On June 11, the House Armed Services Committee published its draft of the 2020 National Defense Authorization Act (NDAA), which was updated June 19. Among other proposed sections impacting small business contractors which will be discussed in future blog posts, the draft reduces the monetary threshold for comprehensive Department of Defense debriefings and renews the DoD’s Mentor-Protégé Program.
Continue reading…SBA Issues Proposed Rule Implementing Small Business Runway Extension Act
On Monday, June 24, SBA will issue its long-awaited proposed rule implementing the Small Business Runway Extension Act. We intend to explore the proposed rule and the accompanying commentary more fully over the next few days (as we have been doing over the past few months), but we wanted to provide a quick update to our readers on the main changes in the proposed rule.
The key takeaway is that, once the rule is in place, SBA size standards will be based on a 5-year average. SBA “proposes to change its regulations on the calculation of annual average receipts for all receipts-based SBA size standards and other agencies’ proposed size standards for service-industry firms from a 3-year averaging period to a 5-year averaging period.”
Continue reading…SmallGovCon Week in Review: June 17 – 21, 2019
As government contracts attorneys, we find even the mundane aspects of federal contracting law (for example, CAGE codes) pretty interesting and important. But a recent FBI warning detailed in one of the stories from this weeks reminds us all that government contractors are crucial to the safety and well-being of the nation.
As reported in the story, the FBI has warned contractors “about foreign intelligence services using social media accounts to target and recruit employees with US government clearance.” The FBI warns that “US adversary intelligence officers are using popular US-based social media platforms to identify, recruit, and conduct operations against USG clearance holders, to include private sector employees or contractors supporting the USG.” This is a good reminder of the high stakes involved in working for the government.
Read on for this story and other interesting government contracting news, such as updates on a bill for back pay for contractors during the government shutdown, making cyber security an allowable cost, and a hack that exposed thousands of license plate numbers.
Continue reading…GSA Announces Plans to Consolidate MAS Contracts and Asks for Industry Feedback
The General Services Administration is conducting market research for its planned consolidation of the Multiple Award Schedule (MAS) Program. Earlier this month, GSA publicly announced the new single solicitation format, including streamlined terms and conditions, and its intention to collect feedback from government contractors in the industry.
According to GSA, the consolidation is part of its two-year modernization process for the program that began in November of 2018. The consolidated MAS solicitation is scheduled for release later this year. And if you have concerns or suggestions for GSA on this significant consolidation, there is still time for your input.
Continue reading…Hey VA! You Can’t Avoid the Rule of Two By Using GPO To Do Your Shopping.
It’s no secret that the VA has tried to find ways around the statutorily-mandated rule of two–i.e. VA must set aside procurements for VOSBS if it has a reasonable expectation that it will receive fair and reasonable offers from two or more veteran-owned small businesses.
Although the U.S. Supreme Court has already told VA, in Kingdomware, that it cannot circumvent the rule of two, VA apparently is still seeking ways to avoid it.
Continue reading…Task Order Size Protests: Too Little, Too Late, Says SBA OHA
So, your company has made it past the first big hurdle and got on a GSA schedule. You see a small business task order pop up that you believe your company would be perfect for, but another company gets the award. Based on information you have heard or read, you believe something fishy may be going on and the awarded company may be a big fish that found its way into the small pond.
But can you timely protest the task order award?
Continue reading…Senate Highlights Decline in Number of Small Businesses Getting Federal Contracts
Recently, a member of the Senate Committee on Small Business & Entrepreneurship called for increased small business participation in federal contracts during a hearing on the SBA’s contracting programs. Senator Ben Cardin based his concern on a recent report showing that the number of small businesses with federal contracts was at a 10-year low.
Continue reading…