Hack Response: Notarized Letters Now Required for SAM.gov

Posted on April 10, 2018 by SmallGovConContributor

Because of a recent cyber attack on the System for Award Management, the Federal Service Desk is requiring new contractors to submit a signed notarized letter in order to be registered. Later this month, existing registrants seeking to update or renew profiles will have to do the same.

This move comes after the General Services Administration acknowledged on March 22 that the inspector general is looking into a hack of the SAM.gov database, in which the hackers changed the banking information for “a limited number” of contractors.

“Using” an Affiliate’s Past Performance: GAO Explains the Test

Posted on April 6, 2018 by Shane McCall

Contrary to a common misconception, an offeror is not automatically entitled to “use” the past performance of parent companies, sister companies or other corporate affiliates. So when can an offeror rely on the past performance of an affiliate in submitting a proposal?

A recent GAO opinion sheds some light on that question. Not meeting the GAO’s guidelines for describing the detailed involvement of the affiliate can have a harsh result—a sustained protest if award was made based on the affiliate’s past performance.

SmallGovCon Week in Review: April 2 – 6, 2018

Posted on April 6, 2018 by Steven Koprince

Winter refuses to end here in Lawrence, Kansas as snow is in the forecast tonight. But before we settle in for a cold weekend, it’s time for the SmallGovCon Week in Review.

In this week’s edition, how the DoD will collect data to help reduce time for awards, two construction companies have agreed to pay $1.2 million to resolve whistleblower claims related to set-aside contracts, the GSA and OMB move forward with the e-commerce initiative established in the 2018 NDAA and much more.

DoD Immediately Implements Portion of Enhanced Debriefing Requirements

Posted on April 5, 2018 by Steven Koprince

The DoD has issued a class deviation to immediately implement part of the the enhanced debriefing requirements mandated by the 2018 National Defense Authorization Act.

In a class deviation issued on March 22, 2018, the DoD says that, effective immediately, contracting officers must comply with new requirements allowing unsuccessful offerors to submit questions–and postponing the ticking of the “protest clock” until after answers are received. But the class deviation doesn’t fully implement the 2018 NDAA’s enhanced debriefing requirements; the portion of the statute calling for the disclosure of redacted source selection information is not addressed.

GAO Final Rule: EPDS Filing System Will Be Live May 1

Posted on April 3, 2018 by SmallGovConContributor

We’ve been following GAO’s plan to implement its Electronic Protest Docketing System (“EPDS”) with great interest. In fact, we’ve had the opportunity to test-drive the new system (tl/dr: it’s a very user-friendly system, but there are a couple of minor improvements that would make it even better).

Just yesterday, GAO released a final rule implementing EPDS. Here are the most important takeaways.

SBA CVE Protests and Appeals: Coming October 1

Posted on April 2, 2018 by Steven Koprince

The SBA will begin hearing protests and appeals related to inclusion in the VA’s SDVOSB/VOSB CVE database on October 1, 2018.

On March 30, the SBA published a final rule, which responded to public comments made on the proposed rule issued last year. SBA’s Office of Hearings and Appeals will begin deciding these cases in the fall.

SmallGovCon Week in Review: March 26 – 30, 2018

Posted on March 30, 2018 by Steven Koprince

It’s moving day at Koprince Law LLC. We are in the midst of moving into our new digs at 901 Kentucky Street, Suite 301 here in Lawrence. Our new office has a lot more space to support our growing firm, and is just a two-block walk to Chipotle. I call that a win-win.

While we get the new space ready for Monday morning, it’s time for the SmallGovCon Week in Review. In this week’s edition, the GSA’s Inspector General is investigating fraudulent activity on SAM, Bloomberg Government expects the number of mergers and acquisitions in the federal contracting market to decrease in 2018, a mother and daughter plead guilty to bribing employees of the Picatinny Arsenal military base for 12 years with luxury items valued at $250,000, and much more.