DoD Bid Protests Are “Exceedingly Uncommon,” New Study Finds

Posted on January 5, 2018 by Steven Koprince

Only a very small percentage of DoD contracts–0.3 percent, to be precise–are protested, according to a comprehensive and fascinating new report on bid protests issued by the RAND Corporation.

The detailed report, which was prepared at the behest of Congress, concludes that DoD bid protests are “exceedingly uncommon,” and typically aren’t frivolous. RAND’s analysts urge policymakers to carefully consider the data when evaluating whether reforms to the bid protest process are necessary–and to “avoid drawing overall conclusions or assumptions about trends from one case when it comes to the efficacy of the bid protest system.”

Amen to that.

SmallGovCon Weeks In Review: December 26, 2017 – January 5, 2018

Posted on January 5, 2018 by Steven Koprince

Happy New Year! For those currently being impacted by the “bomb cyclone” I hope you are safe and warm and that there is sunshine in your near future. While we haven’t had much snow here in Kansas, we have seen some below-zero temperatures. I’m staying warm and cozy in the office with a “venti” cup of hot coffee, my Koprince Law LLC fleece and the new RAND Corporation report on bid protests (more on that report later today!)

It’s Friday, which means that it’s time for the SmallGovCon Week In Review. This week, we take a look at why a government shutdown could be bad for WOSBs, tips for contractors attempting to comply with the DoD’s new cybersecurity mandates, the RAND Corporation releases that major bid protest study, and much more.

2018 NDAA Bans Some LPTA Procurements

Posted on January 4, 2018 by SmallGovConContributor

In 2017, Congress placed limits on the utilization of Lowest-Price Technically-Acceptable procurement procedures in Department of Defense acquisitions.

The 2018 National Defense Authorization Act continues this trend by completely prohibiting the use of LPTA procedures for certain major defense acquisition programs.

“Deemed Withdrawal” of Agency-Level Protest Sinks Subsequent GAO Protest

Posted on January 3, 2018 by Shane McCall

Readers of this blog will know that the GAO interprets its protest timeliness rules quite strictly. A recent GAO case provides us with an opportunity to review a nuanced piece of those timeliness rules. Specifically, how withdrawal of an agency-level protest affects the deadline to file a GAO protest, and what counts as a withdrawal of an agency-level protest versus an “initial adverse agency action.”

In this case, the protester lost its GAO protest rights by trying to pursue its agency-level protest with an inspector general’s office rather than with the contracting officer.

VA CVE Unreasonably Decertified SDVOSB, Court Rules

Posted on January 3, 2018 by Steven Koprince

The VA Center for Verification and Evaluation unreasonably decertified an SDVOSB based on the results of an SBA SDVOSB decision.

According to the U.S. Court of Federal Claims, it was improper for the VA to remove the SDVOSB from the VA’s database without evaluating whether the SBA’s determination was consistent with the VA’s separate SDVOSB requirements.

2018 NDAA Increases Civilian Micro-Purchase Threshold to $10,000

Posted on January 2, 2018 by SmallGovConContributor

The 2018 National Defense Authorization Act (NDAA) has generated lots of headlines regarding the so-called “Amazon amendment” and the Act’s prohibition on the Russian IT company Kaspersky Labs products. But gone under reported is a huge change to how the government makes small purchases.

The 2018 NDAA, signed by President Donald Trump on December 12, increases the standard micro-purchase threshold applicable to civilian agencies from $3,000 to $10,000. Last year, the NDAA increased the Department of Defense (DoD) micro-purchase threshold to $5,000. This larger jump for civilian agencies is likely to have large impact on government purchasing.

Court Upholds “Draconian and Perverse” SBA SDVOSB Ownership Rules

Posted on January 2, 2018 by Steven Koprince

The SBA’s strict SDVOSB ownership rules can produce “draconian and perverse” results, but are nonetheless legal, according to a federal judge.

In a recent decision, the U.S. Court of Federal Claims condemned the SBA’s SDVOSB unconditional ownership requirements, while holding that the SBA was within its legal rights to impose those requirements on the company in question.

The Court’s decision emphasizes the important differences between the SBA and VA SDVOSB programs, because the Court held that although the company in question didn’t qualify as an SDVOSB under the SBA’s strict rules, it was eligible for VA SDVOSB verification under the VA’s separate eligibility rules.