Strict GAO Timeliness Rules Apply to Supplemental Protests

Posted on January 29, 2018 by Shane McCall

GAO interprets its bid protest timeliness rules very strictly, as readers of this blog will know. These timeliness rules typically pertain to the initial protest, but are equally important when a protester files a supplemental protest. Often, supplemental protests are filed after the protester receives the agency’s response and comes to learn new information that wasn’t previously available.

If a supplemental protest raises allegations independent of those set forth in the initial protest, the supplemental protest must independently satisfy GAO’s strict timeliness rules. A recent GAO decision shows how easy it can be to slip up on these deadlines when considering a supplemental protest.

GAO: Evaluation of Affiliate’s Past Performance is Optional

Posted on January 29, 2018 by Steven Koprince

In its past performance evaluation, an agency typically can consider the past performance of an offeror’s affiliate, so long as the offeror’s proposal demonstrates that the resources of the affiliate will affect contract performance.

But, as demonstrated in a recent GAO decision involving an Alaska Native Corporation subsidiary, ordinarily there is no requirement that an agency consider an affiliate’s past performance. In other words, unless the solicitation speaks to the issue, the agency’s consideration of an affiliate’s past performance is optional.

SmallGovCon Week In Review: January 22-26, 2018

Posted on January 26, 2018 by Steven Koprince

Next week, I’m off to Nashville for the National 8(a) 2018 Small Business Conference. If you plan to attend the conference, please swing by the Koprince Law LLC booth to say hello and check out copies of Government Contracts Joint Ventures, our recently-published handbook for contractors. Before I head off to Music City we are here to bring you this edition of SmallGovCon Week In Review.

This week, Washington Technology looks at the effect of the shutdown on contractors (and what may lie ahead if it happens again in February), Lockheed Martin agrees to a $4.4 million False Claims Act settlement, an Ohio woman faces penalties in an apparent SDVOSB “rent-a-vet” scheme, the city of Huntsville, Alabama kicks off a new HUBZone accelerator program, and much more.

NAICS Code Appeals: Infrequent, but Often Successful

Posted on January 25, 2018 by Shane McCall

Because the NAICS code governs the size standard used to determine whether a company qualifies as a small business, the choice of a NAICS code can dramatically affect the competitive landscape for a set-aside acquisition.

The only legal procedure for challenging the NAICS code assigned by the contracting officer is to appeal the assignment to the SBA’s Office of Hearings and Appeals. A NAICS code appeal can be an extraordinarily powerful tool for a business to challenge whether a contracting officer assigned the correct NAICS code in setting aside a procurement.

So how often are NAICS code appeals filed, and how often do these NAICS code appeals succeed? A recent GAO report has some answers.

Small Business GAO Bid Protests Are Less Successful, RAND Study Says

Posted on January 23, 2018 by Steven Koprince

GAO bid protests filed by small businesses are (statistically speaking) less likely to succeed than protests filed by large contractors, according to the RAND Corporation’s recent bid protest study.

The disparity isn’t the result of discrimination against small businesses, but rather a product of other factors: primarily, the motivation to protest, the understanding of the protest system, and access to legal counsel. RAND raises an important point, but offers no fair and easy solution. Perhaps, given that protests overall are “exceedingly uncommon,” a solution isn’t needed–but it’s wise to think about whether there are ways to help small businesses become better educated about bid protests.

2018 NDAA: Changes to the HUBZone Program

Posted on January 22, 2018 by Shane McCall

The HUBZone program has received its fair share of coverage on our blog, from recommended changes in the 35% employee-location requirement to SBA regulatory updates to the program. Well, the HUBZone program is once again undergoing some changes thanks to the 2018 National Defense Authorization Act–but note that some of these changes are not effective until January 1, 2020.

These changes include a requirement for an improved online mapping tool, a mandate that HUBZone verifications be processed in 60 days, and more. Here’s a look at some of the most significant HUBZone changes in the 2018 NDAA.

SmallGovCon Week In Review: January 15-19, 2018

Posted on January 19, 2018 by Steven Koprince

Will they or won’t they? That is the question looming today, which is the deadline to temporarily halt a partial shutdown of the government. While we keep our eyes on news from Washington, we have other noteworthy news and commentary in this edition of SmallGovCon Week In Review.

This week, we have stories about the implementation of the so-called “Amazon Amendment,” a new bill aims to improve transparency surrounding change orders, a large business pays $1.7 million to settle allegations of overcharges on a GSA Schedule contract, and more.