SCOTUS to Hear Arguments on Agency Power

Posted on March 27, 2019 by SmallGovConContributor

Oral arguments are to be held today (March 27, 2019) on a U.S. Supreme Court case that may dramatically reduce federal agency power.

The case, Kisor v. Wilkie, asks the Supreme Court to overturn longstanding precedent which established that an agency’s interpretation of its own regulation deserves deference so long as it is reasonable. If the Supreme Court overturns this precedent, it could change the balance of power—in favor of government contractors—in certain disputes with agencies.

Don’t Forget the Email Attachment—Protest Denied

Posted on March 26, 2019 by SmallGovConContributor

A protester recently lost an effort to get an agency to consider a late proposal arguing that it was emailed to the agency on the due date.

Even though the quote would have been less expensive than the awardee’s and this was a lowest-price technically-acceptable procurement, GAO denied the protest finding that the email was a few hours late and did not include the attached quotation.

Asking Too Much? GAO Grants Only 1% of Protester’s Claimed Costs

Posted on March 22, 2019 by SmallGovConContributor

While GAO regulations allow GAO to recommend an agency reimburse a protester’s costs if the agency takes corrective action, recouping costs can still be an uphill battle.

In AeroSage, LLC, B-416381.6 (Comp. Gen. Mar. 13, 2019), decided before GAO last week, a protester requested $26,450 in costs, but was only reimbursed its initial filing fee, approximately 1 % of that amount.

SmallGovCon Week In Review March 18 – March 22, 2019

Posted on March 22, 2019 by SmallGovConContributor

It’s the first Friday of spring; I hope it’s as nice in your neighborhood as it is here in Lawrence.

Before we all sneak out of work, let’s get caught up on the latest GovCon news. In this edition of the Week In Review, we’ll consider the upcoming DUNS replacement, a celebration of women entrepreneurs, and much more.

Have a great weekend!

SBA OHA: Common Investment Affiliation Analysis Not Tied to Entity Treatment on Tax Returns

Posted on March 22, 2019 by Shane McCall

Common investment affiliation can arise when SBA believes that two individuals’ common investments in multiple entities may make the individuals in question act with a common purpose. As few as two common investments can form the basis for affiliation.

A recent SBA Office of Hearings and Appeals opinion examines the argument that the number of common investments should be counted the same way the number of entities is treated for tax purposes. OHA’s answer: Nope.

FCC Seeks Comments From Small Businesses on Proposed Satellite Regulations

Posted on March 21, 2019 by SmallGovConContributor

There are more than 170 million pieces of debris in space. This debris has accumulated over years and years of launching hundreds of satellites into orbit; the same satellites that allow us to rely on GPS, Instagram all our travel photos, or even make this blog available to the masses. While there is almost a 0% chance any of this space debris will land in your front yard, or on your shoulder, it still poses a significant risk to other satellites in various orbits around earth.

To stem the growth of space debris, the Federal Communications Commission recently released a proposed rule, 84 FR 4742, that significantly changes how satellite launches are both planned and tracked. Unfortunately, these changes will likely drive up costs of accessing space, making small business participation even more challenging than it already is.

GAO Won’t Let Agencies Sweep Solicitation Non-Compliance Under the Rug

Posted on March 20, 2019 by SmallGovConContributor

An agency can’t award an offeror a contract if its proposal doesn’t conform with a material solicitation requirement. So if, for example, the solicitation requires certain types of documentation showing an offeror’s right to use property, but the awardee offers something different, GAO will likely sustain a protest.

Put differently, GAO won’t let an agency relax key solicitation requirements even though the agency might, during evaluation, accept the non-complying proposal.