GAO: Trade Agreements Act Inapplicable to Small Business Set-Asides

Posted on November 27, 2019 by SmallGovConContributor

It’s no secret that federal government contracting has the reputation of being a seemingly endless morass of regulations. In fact, the confusion frequently associated with federal contracting was on full display in a recent GAO protest that implicated the SBA’s nonmanufacturer rule, the Buy American Act, and the Trade Agreements Act. In a procurement that invited bids from both large and small businesses, a large business contractor argued that the application of certain small business contracting regulations would unfairly advantage the small business participants.

GAO disagreed, and dismissed the protest because any advantage was the result of the regulations operating as intended. Sometimes it pays to be a small business.

New HUBZone Rules Kick In December 26

Posted on November 25, 2019 by Shane McCall

SBA proposed a major revamp of how it will interpret and enforce the HUBZone program’s rules back in October of 2019. We wrote about the major changes in a couple of posts (here and here) as well as some of the common misconceptions that SBA cleared up as part of the proposed rule.

Well, the wait is over. SBA will release the final rule November 26 and the new rules will become effective on December 26, 2019.

SmallGovCon Week In Review: November 18 – 22, 2019

Posted on November 22, 2019 by Shane McCall

SmallGovCon readers, have a great Thanksgiving! We won’t be posting our weekly roundup next week due to the holiday, but we’ll catch up on any missed news the following week.

In the mean time, enjoy this week’s roundup of federal contracting news. Also be sure to enjoy the family, friends, and food at your Thanksgiving table. My personal favorite–stuffing! Below are some interesting updates about GSA’s investigation into the rocky transition to beta.sam.gov, a guilty plea in a “Rent-A-Vet” Scheme, and Naval Surface Warfare Center Dahlgren Division establishing New Business Opportunities.

Protester Hits the Trifecta: Bid Protest Sustained, Denied, and Dismissed

Posted on November 22, 2019 by SmallGovConContributor

GAO issued a bid protest decision that sustained a protest in part, dismissed it in part, and denied it in part. Contractors can learn from this that even if all the arguments do not work, all it takes is one.

High Noon Unlimited, Inc. protested the U.S. Marine Corps decision to buy rifle magazine pouches off High Speed Gear, Inc. There was a large difference in price between the two offerors, with High Noon offering approximately $2.2 million while High Speed charged just under $3.6 million.

SBA Proposes to Eliminate Some 8(a) Joint Venture Agreement Approval Requirements

Posted on November 21, 2019 by Gregory Weber

Recently, the SBA proposed big changes for its small business regulations, including some aspects of the 8(a) Program.

This post is Part 4 in our coverage of these proposed SBA changes and will cover the SBA’s potential changes to the joint venture agreement approval process for 8(a) contracts (here are part 1, part 2, and part 3 of our coverage).

Joint Venture Facility Security Clearances: SBA Wants Feedback

Posted on November 19, 2019 by SmallGovConContributor

Forming a joint venture is an important tool to help small businesses increase their competitiveness under federal acquisitions. But for all the benefits, some headaches remain.

One common issue arises when a solicitation requires the prime contractor to hold a facility security clearance. Because a joint venture is an unpopulated legal entity formed for the purpose of bidding on a specific opportunity, the joint venture itself (as the prime contractor) often lacks the needed clearance—even though the joint venture’s members might both hold it. In these situations, a form-over-substance evaluation may leave the joint venture ineligible for award.

Fortunately, the SBA has recognized the silliness of such an exclusion and has invited feedback on a potential solution.

GSA Releases IT Security and Authentication Solutions for Federal Agencies

Posted on November 18, 2019 by Nicole Pottroff

GSA released a Draft Identity, Credentialing, and Access Management (ICAM) Solutions Catalog in response to an Executive Order and a new Office of Management and Budget (OMB) policy. These ICAM Solutions will assist federal agencies in managing and monitoring user access to information systems in order to ensure secure operations and could change security and authentication procedures for federal contractors.

From the President on down, cybersecurity, including authentication, is a pressing concern for all federal contractors.