SmallGovCon Week In Review: January 21 – January 25, 2019

Posted on January 25, 2019 by SmallGovConContributor

It has been a bit of a double-whammy for us in the Kansas City-area this week. Not only did our Chiefs lose in a heartbreaker last weekend, but we’ve also been dealing with cold temperatures, snow, and ice.

But there is also some good news. As we’re writing this post, word came down that the government will soon reopen (if only temporarily). To all our friends that work for or with the federal government, we’re thrilled that you’ll soon be back at work.

With that, let’s take a look at the week-that-was in federal government contracting. Have a great weekend, everyone!

“Eliminate Most DoD Small Business Set-Asides,” Says Section 809 Panel

Posted on January 24, 2019 by Steven Koprince

The Section 809 Panel has recommended that Congress eliminate most small business set-asides for DoD acquisitions. The Panel would replace the longstanding set-aside system with a meager five percent small business price preference.

For small government contractors, this recommendation is the policy equivalent of a five-alarm fire. Small contractors may need to fight hard to save the set-aside system.

Get ready for a battle.

OHA Rules that Size Protest Wasn’t Five Years Too Late

Posted on January 24, 2019 by SmallGovConContributor

As we’ve discussed in previous posts, if you want to initiate a size protest, you generally must do so within 5 business days after the contracting officer notifies you of the prospective awardee’s identity.

But what happens if, after learning that you did not receive the award, the agency does something that suggests its award decision wasn’t final–e.g., reopens discussions with offerors and seeks revised proposals? Would your size protest still be late if didn’t file within the 5-day time frame?

Take a guess. And keep reading to find out the answer!

Don’t Wait Until It’s Too Late: GAO Dismisses Claim of Agency Bias as Untimely

Posted on January 24, 2019 by SmallGovConContributor

In Adams and Associates, Inc., B-417120 et al. (Comp. Gen. Jan. 16, 2019), GAO dismissed a post-award protest, which alleged agency bias and retaliation against the protester, as untimely.

The GAO’s decision highlights the uphill battle contractors face when alleging agency bias.

Section 809 Panel Recommends Eliminating COFC’s Ability to Consider Protests After GAO’s Resolution

Posted on January 23, 2019 by SmallGovConContributor

Among its suggestions to streamline the acquisition process, the Section 809 Panel has proposed to eliminate the ability to file a protest at GAO and the Court of Federal Claims. Instead, the Panel would require protesters to choose between filing at GAO or the Court.

Let’s take a look.

Section 809 Panel Recommends Changing “Once 8(a), Always 8(a)” Rule

Posted on January 23, 2019 by Steven Koprince

Under the so-called “once 8(a), always 8(a)” rule set forth in the FAR and SBA regulations, when a procurement has been accepted by the SBA for inclusion in the 8(a) Program, any follow-on contract generally must remain in the 8(a) Program, unless the SBA agrees to release it for non-8(a) competition.

Now, the Section 809 Panel has proposed a modest, but potentially important change to the “once 8(a), always 8(a)” rule–a change that would allow for acquisitions to be removed from the 8(a) Program without the SBA’s explicit consent.

House Passes Bill to Increase Potential Size of Sole Source Awards

Posted on January 22, 2019 by SmallGovConContributor

Amidst the news cycle focusing on the government shutdown, there is some other action in the House of Representatives that recently caught our eye.

The House recently passed a bill called the “Expanding Contracting Opportunities for Small Businesses Act of 2019.” If the bill becomes law, we will see a dramatic expansion in the size of sole source contracts for SDVOSBs, WOSBs, and HUBZones.