Limitations on Subcontracting: FAR Council Finally Proposes Rule Change

Posted on December 5, 2018 by Steven Koprince

For small government contractors, the disconnect between the SBA’s updated limitations on subcontracting rule and the FAR’s outdated rules has been very confusing. For more than two years, the FAR and SBA regulation have used different formulas to determine compliance, and the SBA rule–but not the FAR–allows the use of “similarly situated entities” on small business set-asides and 8(a) contracts.

This has created major headaches for small businesses, who have had no definitive answer to what should be a simple question: “which rule do I follow?” Now, finally, there is some important progress to report in clearing up this discrepancy: yesterday, the FAR Council issued a proposed rule to update the FAR’s limitations on subcontracting provisions and conform them to the SBA’s rule.

2018 GAO Bid Protest Report Shows 44% Success Rate, With Little Change Compared to Prior Years

Posted on December 4, 2018 by Shane McCall

The holiday season is upon us, time for cherished traditions. If you’re anything like us at Koprince Law, one of these traditions is reviewing the GAO’s annual bid protest report.

The overall picture I got from the report, while perhaps not the best clickbait, is that GAO bid protest figures have remained remarkably steady over the past few years. As it has been for the last few years, close to 50% of protests succeed. This stability is a story worth repeating.

Government-Wide SDVOSB Certification: More Details on New Bill

Posted on December 3, 2018 by Steven Koprince

I’ve long predicted that Congress would eventually adopt a formal, Government-wide SDVOSB certification program (or “verification” program, if you prefer). Maybe my crystal ball is finally right. As we wrote last week, a new bill introduced in the House of Representatives would do just that.

The full text of the bill has now been published. Here are some of the key details of the Government-wide SDVOSB certification proposal.

Don’t Skip the Notes: OHA NAICS Code Decision Relies on Footnote

Posted on December 3, 2018 by SmallGovConContributor

Many people skip the footnotes when they read. Why not? There’s rarely anything important in them, right?

Not necessarily. In recent NAICS appeal Advanced Concepts Enterprises, Inc., SBA No. NAICS-5968 (Oct. 24, 2018), a single footnote made all the difference.

SmallGovCon Week in Review: November 26-30 , 2018

Posted on November 30, 2018 by SmallGovConContributor

Thanksgiving has come and gone, so that means holiday season is upon us! It was a balmy 62 degrees here in Kansas on Turkey Day, and 48 hours later we were in the middle of a blizzard. Gotta love Kansas weather!

Stuffed full of turkey and snowed in, we had some time to catch up on what’s been happening in the government contracting world. In this two-week edition of SmallGovCon, we’ll look at GSA’s proposed consolidation to its schedule contracts, a DOL hiring discrimination dispute, Amazon’s role in the federal marketplace, and more.

Have a great weekend!

Size Protest Was Untimely Because CO Did Not Require Size Recertification

Posted on November 29, 2018 by SmallGovConContributor

Let’s suppose that you, a small business, were previously awarded a long-term contract set aside for small businesses. But over the past few years, business has been good and you’ve outgrown the size standard assigned to the contract. Can you still be awarded a task order under the contract? Yes–if the contracting officer doesn’t require you to recertify your size in connection with the task order request, and no contract-specific terms–like mandatory off-ramps–say otherwise.

This important principle recently played out in DNT Solutions, LLC et al., SBA No. SIZ-5962 (2018).

Alert! House Committee Proposes Ending SDVOSB Self-Certification

Posted on November 28, 2018 by SmallGovConContributor

SmallGovCon readers know that the federal government currently operates two SDVOSB socio-economic designations: a VA-specific program (that requires the business to be verified by the VA’s Center for Verification and Evaluation), and a program through the SBA (that allows the business to self-certify).

These dual programs have been the source of confusion among SDVOSBs. Thankfully, relief might be on the way, as the House Small Business Committee has introduced legislation to consolidate SDVOSB verification under the SBA.