GAO: DOD Should Clarify Criteria for Using LPTA

Posted on November 15, 2018 by SmallGovConContributor

Over the last few years, SmallGovCon has covered the Congressionally-mandated march away from use of lowest-price technically-acceptable procurements at the Department of Defense. But although Congress has restricted when DOD might use LPTA criteria, the Department has not followed this mandate.

A recent GAO report highlights DOD’s struggle. As of September 2018, DOD has not yet revised its regulations to reflect certain statutory restrictions against LPTA awards and, as a result, DOD contracting officers believe they are not yet required to follow these new requirements.

Candidly, I’m not so sure. But in any event, GAO’s report issued a couple of recommendations to help DOD fully implement the restrictions against LPTA procurements.

Let’s take a look.

Under FAR Part 16 Task Order Solicitation, Agency Can Establish Competitive Range Without Notification

Posted on November 14, 2018 by Shane McCall

Under FAR Part 15 negotiated procurements, an agency must give notice and an opportunity to request a debriefing to offerors eliminated from the competitive range. But the notice requirement does not apply for task and delivery order procurements under FAR Part 16 where FAR Part 15 is inapplicable.

A recent GAO decision highlights this distinction.

Yes, Foreign-Owned Entities Can Be Small Businesses Under SBA Government Contracting Rules

Posted on November 13, 2018 by Steven Koprince

Government contractors often assume that a foreign-owned company cannot qualify as a small business under the SBA’s government contracting size rules.

Not so. As demonstrated by a recent SBA Office of Hearings and Appeals size appeal decision, a foreign-owned entity can qualify as a small business, provided that it has a physical location in the United States and contributes to the U.S. economy.

Section 809 Panel Achieves $1 Coin Clause Removal

Posted on November 12, 2018 by Shane McCall

If, like us, you spend your days reading through the FAR, you might suppose that there are opportunities to streamline the regulations. Congress agreed, at least for DOD acquisitions, and as part of the 2016 National Defense Authorization Act, created the Section 809 panel, an independent advisory panel on streamlining acquisition regulations. The panel is working to improve many aspects of acquisitions law, including, as we’ve written about, the definition of subcontract.

A recent, small (but helpful) recommendation was the elimination of a FAR clause involving the $1 coin.

SmallGovCon Week in Review: November 5-9, 2018

Posted on November 9, 2018 by SmallGovConContributor

This week, Lawrence got its first taste of cold and snow for the season. I have to say, it was not a welcomed arrival. Hopefully it’s warmer in your neck of the woods.

Let’s all warm our hearts with this week’s edition of SmallGovCon Week In Review. In today’s WIR, we’ll look at a joint VA/SBA partnership to benefit SDVOSBs, DoD’s effort to use its expanded “middle tier” contracting vehicles, and more government contractors behaving badly.

Have a great weekend!

SBA OHA: Contracting Officer Can’t Extend Size Appeal Deadline

Posted on November 7, 2018 by SmallGovConContributor

When you hear “15 days,” what’s the first thing that comes to mind? Perhaps, you pay your employees every 15 days. Maybe your birthday or favorite holiday happens to be in 15 days. Or if you’re like me, you might think that 15 days is two days fewer than Thirteen Days, a great movie about the Cuban Missile Crisis.

Whatever your brain conjures up, don’t forget this: 15 days is the time limit to appeal an SBA size determination. Period. And nothing the contracting officer says can change it.

SBA Proposes Big Changes to the HUBZone Program (Continued)

Posted on November 7, 2018 by SmallGovConContributor

Big changes could be coming to the HUBZone program. On October 31, the SBA published a proposed rule that, if adopted, would bring clarity to the HUBZone regulations. Yesterday, we posted about proposed changes to the HUBZone certification, compliance, and protest processes.

In this post, we wanted to bring you up to speed on some of the more substantive revisions to the way HUBZone employees are defined and counted under the proposed rule.