GAO to SBA: Please Address “Ongoing Oversight Issues” for the WOSB Program

Posted on April 26, 2019 by Shane McCall

GAO recently issued a report on several ongoing issues with SBA’s management of the Woman-Owned Small Business program. Because of the number of issues in the report, we’ll summarize it in a few posts.

In this post, we’ll provide some background on GAO’s review of the WOSB program and address how (and whether) SBA has implemented the changes required in the WOSB program by the 2015 National Defense Authorization Act. Long story short, SBA has still not done all Congress has asked of it in the 2015 NDAA, particularly with regard to eliminating WOSB self-certification.

DoD Proposes Aligning DFARS 8(a) Nonmanufacturer Rule with Existing SBA Regulations

Posted on April 25, 2019 by SmallGovConContributor

The DoD recently issued proposed revisions to the DFARS 8(a) nonmanufacturer rule, found in 48 C.F.R. § 252.219-7010. The proposed revisions would update the admittedly “outdated text regarding the nonmanufacturer rule with updated text” that reflects SBA’s May 2016 final rule implementing the Fiscal Year 2013 National Defense Authorization Act.

While the changes are only for 8(a) concerns, the differences between the existing DFARS and proposed change are significant nonetheless.

GAO Won’t Resolve Alleged Corporate Espionage Dispute

Posted on April 24, 2019 by SmallGovConContributor

In a recent GAO bid protest, IBM Corp. accused a subcontractor of giving its proposal to a competitor.

GAO dismissed the accusation, explaining that at its core, alleged corporate espionage is a disagreement between two parties, not a contractor and the federal government and therefore not an appropriate matter for resolution in a bid protest.

SmallGovCon Week In Review April 15 – April 19, 2019

Posted on April 19, 2019 by SmallGovCon Contributor

It’s Friday, which means it’s time for the SmallGovCon Week In Review. In this edition, we’ll look at a potential impact to the change to DUNS numbers, cybersecurity requirements, and increased opportunities with the Corps of Engineers.

Have a great weekend, everyone!

VA CVE, Under New Rules, Closely Examining Franchise and Similar Agreements

Posted on April 16, 2019 by Shane McCall

Government contractors seeking to be certified through the Vets First Verification Program under the VA’s Center for Verification and Evaluation have to submit a number of documents. We’ve recently been hearing that CVE is taking a closer look at some of these documents, and this is in line with VA’s recent rule change expanding its list of required documents for verification.

Specifically, CVE will examine franchise agreements and similar documents like distributor agreements. Depending on the language in those agreements, this could lead to a denial of CVE verification. Because of that, we offer a reminder of CVE’s position on these types of agreements, which seems to still be quite strict in spite of regulatory changes implemented last fall.

GAO Declines Jurisdiction Over the “Other Transactional Agreement” Evaluation and Award Process

Posted on April 15, 2019 by SmallGovCon Contributor

Evaluation and selection of an offeror for award of an “Other Transactional Agreement,” or “OTA,” are significantly more flexible than a traditional procurement under the FAR. This was at issue recently in GAO case MD Helicopters Inc., B-417379 (Comp. Gen. Apr. 4, 2019), where GAO clarified that it does not have jurisdiction to hear protests regarding OTA award decisions.

SmallGovCon Week In Review April 8 – April 12, 2019

Posted on April 12, 2019 by SmallGovConContributor

Happy Friday, everyone! It’s a beautiful day in Lawrence, as we seemed to have dodged the bullet with the massive mid-April winter storm that’s affected our friends up north. No matter where you’re located, we hope you’ve had a great week, too.

Before we head out for the weekend, it’s time for the Week In Review. In this week’s edition, we’ll take a look at the nominee to head the SBA, VA contracting goals, a new DoD rule to implement the nonmanufacturer rule to 8(a) contracts, and more.

Have a great weekend!