SmallGovCon Week In Review: October 23-27, 2017

Posted on October 27, 2017 by Steven Koprince

After a 30-degree shift in temperatures here in Lawrence overnight, I think it is safe to say fall has officially arrived. The kids and I will be adding some extra layers while we go trick-or-treating on Tuesday evening.

Candy is on the agenda next week, but today’s treat is the latest SmallGovCon Week in Review. In this edition, the SBA will soon issue a proposed rule to implement a mandatory WOSB certification, a provision in the NDAA would shorten the GAO’s time frame for resolving DoD protests, a business owner will spend 20 months in prison for GSA Schedule fraud, and much more.

Government Contractor Cybersecurity: Q&A with the Director of the Kansas SBDC Cybersecurity Center

Posted on October 25, 2017 by SmallGovCon Contributor

Whether you are an active small business federal contractor, or an entrepreneur still getting your business off the ground, you are going to need a cybersecurity plan. Many DoD contractors, in particular, face a pending deadline to comply with NIST 800-171, as mandated by DFARS 252.204-7012.

The Kansas SBDC Cybersecurity Center for Small Business wants to help.

Protest of Proposed Corrective Action Premature, Says GAO

Posted on October 24, 2017 by SmallGovCon Contributor

When an agency takes corrective action in response to a bid protest, the agency voluntarily agrees to do something (such as re-evaluate proposals, re-open discussions, or even cancel a solicitation) to address the alleged problems identified in the protest. Corrective actions are quite common: in FY 2016, more than 23% of GAO bid protests resulted in corrective actions.

But what happens when a protester doesn’t like the scope of the agency’s proposed corrective action? As a recent GAO decision demonstrates, corrective actions can themselves be protested–but challenging an agency’s corrective action can be an uphill battle.

GAO: Agency’s Oral Advice Didn’t Amend Solicitation

Posted on October 24, 2017 by Steven Koprince

An agency’s oral advice, given at a pre-proposal conference, did not amend the solicitation or legally bind the agency.

In a recent bid protest decision, the GAO reiterated that offerors rely on oral advice from agencies at their own risk–particularly when the oral advice in question appears to contradict the plain language of the solicitation.

GAO: Agency Corrective Action After Eight Months Was Not “Unduly Delayed”

Posted on October 23, 2017 by SmallGovCon Contributor

In a GAO bid protest, recovering costs after an agency takes corrective action turns on whether or not the agency unduly delayed the corrective action.

A recent GAO case shows that, in certain circumstances, an agency may be able to fight a protester almost to the bitter end, then take corrective action without necessarily having crossed the “unduly delayed” line.

Unverified SDVOSB JV Partner Couldn’t Protest VA Set-Aside Solicitation

Posted on October 23, 2017 by Steven Koprince

A non-SDVOSB company couldn’t protest the terms of a VA SDVOSB set-aside solicitation, despite entering into a joint venture agreement with an SDVOSB–because the joint venture hadn’t started the process of becoming verified by the VA.

In a recent bid protest decision, GAO held that because neither the protester nor the joint venture was included in the VIP database, or likely to be included during the protest process, the protester wasn’t an “interested party” under the GAO’s bid protest regulations.

SmallGovCon Week In Review: October 16-20, 2017

Posted on October 20, 2017 by Steven Koprince

My Cubs couldn’t pull off the World Series repeat, losing badly to the Dodgers last night in the National League Championship Series. And you know what? I’m okay with it. We Cubs fans are a different breed: after 108 years, many of us thought we’d never see a title. So after the amazing championship last year, all of 2017 felt like playing with house money. Yankees fans might be grumbling that it’s been a whopping eight years since their last title, but Cubs fans like me will always have 2016.

Enough baseball–time to move on to what’s really important on your Friday, the SmallGovCon Week In Review! This week, we bring you articles ranging from government employees taking illegal gratuities, a sharp decrease in the number of successful small business contractors, investigators find major problems with many of the Census Bureau’s sole source contracts, and more.