SmallGovCon Week in Review: July 15 – 19, 2019

Posted on July 19, 2019 by Shane McCall

We’ve been getting a lot of the dreaded “Excessive Heat Warnings” this week. If you’re in the same boat, please stay cool out there. An alternative to going outside could be staying in the air conditioning and reading up on some interesting government contracting news.

This week in federal government contracting news, please check out noteworthy updates on cyber provisions in the NDAA, securing the supply chain, and possible changes to Buy-American rules for steel, as well as many other stories.

“We Don’t Do Option Year Challenges,” Says GAO

Posted on July 18, 2019 by SmallGovConContributor

Most federal contracts are structured with a base period with a number of option periods that can be exercised at the agency’s discretion. But what happens if an option year goes unexercised? Recently, a disappointed contractor attempted to challenge the agency’s decision not to exercise an option before GAO.

Unfortunately, GAO was not receptive.

House Passes 2020 NDAA

Posted on July 18, 2019 by SmallGovCon Contributor

On Friday, July 12, 2019, the U.S. House of Representatives passed its version of the 2020 National Defense Authorization Act.

While this passage may lead to an uncharacteristic political fight over appropriations, contractors will be watching whether the U.S. Senate and House bills ultimately agree upon the less politically-charged sections likely to impact their businesses.

2020 NDAA to Create New Acquisition Pathways for DOD Software Contracts

Posted on July 16, 2019 by SmallGovConContributor

The proposed National Defense Authorization Act for fiscal year 2020 introduces new pathways for certain Department of Defense software acquisitions. These proposed software acquisition pathways would be separate from the traditional Department of Defense acquisitions process, and contain sweeping streamlining functions, especially within their supervisory structure.

If passed, this new pathway could have a significant effect on how defense agencies acquire software.

CVE Verification Pointer: Remember to Provide Truthful Information

Posted on July 15, 2019 by SmallGovConContributor

In government contracting—as in life—it’s important to be honest. And in our experience, most government contractors are honest. Where a contractor is dishonest or untruthful, it can face significant sanctions.

So it was in a recent SBA Office of Hearings and Appeals decision, in which the OHA considered the cancellation of an entity’s SDVOSB status. In CVE Appeal of Afily8 Government Solutions, LLC, SBA No. CVE-125-A (2019), the OHA affirmed the cancellation of Afily8’s SDVOSB verification based on concerns that Afily8 did not provide truthful information to the VA’s Center for Verification and Evaluation.

SmallGovCon Week in Review: July 1 – 12, 2019

Posted on July 12, 2019 by Shane McCall

I hope you all enjoyed your Fourth of July and celebrated the things you love about our country. My in-laws live outside the city limits, so around these parts the Fourth also means shooting off fireworks (in a safe manner of course).

Because of the holiday, we’re offering you a rare double feature of news about government contracting–2 weeks in 1! So sit back and enjoy.

Some of the interesting news this week includes updates on an alleged email scheme involving a phony contracting officer, NIST draft guideline for developing artificial intelligence technical standards, and contractor supply chain liabilities.

2020 NDAA: Contractors Supplying Technical Data to Receive Protection of Data Rights During Challenges, Again

Posted on July 11, 2019 by Nicole Pottroff

The draft 2020 National Defense Authorization Act, if enacted, will revoke the government’s ability to exercise rights in technical data during a supplier’s challenge to the contracting officer’s decision as to the validity of the asserted “use or release restrictions” on that data. It would reinstate the previous safeguard afforded to data suppliers, allowing them to protect their valuable–and often irreplaceable–intellectual property rights unless and until the contracting officer’s decision to remove the restrictions is sustained.

Keep in mind, this is just a draft provision, as the Senate version of the 2020 NDAA doesn’t contain the provision discussed in this blog.