Effective October 1, DoD has issued a final rule restricting the use of LPTA solicitations in certain circumstances. This rule implements statutory changes from the 2017 and 2018 NDAA that will greatly impact the use of LPTA procurements by DoD contracting officers.
Continue reading…Contractors Must Prove Increased Costs Caused by a New Wage Determination
Under some federal government contracts, the contractor is required to pay its workers a wage dictated by a wage determination issued by DOL. But what if, during contract performance, DOL raises the applicable wages? Under the FAR, contractors can recover their increased costs.
Naturally, however, contractors have to prove them.
Continue reading…GAO Upholds Agency’s Cancellation of LPTA Procurement with only One Acceptable Offer
Pop quiz: Your company is the only technically acceptable offeror in an lowest-priced, technically acceptable procurement. You win, right? Not when the agency cancels the solicitation, hoping that a cheaper offeror who was not technically acceptable will submit a bid if given another chance. GAO recently considered this very scenario.
Continue reading…SBA Takes Action Following OIG Investigation of Suspension and Debarment Process
On September 18, 2019, SBA’s Office of Inspector General released an Audit Report summarizing a recent audit of SBA’s Suspension and Debarment Process. The purpose of the audit was to determine whether SBA “had sufficient controls in place to prevent suspended or debarred entities from receiving federal contracts through SBA’s preference contracting programs and small business loans.”
Through its investigation, OIG discovered SBA lent and awarded millions of dollars to businesses otherwise ineligible to receive these funds under SBA’s suspension and debarment guidelines. While SBA disagreed with some of OIG’s findings, SBA did agree to take some steps to address OIG’s findings and recommendations.
Continue reading…GAO Green Lights Use of IGCE in Past Performance Evaluation
Internal Government Cost Estimates (IGCEs) are frequently used to gauge the reasonableness of contractor prices during proposal evaluation. But can these internal estimates also impact other evaluation factors? GAO was recently asked to resolve this question in the context of past performance evaluations, and the answer was essentially “you sure can!”
Alright, GAO wasn’t that enthusiastic, but it did condone the use of IGCEs when evaluating past performance.
Continue reading…SBA OIG All Small Mentor-Protégé Program Evaluation Reveals Concerns and Suggests Improvements
In 2016, SBA established the All Small Mentor-Protégé Program, or ASMPP, enabling mentors of any size to provide business development assistance to small protégé businesses to enhance the protégé’s ability to compete for federal contracts. Since then, the ASMPP has served as a powerful tool for many businesses and, as of August 1, there were 885 active mentor-protégé agreements.
Recently, however, the SBA’s Office of the Inspector General released a report highlighting some opportunities to improve the program and recommending SBA take additional steps to ensure compliance with the program’s requirements.
Continue reading…SmallGovCon Week In Review: September 16 – September 20, 2019
It’s Friday, which means it’s time for another weekend of college football. Here in Lawrence, there is some renewed interest in the Jayhawks after last week’s surprise Friday night upset over Boston College. Let’s hope the Hawks can keep the intensity up tomorrow.
It also means it’s time for another roundup of some of the more interesting updates from the federal government contracting world. This week, we look at stories including that Federal, state, and local authorities are intensifying scrutiny of minority contracting programs; the House Small Business Committee Chairwoman pushes for improvements to SBA’s 8(a) Program; and whether AI can help decide if work is inherently governmental.
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