Supposedly, the general rule is that a protester is reimbursed the costs associated with a successful protest—including attorneys’ fees. But, as a recent case shows, that’s often not the case.
In a March decision, GAO recommended award of only a portion of fees associated with bringing a protest, even though GAO agreed that the protest was correct and the awardee should have been found technically unacceptable.
Continue reading…In a move bringing to mind Etta James’ most popular refrain, SBA has proposed an amendment to its regulations which will require Woman-Owned Small Business program participants to be certified by the SBA or an SBA approved third-party certifier.
Continue reading…Your company has submitted a proposal for a Lowest-Priced, Technically Acceptable acquisition. To your surprise, you find out another company has submitted a technically acceptable offer with the same price. Equally surprising, the solicitation does not contain any provisions instructing the agency on how to pick from otherwise equal bids. So what is the contracting officer to do – issue an order for a standoff, a la the O.K. Corral? (For the record, we do not advise this as a viable method of conflict resolution.)
Fortunately, GAO encourages a less drastic solution–use of the contracting officer’s reasonable discretion.
Continue reading…There are some exciting things going on this week. First off, Happy Mother’s Day to all the moms out there! And please give recognition to all the small businesses out there contributing to the vitality of our nation. You can buy your mother a gift at a local small business and knock out Mother’s Day and National Small Business Week in one fell swoop.
Before you head out for the weekend, take a look at some of the recent news in federal government contracting. Below, you can read about some of the impressive small businesses that were recognized this week, as well as read about how government contractors were affected by the government shutdown, important changes to how security clearances will be processed, and how the DoD is looking to modernize technology acquisitions. Enjoy!
Continue reading…Just like one word answers don’t work with your mom (who you should call this Sunday!), one sentence CVE Appeals don’t usually work for OHA. In one recent case, Secure2ware, Inc., SBA No. CVE-111 (Apr. 18, 2019), OHA provided reminders about what CVE Database appeals must include.
Continue reading…Contracting officers are given significant discretion in choosing NAICS codes for procurements. But, as decision makers, they aren’t infallible. As a recent OHA case shows, using the NAICS Manual can help small business contractors challenge an incorrect NAICS code.
Continue reading…This is our second blog on GAO’s recent report on SBA’s management of the Woman-Owned Small Business program. Here is our initial post.
In the report, GAO analyzes SBA’s oversight of the current certification program, and reports on its study of why contracting officers don’t use the WOSB set-asides as much as one might think.
Continue reading…