As those familiar with government contracts are undoubtedly aware, ensuring a bid protest is timely filed with GAO is a paramount consideration. GAO takes a particularly dim view of protests not filed in accordance with its timeliness regulations, which can encourage parties to file a protest as quickly as possible. As GAO recently explained, however, in the context of extended debriefings, there is such a thing as filing too soon.
5 Things You Should Know: SBIR/STTR Programs
Beyond set-aside procurements, the government bolsters small businesses by encouraging their participation in federally-funded research. Two key programs exist: the Small Business Innovation Research (SBIR) Program and the Small Business Technology Transfer (STTR) Program. Ultimately, the government hopes that participating small businesses will commercialize technologies developed with federal research dollars. While the two programs are similar, a key feature distinguishes them: the STTR Program requires a small business to partner with a qualified research institution.
SBA has issued regulations and directives that govern these two programs. Here are five things you should know about the SBIR/STTR Programs.
When You Assume: Proposals Don’t Automatically Include “Industry Standards”
When preparing a proposal for a Government solicitation, ensuring that your product or service meets all of the requirements specified by the Government’s solicitation is essential. Simple enough, right?
Not necessarily. One of the most frequent pitfalls in proposal preparation is assuming the Government understands your products and industry as well as you do, which may not be the case. A recent GAO bid protest demonstrates that a “well-written proposal” sometimes must include information that a contractor might expect the Government evaluation team ought to know.
SmallGovCon Week in Review: October 15-19, 2018
In this week’s edition of SmallGovCon Week In Review, we’ll look at GSA’s new eBuy pilot program, insight into the SBA OIG’s 8(a) eligibility findings, new WHD-compliance tools from the U.S. Department of Labor, the impact of debriefings on bid protests, and much more.
Have a great weekend!
GAO: No Attorneys’ Fees When Arguing that Corrective Action is a Ruse
When pursuing a bid protest before the Government Accountability Office, it is never a good idea to presume that you’ll get your attorneys’ fees paid by the agency.
If you are fortunate enough to recover attorneys’ fees, GAO’s general standard is to recommend paying the fees associated with all the protest grounds being pursued, whether or not they were meritorious. But although this is the general posture, it is not always the case.
Federal Circuit Affirms SDVOSB Priority Over AbilityOne
Ever since the Supreme Court’s Kingdomware decision was handed down in 2016, an important question has remained: who has priority at the VA for items on the AbilityOne List?
Yesterday, the Federal Circuit Court of Appeals provided the answer. The VA is required to prioritize service-disabled veteran-owned or veteran-owned small businesses when the Rule of Two is met, even when it buys items on the AbilityOne List.
Small Business Set-Asides Not Required Under NETCENTS-2, Says GAO
The Air Force’s large NETCENTS-2 IDIQ vehicle did not require orders to be set-aside under the small business pool, except for orders valued between the micro-purchase threshold and simplified acquisition threshold.
In a recent decision, the GAO held that although the NETCENTS-2 contract in question says that Contracting Officers “should” perform a “rule of two” small business set-aside analysis for orders valued over the simplified acquisition threshold, it does not require that such an analysis be performed–meaning that Contracting Officers can validly award such orders to large businesses, even if two or more small business NETCENTS-2 holders exist.