Contractors Beware: Government Bans Certain Telecommunications Equipment Effective August 13, 2019

Cybersecurity is a key concern of the federal government, which means that it should be a key concern for federal contractors, too.

To address a perceived cybersecurity risk, the 2019 NDAA prohibited the government from buying telecommunications devices produced by certain companies—namely, Huawei Technologies, ZTE Corporation, or any of their subsidiaries. In a proposed rule announced this week, this ban will be effective beginning August 13, 2019.

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SmallGovCon Week In Review August 5, 2019 – August 9, 2019

Thanks to my colleagues for handling Week in Review duties last week. After a week spent camping in the mountains of Colorado, I returned rested and with a newfound respect for bears, moose, and other wildlife.

Please enjoy this week’s roundup of federal government contracting news. There are some interesting stories in here about new IT contracting initiatives from GSA schedules, NASA, and the IRS; an increase in federal tech contracts; and DOD acquisition reform.

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GAO: Proposal Strengths Must be Based on Solicitation Criteria, Not Merely Benefit to Government

Agencies often find unanticipated, innovative content in offerors’ proposals. And unsurprisingly, those proposals are often the ones selected for award. But a recent GAO decision reminds us that all strengths an agency assigns must be supported by the stated evaluation criteria.

In other words, the solicitation must thoroughly inform offerors of these evaluation criteria, and the agency must equally evaluate offerors under them. An offeror’s proposal should not get extra credit for proposing things that are not anticipated by or logically encompassed in the solicitation.

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ASBCA Awards Contractor Compensation for Extra-Contractual Changes

Contract changes, particularly in the construction context, can be flash points for the Government and a contractor. In some cases, the Government will assert that the contract requires the contractor to perform certain work; the contractor, pointing to the same (or another) contractual provision, will argue that the contract does not require it.

These diverging positions can sometimes lead to contentious litigation.

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GAO Disagrees with SBA: Consolidation Analysis Not Required for BPAs

No, the government isn’t trying to figure out how it can bundle home and auto coverage to save on its insurance premiums. Instead, “consolidation” in the federal government contract context refers to the action of collecting requirements being performed under discrete small business set-aside contracts into a single procurement.

Before an agency may consolidate contracts, it must consider the impacts the proposed consolidation will have on small business participation. Recently, however, GAO was asked to determine whether consolidation analyses are required for Blanket Purchase Order (“BPA”) procurements, and its decision did not adopt the SBA’s position.

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