5 Things You Should Know: SBA’s Definition of Manufacturer

Posted on May 3, 2018 by SmallGovConContributor

SBA’s regulations say that in order to qualify as a small business under a set-aside or sole-source contract seeking manufactured products or supply items, an offeror ordinarily must either be the manufacturer of the end item or qualify under the nonmanufacturer rule.

This post will discuss five things your small business should know about qualifying as a manufacturer under the SBA’s rules; in a future post, we’ll walk through the nonmanufacturer rule.

Let’s get to it: here are 5 Things You Should Know about the SBA’s definition of manufacturer.

GAO Releases Updated Bid Protest Guide

Posted on May 2, 2018 by Steven Koprince

Coinciding with the May 1, 2018 requirement that GAO bid protests be filed using the new Electronic Protest Docketing System, the GAO has released an updated version of its “Descriptive Guide” to the GAO bid protest process.

This Guide–the tenth edition published by GAO–is packed with useful information and tips about using EPDS and about the protest process in general.

A few EPDS-specific highlights follow.

SBA Rejects Major Changes in Size Standard Methodology

Posted on April 30, 2018 by Steven Koprince

The SBA has rejected several recommendations for major changes in how the SBA calculates small business size status.

In commentary published in the Federal Register last week, the SBA rejected (among other things) recommendations that it use average employee count to evaluate the sizes of construction firms and that other firms’ sizes be measured by profits or net worth instead of average annual receipts.

SmallGovCon Week in Review: April 23 – 27, 2018

Posted on April 27, 2018 by Steven Koprince

It’s going to be a beautiful weekend here in Lawrence, with temperatures in the 70s and lots of sun. I’m looking forward to some time outdoors finally enjoying the spring. But before I hit the exit at the office, it’s time for our weekly dose of government contracts news and notes.

In this week’s edition of the SmallGovCon Week in Review, a well-known large federal contractor is accused of underpaying its employees, a commentator asks whether RFIs are one big waste of time, the Secretary of Defense says criminal charges are likely as part of a major contracting investigation, and much more.

GAO: Task Order Outside Scope of Underlying IDIQ Not Allowed

Posted on April 26, 2018 by Shane McCall

As agencies look for ways to streamline acquisitions, task and delivery order procurements are becoming increasingly popular. But an agency doesn’t have unfettered discretion to award work under a multiple-award contract; each task or delivery order must be within the scope of the awarded IDIQ.

A recent GAO opinion considers what happens when an agency issues task orders that are outside the scope of the underlying multiple-award contract.

GAO Clarifies Competition Standards for Simplified Acquisitions

Posted on April 24, 2018 by Nicole Pottroff

A recent GAO decision has shed light on the question of what an agency must do to adequately promote competition during a simplified acquisition.

There is still no bright line for determining which agency actions meet this threshold. However, the recent decision in Bluehorse Corp., B-415641 et al. (Feb. 6, 2018), established that merely inquiring about a solicitation, without taking further action as recommended by the procuring agency, is not enough to force an agency to include a company in a limited competition.

SmallGovCon Weeks in Review: April 9 – 20, 2018

Posted on April 20, 2018 by Steven Koprince

I was enjoying a day off last Friday, so we have a lot of catching up to do on government contracting news and notes. It’s time for a special two-week super-sized edition of the SmallGovCon Week in Review.

In this edition, the GAO looks at NASA’s investigations of contractor whistleblowing complaints, the SBA announces nine new Women’s Business Centers, the Coast Guard sinks $60 million into an electronic health record system procurement with nothing to show for it, 70,000 contractors must provide notarized letters in the wake of a “SAM scam” and much more.