GAO protests typically address issues that occur before contract award. For example, GAO will review a solicitation’s terms. It will also review an agency’s evaluation of proposals submitted in connection with a solicitation.
But as a general rule, GAO won’t insert itself into disputes arising after award, which fall under the contract administration umbrella. But there is an exception–and an important one . . . one that all federal contractors should be aware of.
Continue reading…It’s an exciting time in the federal contracting world. The House and Senate negotiators have resolved their differences on the 2020 NDAA and it should be passed soon. In addition to the article below, you can review our coverage on some of the major provisions that would affect contractors and we’ll also provide updates with any major changes coming out of the final version.
But that’s not the only news. There are are also updates on the flurry of recent SBA rule changes and a new SBA administrator, the DOD’s new cybersecurity model, and a security clearance loophole.
Continue reading…Fraud is an ever pressing concern in federal contracts, and the federal government goes to great lengths to minimize the risks to introduce fraud into the procurement system.
Unfortunately, a recent GAO report highlighted how complex ownership structures can be leveraged to obscure fraudulent contracting activities. Worse still, complex ownership structures are most frequently leveraged to perpetrate small business set-aside fraud.
Continue reading…The SBA has published a final rule that would allow for quite the change to small business set-aside multiple award contracts (MACs) and orders issued under them. This final rule amends the SBA’s regulations to authorize task and delivery orders issued under a small business set-aside MAC, to be set-aside for HUBZone businesses, 8(a) businesses, SDVOSBs, or WOSBs.
While agencies had set aside orders under MACs before, SBA has now clarified its regulations to allow socioeconomic set-asides of orders under small business set-aside MACs.
Continue reading…The SBA Office of Hearings and Appeals denied an SDVOSB-status protest recently where the protester’s main argument amounted to an allegation that the owner of a competitor failed to identify on social media that he had a service-related disability.
OHA called the allegation “completely without merit.”
Continue reading…The end of the year brings different traditions for different folks. Around these parts, Lawrence is celebrating its old fashioned Christmas Parade downtown. Old fashioned in this case means all horses and no motorized vehicles. It’s a fun event.
But for government contractors (and their lawyers), the end of the year is a great time to reflect on changes to the federal contracting legal landscape. In that vein, Public Contract’s (AKA Pub K) free Annual Review 2019 will take place via webcast on December 12 from 9 am to 4:30 pm. For those looking for some detailed discussion of government contracting issues over the past year from some seasoned presenters, this is the place.
Over the past couple weeks there has also been a lot of interesting updates in federal contracts, including a GAO report highlighting how lack of contractor ownership transparency can mask national security threats as well as other contractor scams, companies vying for the government e-commerce portals, and small contractors are struggling to meet cybersecurity standards. The GAO report will make for good reading as it has a lot of examples of ownership concerns for those looking to avoid fraud issues in government contracting.
Continue reading…The VA and SBA have numerous regulations defining the eligibility requirements for participation in the veteran-owned and service-disabled veteran-owned small business programs. To help laypersons better understand these regulatory hurdles the VA publishes Verification Assistance Briefs.
These “are resources to assist applicants in obtaining VA Verification for the Veterans First Contracting Program” and understand SBA’s ownership and control criteria. The VA recently updated all of its existing Briefs and added some new ones. Read on for an overview of the 26 Briefs and a more detailed look at some of the more notable ones.
Continue reading…