GAO: Agency Corrective Action After Eight Months Was Not “Unduly Delayed”

In a GAO bid protest, recovering costs after an agency takes corrective action turns on whether or not the agency unduly delayed the corrective action.

A recent GAO case shows that, in certain circumstances, an agency may be able to fight a protester almost to the bitter end, then take corrective action without necessarily having crossed the “unduly delayed” line.

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Unverified SDVOSB JV Partner Couldn’t Protest VA Set-Aside Solicitation

A non-SDVOSB company couldn’t protest the terms of a VA SDVOSB set-aside solicitation, despite entering into a joint venture agreement with an SDVOSB–because the joint venture hadn’t started the process of becoming verified by the VA.

In a recent bid protest decision, GAO held that because neither the protester nor the joint venture was included in the VIP database, or likely to be included during the protest process, the protester wasn’t an “interested party” under the GAO’s bid protest regulations.

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SmallGovCon Week In Review: October 16-20, 2017

My Cubs couldn’t pull off the World Series repeat, losing badly to the Dodgers last night in the National League Championship Series.  And you know what?  I’m okay with it.  We Cubs fans are a different breed: after 108 years, many of us  thought we’d never see a title.  So after the amazing championship last year, all of 2017 felt like playing with house money.  Yankees fans might be grumbling that it’s been a whopping eight years since their last title, but Cubs fans like me will always have 2016.

Enough baseball–time to move on to what’s really important on your Friday, the SmallGovCon Week In Review!  This week, we bring you articles ranging from government employees taking illegal gratuities, a sharp decrease in the number of successful small business contractors, investigators find major problems with many of the Census Bureau’s sole source contracts, and more.

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WOSB Program: Company Ineligible Because Husband Managed Business

A self-certified woman-owned small business was ineligible for a WOSB set-aside contract because the woman owner’s husband held the company’s highest officer position and appeared to manage its day-to-day operations.

A recent SBA Office of Hearings and Appeals decision highlights the importance of ensuring that a woman be responsible for managing the day-to-day business of a WOSB–and that the woman’s role be reflected both in the corporate paperwork and in practice.

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5 Things You Should Know: SBA’s 8(a) Business Development Program (The Basics)

Editor’s Note: You can find our updated post on the 8(a) Business Development Program here.

If you’re a small business owner interested in government contracts, you’ve probably heard about the SBA’s 8(a) Business Development Program. The 8(a) Program itself is complex, but its potential benefits are tremendous. In this post, I’ll break down some of the very basics about the 8(a) Program, leaving some of its complexities for upcoming posts.

Let’s get to it: here are five things you should know about the 8(a) Program.

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NHO Prime Gets “Experience” Weakness Despite Experienced Affiliate

An agency was allowed to assign a Native Hawaiian-owned prime contractor a weakness for its experience because the NHO prime lacked relevant experience–even though the prime’s proposal indicated that it would rely in part on the resources of an experienced NHO sister company.

A recent GAO bid decision demonstrates that while a procuring agency is entitled to consider the experience and past performance of a prime contractor’s affiliates under certain circumstances, the agency is not precluded from considering the prime’s own experience (or lack thereof).

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