Senate 2018 NDAA Re-Introduces Flawed GAO Bid Protest “Reforms”

Last year, during consideration of the 2017 National Defense Authorization Act, the Senate proposed to “reform” the GAO bid protest process by forcing some unsuccessful protesters to pay the government’s costs, and (more controversially) by denying incumbent protesters profits on bridge contracts and extensions.

Congress ultimately chose not to implement these measures.  Instead, Congress called for an independent report on the effect of bid protests at DoD–a wise move, considering that major reforms to the protest process shouldn’t be undertaken without first seeing whether hard data shows that protests are harming the procurement process.

But now, six months before that report is due, the Senate has re-introduced its flawed bid protest proposals as part of the 2018 NDAA.

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GovCon Voices: Getting Your Joint Venture Ready In Time For The Next Big Opportunity

Joint ventures can be extremely powerful in helping small businesses capture larger government contracts. Yet, few small businesses know how they work, and even fewer understand the critical timeline and milestones required to have everything in place in time to capture those large opportunities.

In this article, we will discuss why understanding the timeline is so important if you want to leverage your JV for a big win.

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Government Tenant Liable For Damaging Leased Space

A government agency was liable for damaging leased space, even though the lease didn’t contain an explicit clause requiring the government to repair the space.

In a recent decision, the Civilian Board of Contract Appeals held that the VA was required to compensate the landlord for damage to the space, because every lease–including those entered by government tenants–contains an implied provision requiring the tenant not to damage the leased space, except for ordinary wear and tear.

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SmallGovCon Week In Review: July 17-21, 2017

Greetings from Fargo, North Dakota where I will present a luncheon seminar today on recent developments in government contracting. The seminar is sponsored by the SBA, North Dakota PTAC, and National Contract Management Association, and should be a great event.  It’s wonderful being back in the state where I grew up.  Even though I no longer have family here, I’m looking forward to catching up with an old friend (since elementary school!) this evening.

While I enjoy a trip down memory lane, it’s time for the SmallGovCon Week in Review.  This week’s stories include a major change in NASA’s SEWP contract, proposed government contracting changes in the House’s version of the 2018 NDAA, Elon Musk offers his two cents on how to improve contracting, a former contractor pleads guilty to accepting kickbacks, and much more.

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Recent SBA OIG Report Reveals Continuing Concerns With 8(a) Approvals

To be eligible to participate in the 8(a) Business Development Program, an applicant firm must be a small business that is at least 51% owned and controlled by a socially- and economically-disadvantaged individual (or individuals) who are of good character and citizen(s) of the United States. The firm, moreover, must show a potential for success.

The Small Business Administration’s internal watchdog (the Office of Inspector General, or OIG) recently raised its continuing concerns regarding the admission of several entities to the 8(a) Program. The OIG’s report is worth reading, as it may lead to changes in the 8(a) Program’s eligibility criteria.

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GAO: Exception To Protest Timeliness Rules Didn’t Apply To NASA SBIR Competition

This story is about a glider, a balloon, the planet Venus, and Titan, the largest moon of Saturn. This subject matter is the fabric of the universe, but the lesson it teaches is as mundane as linen sheets.

A NASA Small Business Innovation Research offeror cannot always wait for a debriefing to file a GAO bid protest, because if it does, it may run the risk of the protest grounds being untimely.

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