SmallGovCon Week In Review: May 4 – May 8, 2020

Posted on May 8, 2020 by Shane McCall

While we’ve recently enjoyed some sunny spring weather in Lawrence, KS, this week saw the other side of spring: overcast days and rain. While working from home, this means staring out the window at a grey sky. So, while we continue to cope with the effects of COVID-19, it can be comforting to read about the wheels of government continuing to turn.

This week, we saw federal contracting updates in the areas of the DOD shoring up the industrial base, a guilty plea for bribery and a settlement for allegations of SDVOSB fraud, and news that the government continues to buy during the pandemic.

Want to Recover Increased Costs Caused by an Epidemic? Look at Your Contract!

Posted on May 7, 2020 by SmallGovCon Contributor

Contractors in the COVID-19 era may be tempted to think that the Government will compensate them for increased costs caused by virus-induced shutdowns, quarantines, and the like. And this line of thought has some inherent appeal.

After all, the virus was entirely unforeseen by both parties when the contract was inked. So shouldn’t the customer–the party wanting the good or service–bear the risk of these extraordinary events?

What Happens When a Company Takes a PPP Loan it Doesn’t Need?

Posted on May 6, 2020 by SmallGovCon Contributor

As we said in this space a few days ago, the SBA has put in place a safe harbor until May 14 for companies to return Paycheck Protection Program loan money if they find they don’t need it. No harm, no foul.

So, what happens if they don’t need it, but don’t return it? Maybe Clubber Lang said it best.

Agency Must Consider Price Before Eliminating a Contractor from Competitive Range, GAO Confirms

Posted on May 4, 2020 by SmallGovConContributor

In theory, best value procurements provide the government with an opportunity to select a higher priced proposal where the higher price is justified by the technical superiority of the proposal. In practice, though, the technical factors of a best value procurement can seemingly relegate price to a secondary consideration.

In a recent decision, however, GAO confirmed that price is an essential evaluation consideration in any best-value decision.

Reminder: Joint Venture Agreements Must Include Required Provisions

Posted on May 4, 2020 by SmallGovConContributor

It’s no secret that federal contract opportunities are becoming more and more competitive. But as we’ve previously gushed, small businesses enjoy a tremendous tool for enhancing their competitiveness: participating in a joint venture with another company.

Properly formed, a joint venture allows its participants to augment their capabilities and experiences in the quest to win (and successfully perform) a particular opportunity. But there’s the trick—to enjoy the benefits of a joint venture, that joint venture must meet various regulatory requirements. One misstep and the joint venture might not be eligible for the award.

A recent SBA Office of Hearings and Appeals decision shows the importance of making sure these regulatory requirements are met.

PPP Update: New $20 Million PPP Loan Limit for Corporate Groups

Posted on May 1, 2020 by SmallGovCon Contributor

On Monday, May 4, the SBA will issue another Interim Final Rule updating the Paycheck Protection Program—this time limiting the “aggregate amount of PPP loans that any single corporate group may receive.”

SmallGovCon Week In Review: April 27 – May 1, 2020

Posted on May 1, 2020 by Shane McCall

The federal government and federal contractors continue to deal with the fallout from COVID-19, while still providing the many functions of government. Because the work of government keeps on keepin’ on, there were a number of interesting updates in the federal contracting world this week.

These included news about how COVID-19 is affecting small business contractors, the Air Force’s investment in flying cars (!) using a new acquisition model, and DoD’s desire for first-tier suppliers to meet ‘Level One’ CMMC criteria.