GAO: Bid Was Responsive Despite Missing Information Regarding Buy American Act Exception

Posted on October 16, 2018 by SmallGovConContributor

The Buy American Act generally requires construction contractors to use domestically-made materials, unless an exception applies. One important exception allows contractors to use foreign-produced materials when the cost of domestic material is six percent more expensive. To qualify under this exception, however, a contractor must provide certain information outlined by the FAR with its bid.

But what if a contractor doesn’t provide every piece of required information? Is its proposal automatically doomed as non-responsive? Not necessarily. A recent case shows that offerors may have some wiggle-room.

SmallGovCon Week in Review: October 8-12, 2018

Posted on October 12, 2018 by Steven Koprince

As the workweek comes to a close, our thoughts are with everyone who has been affected by Hurricane Michael.

In government contracts news, there was plenty happening this week. In the latest SmallGovCon Week in Review, three people have been indicted on charges relating to procurement fraud, a new study creates a “sweetheart index” to analyze whether political donations affect government contract awards, IBM is the second company to file a pre-award protest against the Pentagon’s cloud contract, and much more.

Have a great weekend!

Thank You, Live Oak Bank & GMU!

Posted on October 12, 2018 by Steven Koprince

I am back in Kansas after a whirlwind trip to Washington, DC where I was part of a fantastic governing contracting event sponsored by Live Oak Bank and George Mason University. My panel focused on the legal and practical issues that companies face when they grow out of their small business size standards–an important topic that doesn’t get nearly as much attention as it should.

Many thanks to Jackie Robinson-Burnette, Erin Andrew, Tess Mackey, Jerry McGinn and everyone else who planned and coordinated this event. Thanks also to my fellow panelists, Gloria Larkin and Rosetta Rodwell–and to everyone who asked questions and stuck around afterwards to chat–for a great discussion about government contracts. And a big thank you to the chefs at Ray’s the Steaks, where I had dinner for the first time in about six years. Tasty as ever!

Next on my travel agenda: New Orleans, where I’ll be attending the 2018 National Veterans Small Business Engagement and SAME Small Business Conference. Hope to see you there!

ASBCA: Claim Must Include Request for “Final Decision”

Posted on October 8, 2018 by Shane McCall

As readers of this blog might know, the government contracts claims process is set by statute and includes a number of requirements, such as being certified if the dollar amount is over $100,000.

But a possibly lesser-known requirement is that, in order to be valid, a claim must request that the contracting officer issue a “final decision” on the claim. In a recent decision, the Armed Services Board of Contract Appeals opined on this requirement.

Get Your Novation Before Filing a Bid Protest with GAO

Posted on October 8, 2018 by SmallGovConContributor

Only an “interested party” can bring a GAO bid protest. This generally means that a protester must be “an actual or prospective bidder or offeror” with a “direct economic interest” in the contract’s award.

You might ask: is there such a thing as an offeror without a direct economic interest in the outcome of the contract award? It can happen–and a novation may be relevant. In a recent case, GAO held that a pending novation meant that the protester didn’t meet the standard necessary to file a protest.

SmallGovCon Week in Review: October 1-5, 2018

Posted on October 5, 2018 by SmallGovConContributor

It promises to be a beautiful (albeit rainy) fall weekend here in Lawrence. We hope that your weekend is shaping up nicely, too.

In this week’s edition of SmallGovCon Week In Review, an update on the National Cybersecurity Strategy, key mistakes small business contractors should avoid, tips on how to get IT contracts, and much more.

Have a great weekend!

Federal Judge Suggests Congressional “Kill Switch” For Kingdomware SDVOSB Preferences

Posted on October 4, 2018 by Steven Koprince

In a strongly-worded opinion, a federal judge decried a “labyrinth of legal and regulatory hoops and hurdles” imposed on the VA as a result of the famous Kingdomware Supreme Court decision–and suggested that Congress could exercise a “kill switch” to curtail or even eliminate the SDVOSB and VOSB contracting preferences the Supreme Court unanimously affirmed.

While I have no reason to suspect that Kingdomware is in any danger of being overturned or curtailed by Congress, its certainly not great news for SDVOSBs and VOSBs that a federal judge seems to be pushing for that very thing.