2018 NDAA Increases Civilian Micro-Purchase Threshold to $10,000

Posted on January 2, 2018 by SmallGovConContributor

The 2018 National Defense Authorization Act (NDAA) has generated lots of headlines regarding the so-called “Amazon amendment” and the Act’s prohibition on the Russian IT company Kaspersky Labs products. But gone under reported is a huge change to how the government makes small purchases.

The 2018 NDAA, signed by President Donald Trump on December 12, increases the standard micro-purchase threshold applicable to civilian agencies from $3,000 to $10,000. Last year, the NDAA increased the Department of Defense (DoD) micro-purchase threshold to $5,000. This larger jump for civilian agencies is likely to have large impact on government purchasing.

Court Upholds “Draconian and Perverse” SBA SDVOSB Ownership Rules

Posted on January 2, 2018 by Steven Koprince

The SBA’s strict SDVOSB ownership rules can produce “draconian and perverse” results, but are nonetheless legal, according to a federal judge.

In a recent decision, the U.S. Court of Federal Claims condemned the SBA’s SDVOSB unconditional ownership requirements, while holding that the SBA was within its legal rights to impose those requirements on the company in question.

The Court’s decision emphasizes the important differences between the SBA and VA SDVOSB programs, because the Court held that although the company in question didn’t qualify as an SDVOSB under the SBA’s strict rules, it was eligible for VA SDVOSB verification under the VA’s separate eligibility rules.

GAO Says “No” to Air Force Buying Employees Sporks

Posted on December 27, 2017 by SmallGovConContributor

The U.S. Air Force cannot buy sporks, at least not in many situations.

One would think that the recently passed $700 billion defense bill would provide a little wiggle room for the military to buy paper plates and utensils for its civilian contractors, but, according to the GAO, that is not necessarily the case.

SmallGovCon Week In Review: December 18-22, 2017

Posted on December 22, 2017 by Steven Koprince

It’s hard to believe it, but Monday is Christmas. Hopefully you will be able to enjoy some time with family and friends this weekend and maybe even get that special gift you’ve been hoping for under your tree. Before we head off into the holiday weekend, we wouldn’t think of leaving you without the SmallGovCon Week In Review.

In this edition, two defense contractors will fork over $1.4 million (and spend some time in the pokey) as a result of a procurement fraud scheme, the GAO releases a study on DoD contracts awarded to minority-owned and women-owned businesses, a contractor will pay a whopping $63.7 million to settle False Claims Act allegations, and more.

SmallGovCon Week in Review will be off next week, but we’ll be back with more government contracts news and notes in 2018. Happy holidays!

Nonprofits Not Exempt From Affiliation Rules, Says SBA OHA

Posted on December 21, 2017 by Shane McCall

A recent SBA Office of Hearings and Appeals decision confirms that there is no exception for nonprofit organizations when it comes to affiliation issues.

In the case, SBA OHA found affiliation between a self-certified small business and a nonprofit organization based on close family members controlling both the business concern and the nonprofit. Adding in the receipts from the affiliated nonprofit made the business in question ineligible for small business status.

GAO Can’t Resolve SDVOSB Eligibility Protests

Posted on December 20, 2017 by Steven Koprince

The GAO lacks jurisdiction to determine whether an offeror is a service-disabled veteran-owned small business.

In a recent bid protest decision, the GAO rejected the protester’s creative attempt to convince the GAO to take jurisdiction, and confirmed that, for non-VA acquisitions, the SBA has sole authority to determine whether an offeror is an SDVOSB.

GAO Confirms: DoD Task Order Protest Threshold Is $25 Million

Posted on December 19, 2017 by Steven Koprince

The GAO ordinarily lacks jurisdiction to consider a protest of a task or delivery order under a DoD multiple-award contract unless the value of the order exceeds $25 million.

In a recent bid protest decision, the DoD confirmed that the 2017 National Defense Authorization Act upped the jurisdictional threshold for DoD task orders from $10 million to $25 million.