It’s never a good idea to perform work without a written contract authorizing the work; handshake agreements between the Government and contractors aren’t reliable. This is particularly true when a dispute arises and the contractor wants compensation. Without a contract, the firm might be out of luck.
Continue reading…Supreme Court Declines to Hear VA Rule of Two Challenge
The U.S. Supreme Court declined to hear a case Monday that could have upended the Rule of Two’s priority over the AbilityOne program for U.S. Department of Veterans Affairs’ procurements.
Continue reading…Novation Disaster: SBIR Phase III Award Stripped by GAO
Contractors interested in acquiring participants in the SBA’s Small Business Innovation Research (SBIR) program beware: successfully novating SBIR contracts has been made significantly harder by a recent GAO decision.
Worse still, SBIR novation mistakes can jeopardize future awards under the SBIR contract vehicles. Tread lightly.
Continue reading…SBA Clarifies Subcontracting Plan Rules
The SBA recently issued a final rule concerning numerous aspects of small business contracting. In previous posts, we wrote about a few parts of the rule, including changes to the limitations on subcontracting.
The new rule also clarifies some important facets of the rules governing subcontracting plans.
Continue reading…SmallGovCon Week In Review: January 6 – January 10, 2020
Hope everyone had a great holiday season! Now it’s time to get back to the routine. And for those of us in the northern parts of the county–a few more months to walk in a winter wonderland.
To avoid that post-holiday letdown, enjoy some of these federal contracting updates that have been rolling in since my last update. This week, there are interesting stories including the new SBA administrator being confirmed, Space Force seeking innovative tech solutions, and calls for federal purchasing to change more quickly.
Continue reading…OHA Reiterates that Filing Deadlines Cannot be Extended
As I’m sure most other attorneys can commiserate with, I often have a recurring nightmare that I miss a filing deadline. Doing so can lead to terrible results: dismissed cases and, in some cases, sanctions against the attorney. For this reason, we always check, double-check, and triple-check our filing deadlines, and strive to file documents early, when possible.
Given my fear, I gain no pleasure in reading about missed filing deadlines, especially when the goof is the subject of a matter outside the attorney’s control.
But as a recent decision by the SBA’s Office of Hearings and Appeals demonstrates, even the most sympathetic of excuses won’t excuse a late appeal filing.
Continue reading…Email Isn’t Instant: GAO Dismisses Case Where Proposal was Four Minutes Late
By 2020, most of us have gotten used to almost immediate means of digital communication. We expect emails to reach their destination at lightning-fast speeds—but this isn’t always the case.
Relying on this expectation can have devastating effects, as it did for a protester in one recent GAO case.
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