Federal Circuit Affirms Sole-Source Justification

Posted on February 13, 2018 by SmallGovConContributor

Not too many government contracting disputes make it to a federal court of appeals—the level just a step below the U.S. Supreme Court. The most notable recent examples would probably be the Federal Circuit’s decision in Kingdomware Technologies (which, as SmallGovCon readers know, was ultimately overturned by the Supreme Court in 2016) and the D.C. Circuit’s decision Rothe Development (which the Supreme Court declined to consider).

But recently, the Federal Circuit issued a decision of note to government contractors. In AgustaWestland North America v. United States, the Court issued guidance on what constitutes a “procurement decision” and upheld the Army’s decision to buy helicopters on a sole-source basis.

Let’s take a look.

SBA Size Appeals: Parent Cannot File for Subsidiary

Posted on February 13, 2018 by Steven Koprince

An SBA size appeal must be filed by someone “adversely affected by a size determination.” Because parent and subsidiary companies are not directly affected by contracts bid upon by their corporate affiliates, those entities cannot file SBA size appeals on behalf of one another.

In a recent size appeal decisions, OHA confirmed that a parent company cannot file a size appeal on behalf of a subsidiary.

SmallGovCon Week In Review: February 5-9, 2018

Posted on February 9, 2018 by Steven Koprince

It has been a cold week here in Lawrence, Kansas. I hope everyone is staying warm. It’s time to get some hot cocoa (or the Friday afternoon beverage of your choice) and enjoy the top government contracting news and notes for the week.

This week’s news includes the release of the major Section 809 Panel’s first acquisition reform report, a Maryland company pays the government more than half a million dollars to settle False Claims Act allegations relating to unallowable costs, HHS agency officials are heading on a cross-country tour to demystify selling to the government, the GAO says that the SBIR and STTR databases are riddled with errors, and much more.

FAR & DFARS Have 27 Distinct Definitions of “Subcontract”

Posted on February 8, 2018 by Steven Koprince

The FAR and DFARS have 27 distinct definitions of the term “subcontract,” according to an acquisition reform panel.

In its first report, the Section 809 Panel urges policymakers to adopt a consolidated definition of the term “subcontract,” as well as a common definition of “subcontractor,” a term that has 21 distinct definitions in the FAR and DFARS.

DoD Small Business Contracts Have Dropped 70% Since FY 2011, Acquisition Reform Panel Says

Posted on February 7, 2018 by Steven Koprince

The number of DoD small business contract actions has dropped almost 70 percent since Fiscal Year 2011, even as the total number of small business dollars increased significantly. This is one of the important new findings from an acquisition reform panel’s initial report.

The Advisory Panel on Streamlining and Codifying Acquisition Regulations–better known as the Section 809 Panel–recently released the first in an anticipated three-volume series of reports on ways to potentially reform and improve DoD acquisitions. The report, which clocks in at a whopping 642 pages, includes a detailed section on DoD small business acquisitions–and suggests that DoD’s focus on achieving dollar-based small business goals has obscured the fact that far fewer small businesses have been awarded DoD contracts in recent years.

GAO Reports on How Contracting Officers Select NAICS Codes

Posted on February 5, 2018 by SmallGovConContributor

A newly released Government Accountability Office report provides a rare peek behind the curtain of how contracting officers assign North American Industry Classification System codes.

Contracting officers are required by 13 C.F.R. § 121.402(b) to designate the NAICS code that “best describes” the work to be performed. It sounds simple enough, but the report reveals that it can be tricky.

5 Things You Should Know: HUBZone Program (The Basics)

Posted on February 5, 2018 by Nicole Pottroff

Editor’s Note: You can find our updated post on the HUBZone Basics here.

5 Things has previously discussed 8(a) Program basics and eligibility requirements. But the 8(a) Program isn’t the only socioeconomic program benefiting small businesses. In this post, we’ll begin exploring another crucial program for small businesses: the Historically Underutilized Business Zone—or HUBZone—program.

Here are five things you should know about the HUBZone program.