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.

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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.

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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.

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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?

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Runway Extension Act: Return of the SBA

Congress and the SBA continue to disagree about the timing for the implementation of the Runway Extension Act (conveniently allowing my Star Wars references to continue).

SBA recently provided testimony before the U.S. Senate Committee on Small Business & Entrepreneurship. Senator Marco Rubio called the hearing to address, among other things, why the “SBA has refused to follow the Runway Extension Act.” (We have wondered the same thing.)

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Proprietary Information Proper Basis for Restricted Solicitation Terms

While the overarching goal of the federal procurement system is to provide as many opportunities for competition as possible, there are those instances where the unique circumstances of a procurement require limiting the pool of offerors.

In a recent decision, GAO determined that the need for proprietary maintenance information was a sufficient reason to limit competition.

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