SmallGovCon Week in Review: May 6-10, 2024

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Happy Friday and Happy Mother’s Day! Celebrations of mothers and motherhood can be traced back to the ancient Greeks and Romans, who held festivals. The American incarnation of Mother’s Day was created by Anna Jarvis in 1908 and became an official U.S. holiday in 1914. Did you know that the most phone calls are made in the United States on Mother’s Day? We hope you have a wonderful weekend and please acknowledge all those mothers and mother-figures in your life. Have a nice weekend.

And now in federal government contracting news this week, some of the interesting updates included GAO’s look at waste in federal programs (they found some) as well as a push to lift budget caps on the DoD.

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Apparent Conflict: Appearance of Impropriety Enough to Exclude a Contractor from Federal Contract

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When a government employee moves from a federal agency to a private contractor, this sort of revolving door can lead to concerns that contractor hiring the ex-agency employee is getting special treatment. To avoid this concern, the ex-agency will sometimes bar the contractor from competing. In a recent case, the Navy did just that and a court had to review if the Navy made a reasonable decision.

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SBA Scorecard: Largest Small Business Federal Contracting Year, Some Goals Missed

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It’s that time of year again! The time of year that all federal government contractors wait for with bated breath to see how well agencies performed in relation to their small business subcontracting goals (or at least how well the metrics show them to be doing). Time for the SBA’s Annual Scorecard. Ok, so maybe it’s not quite that hyped up. But it is informative, nonetheless. And for 2023, it looks like things are looking up with every category making gains from the previous year. Once again, government-wide performance earned an overall score of an “A” by achieving 109.13% of its goal coming in with a whopping $178.6 billion spent with small business contractors.  

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Clearing Things Up? A Quick Look at the Proposed Plain Language in Contracting Act

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In 2010, Congress passed the “Plain Writing Act,” which essentially requires that federal agency communications to the public must be in language that “the public can understand and use” and is “clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience.” In other words, the idea was that agencies should stop using so much jargon and legalese. However, this arguably didn’t apply to contract opportunity notices. Congress is now looking at making sure that omission changes with the proposed “Plain Language in Contracting” Act, at least with regards to small business set-asides. We explore this more in depth in this post.

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SmallGovCon Week in Review: April 22-26, 2024

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Good day and happy Friday! We hope you had a very productive week and are looking forward to the weekend. We have been, and will be, receiving some much-needed rain, so outdoor weekend activities might be a bit hit or miss here. It’s wonderful weather for all those recently planted gardens, however, as long as the storms aren’t bad!

In federal government contracting news this week, be sure to check out the stories about the new sustainability rules (and our recent blog), as well as new legislation on solicitation language and buying technology.

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Contracting While Impaired: Court Rejects Overbroad Finding of OCI Based on Impaired Objectivity

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Contracting agencies, and contractors, must always be aware of potential organizational conflicts of interest (OCIs). An OCI can result in a contractor being kicked off a federal procurement. One type of OCI is an impaired objectivity OCI, typically resulting from a contractor evaluating its own offer or its own performance. In a recent decision, the United States Court of Federal Claims (COFC) said that an agency was overly cautious in rejecting an offeror based on a perceived OCI.

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