Uncle Sam’s Strong Arm: Contracting Under the Defense Production Act

Posted on March 24, 2020 by SmallGovConContributor

The COVID-19 pandemic threatens to stretch Americans’ medical resources incredibly thin. From disposable face masks to respirators, there is real concern that current supplies will be insufficient to treat the anticipated influx of COVID-19 patients.

To address this problem, many have pointed to the Defense Production Act as a way to increase production of this essential equipment. This is largely because the Defense Production Act substantially modifies some of the core government contracting principals articulated in the FAR.

From a legal standpoint the Defense Production Act provides some extraordinary powers to the President to increase domestic production in time of crisis, powers that drastically differ from the procedures of the FAR. Importantly, these changes would only impact procurements conducted directly under Defense Production Act authority. For those businesses subject to its provisions, though, the differences could be quite stark.

The Coronavirus Stimulus Package Could do More for Small Business Contractors

Posted on March 23, 2020 by SmallGovConContributor

Congress is expected to pass a huge coronavirus stimulus package in the coming days. While lobbyists and congressional staffers wrestle over the last bits and pieces to find their way in to the bill, there seems to be a pretty important group left out—small business federal contractors.

Announcing the COVID-19 Contractors’ Toolkit

Posted on March 23, 2020 by SmallGovConContributor

To address the unique challenges facing federal contractors during the COVID-19 pandemic, SmallGovCon is launching the COVID-19 Contractors’ Toolkit. The goal is to provide relevant and useful information for government contractors about contract requirements, best practices, and advocacy options.

While every business will have its own unique challenges, it’s our hope to offer general information to guide decision making for federal contractors in these unprecedented times.

DOD: Sole-Source Contracts up to $100 Million Don’t Need Justification

Posted on March 20, 2020 by Shane McCall

Effective March 17, DOD contracting officers won’t have to issue a justification or obtain approval for award of a sole-source contract under the Small Business Administration’s 8(a) program for awards up to $100 million, up from the prior $22 million limit. This Department of Defense class deviation implements the higher dollar amount that Congress set in the 2020 National Defense Authorization Act.

This change will likely matter most for 8(a) concerns owned by an Indian Tribe, Alaska Native Corporation (ANC) or Native Hawaiian Organization (NHO), as other 8(a) firms are limited to a smaller dollar amount for sole source awards unless only one 8(a) firm can perform the work.

SmallGovCon Week In Review: March 16 – March 20, 2020

Posted on March 20, 2020 by Shane McCall

As the nation and world continue to take measures to respond to the COVID-19 threat, the federal government and federal contractors will have important roles to play, along with state and local governments, businesses, organizations, families, and individuals. As is clear from this week’s news, the federal government is ramping up its response to the crisis; federal contractors will be called on to step up in many areas.

Particularly noteworthy this week are stories about the challenges of doing classified work remotely, updates on CMMC cybersecurity standards and the impact of coronavirus on implementing the standards, as well as how the coronavirus is affecting the operations of different parts of the government.

Why Are There Two HUBZone Maps on the Internet?

Posted on March 19, 2020 by SmallGovConContributor

If you were to fire up the ol’ Google and search for the phrase “hubzone map” guess what you would get—not one but two links that purport to be the Small Business Administration’s Historically Underutilized Business Development Zone (HUBZone) program map.

Is there any indication which is the correct map? No. Might one return false results? Yes.

Biggest Loser: GAO Dismisses Marines’ Reconsideration Request on Magazine Pouch Weight

Posted on March 18, 2020 by SmallGovConContributor

A few months ago, we blogged on a sustained GAO decision that concluded the Marines had failed to evaluate offerors in accordance with the Solicitation. Specifically, GAO identified issues with the evaluations of offeror samples, and recommended that the Marines reevaluate offerors. In the wake of GAO’s decision, the Marines filed a request for reconsideration.

Unfortunately, the Marines request did not comply precisely with GAO’s filing procedures, resulting in a dismissal.