GAO: Subcontracting Plan Required by Solicitation Must be in Proposal

It’s a basic tenet of government contracting that a contractor must comply with the requirements of an agency solicitation. Those are the rules of the game. But in practice, there can be some tricky calls. For instance, what if a solicitation includes a requirement that appears to conflict with the FAR? Does an offeror still have to comply?

A recent GAO decision explored this situation in the context of a solicitation’s requirement for subcontracting plans.

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Populated or Unpopulated? Ambiguous JV Agreement Sinks 8(a) Award

An 8(a) joint venture agreement was ambiguous about whether the joint venturers intended to create a populated joint venture (which is no longer allowed) or an unpopulated joint venture–and the ambiguity cost the joint venture an 8(a) set-aside contract.

In a recent decision, the U.S. Court of Federal Claims upheld the SBA’s decision to reject a joint venture agreement that was ambiguous about whether the joint venture was populated or unpopulated.

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SmallGovCon Week in Review: May 28 – June 1, 2018

This week, I had the great opportunity to join Guy Timberlake in Minneapolis to discuss the impacts of the 2018 NDAA on small businesses. It was a wonderful event (made all the better by the fabulous participants and presenters).

Minneapolis was fun, but it’s nice to be home. Hopefully you’re gearing up for a lovely weekend (perhaps with a little bit of pool time reserved). Before you punch out completely, let’s check out the latest in the world of government contracting. In this week’s edition of the SmallGovCon Week in Review, we take a look at Washington Technology’s new podcast focused on the future of government contracting, a lawsuit in which a contractor allegedly falsely overcharged the U.S. Navy for ship husbanding services, and more.

Enjoy, and we’ll see you back here next week!

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Let’s Replace SBA Small Business Goaling Grades with Participation Trophies

For Fiscal Year 2017, SBA’s small business goaling scorecard awarded 21 agencies grades of “A+” or “A” for their small business contracting and subcontracting.  Two agencies received a “B” and a single, lonely agency brought up the rear with a “C.”  Not one agency received a grade below “C,” even agencies that missed most of their small business goals.

It was a “record breaking” performance, to hear SBA tell it.  But these inflated grades do a disservice to the public and government alike.  So long as almost everyone is going to get a top grade anyway, I say we just replace next year’s SBA goaling grades with agency participation trophies.

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Thank You, DOE Small Businesses!

I am back in Lawrence after a great trip to Houston, where I spoke at the DOE 17th Annual Small  Business Forum & Expo.  My breakout session on the Top 10 Legal Issues for Small Contractors covered a range of topics from enhanced debriefings to joint ventures.

A big thank you to Earl Morgan, Anita Anderson, and all the other organizers of this outstanding event.  And thank you, also, to everyone who attended my session and stuck around afterward to ask questions.

I’ll be in Wichita on June 5 to present a much longer version (a half-day!) of the Top 10 Legal Issues seminar.  To register, visit the Kansas PTAC website.  I hope to see you there!

Small Business Participation Declines, But SBA Still Gives Government High Marks

It’s that time of year again. School’s ending for the summer and kids are coming home (some sheepishly) with their report cards. And with the close of Fiscal Year 2017, the federal government has also been given its report card.

Like last year, the FY 2017 report card reveals a mixed bag. Though the SBA gave the federal government another “A,” the bottom-line numbers reveal a troubling trend for small business government contractors.

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