Bottom-Line Price, Not Line-Item Price, Is Key for Price Reasonableness

When I went out for pizza with my family the other night, the only number that mattered to me when I got the check was the bottom-line price. It didn’t matter to me what the price for each pizza or each lemonade was, as long as the total price was within my budget.

For an agency evaluating a proposal for reasonableness in a fixed-price setting, the same holds true: it is the bottom-line price that matters, not the individual items that add up to the bottom-line price. The GAO recently had the opportunity to review this concept in a bid protest decision.

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SmallGovCon Week In Review: September 5-8, 2017

Football season is back, and the Chiefs certainly gave those in our neck of the woods something to cheer for last night. I wish I could say I felt sorry for our SmallGovCon Patriots fans, but those five Super Bowl Rings ought to take the sting out of an opening-week loss.

I’ll be watching my share of football on Sunday, but before the weekend starts, it’s time for the SmallGovCon Week In Review.  In this edition, two Arkansas men are headed to trial on procurement fraud charges, GSA awarded a $700 billion contract, a company vying for a piece of the border wall contract was previously investigated for alleged mentor-protege improprieties, and much more.

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VA Withdraws Proposed SDVOSB Regulatory Overhaul

The VA has officially withdrawn its November 2015 proposal to overhaul its SDVOSB and VOSB regulations.

The VA’s action isn’t surprising, given that the 2017 National Defense Authorization Act requires the VA to work with the SBA to prepare a consolidated set of SDVOSB regulations, which will then apply to both VA and non-VA procurements.  What’s interesting, though, is that the VA doesn’t say that it’s withdrawing the 2015 proposal because of the 2017 NDAA, but rather because of numerous objections to the proposal–including objections from the SBA.

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SDVOSB vs. AbilityOne: Major Court Ruling Stayed Pending Appeal

In May 2017, SDVOSBs and VOSBs lodged another big win in their battle to enforce the statutory preferences for veteran-owned companies: the Court of Federal Claims held that the VA cannot buy products or services using the AbilityOne list without first applying the “rule of two” and determining whether qualified SDVOSBs or VOSBs are likely to bid.

But the AbilityOne vendor in question isn’t going down without a fight.  It’s taking the case to the United States Court of Appeals for the Federal Circuit–and the Court of Federal Claims just issued a ruling staying its May decision pending the results of the appeal.

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Thank You, Indian Country!

I am back from a great trip to Sooner Country (Norman, Oklahoma), where it was an honor to be part of the annual Indian Country Business Summit.  I gave two talks at ICBS: one on recent developments in government contracting, and another on crafting effective and compliant teaming agreements and subcontracts.

It was great to see so many familiar faces, including my longtime friend Guy Timberlake, who gave a fantastic presentation on competitive market intelligence.  A big thank you to the Tribal Government Institute and Oklahoma Bid Assistance Network for sponsoring this wonderful event, and Victoria Armstrong and everyone who worked with her to organize it.  And, of course, thank you to all of the clients, old friends, and new faces I met and spoke with at the conference.

I’ve been a road warrior recently, but will be sticking around town for the next few weeks.  Next up on my travel schedule: a half-day, in-depth session on teaming agreements, joint venturing, and mentor-protege programs, sponsored by the Nebraska PTAC.  Hope to see you in Omaha on September 22!

SmallGovCon Week In Review: August 28-September 1, 2017

I have just returned from Indian Country Business Summit in Norman, Oklahoma, where I enjoyed catching up some old friends and making some new ones.  This conference continues to grow every year–if you haven’t been yet, get it on your calendar for next year.  You won’t regret it.

Of course, like all of us, my thoughts this week have been with the citizens of Houston and elsewhere in Texas as they battle the horrible effects of Harvey. While Harvey dominated the news this week, there was still plenty happening in the world of government contracts.  This edition of SmallGovCon Week In Review brings articles on the end-of-the-year rush to nab contracting dollars, pending legislation to encourage agencies to “Buy American,” a look at the top 10 acquisition trends of FY 2017 and more.

Enjoy the Labor Day weekend and stay safe, Houston.

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