SBA Proposes Changes to Nonmanufacturer Rule and Limitations on Subcontracting

The SBA recently proposed regulatory changes for a number of small business rules. While my colleagues have addressed some of the other big changes, I’ll focus on changes to the nonmanufacturer rule and limitations on subcontracting. The SBA noted that these changes are meant to eliminate confusion and streamline both processes.

Keep reading to see if you agree.

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SmallGovCon Week In Review: November 11 – 15, 2019

This week, I wanted to send a special thank you our nation’s veterans. Your service is vital to our country and a big part of the work that many federal contractors perform.

With that in mind, here are some of the interesting federal contracting updates from the past week. This week we have stories about a potential government shutdown, the annual suspension and debarment report, and new tools coming to protect the supply chain from potential malicious actors.

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Subcontractor Experience Irrelevant Where Subcontractor Won’t Perform Similar Tasks, Says GAO

Prime and subcontractor teaming is a common way for contractors to leverage the experience of the team’s anticipated subcontractors to make proposals more attractive to federal clients, particularly when past performance is a substantial evaluation consideration.

This approach, however, recently ran into a snag when the proposed subcontractor was not going to perform the discrete work areas that its past performance experience supported, which lowered the past performance score of the bid. In the resulting protest, GAO concluded the agency got the evaluation right, and was not required to credit all of the subcontractor’s experience.

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GAO Recommends Improvements For Comments on Proposed Federal Agency Rules

Have you ever felt like you were screaming into the void when submitting your comments to a proposed rule in the Federal Register? That your well thought out comments were being drowned out by a mass of other comments on a proposed rule or attributed to someone else? Have you wondered what agencies do with all that information you send them when you submit a comment on a proposed rule?

Well, GAO seems to have the same questions and concerns regarding the proposed rule comments process and has taken time these past few months to examine how agencies wade through comments on proposed rules, publish them, and clearly attribute identities to them.

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