SmallGovCon Week in Review: December 12-16, 2016

Posted on December 16, 2016 by Steven Koprince

This winter’s first polar vortex is upon us, and although much of the country has been getting hit with snow, Kansas has managed to stay mostly snow free with temperatures centered around a balmy 30 degrees. As the vortex sweeps its way out, we are looking to get our first dose of really cold weather with lows in the teens this weekend. Weekends like this are perfect to spend time with family and daydream about being on a beach–or anyplace that does not require 10+ minutes of preparation just to leave the driveway.

While much of the nation prepares to dig itself out from a winter snowstorm, there is still plenty happening in the world of government contracts. In this week’s SmallGovCon Week In Review, the FAR Council issues a rule responding to a judge’s injunction of much of the Fair Pay and Safe Workplaces Executive Order, a Virginia contractor will cough up $1 million to settle bid rigging and kickback allegations, and much more.

GAO Bid Protest “Sustains” Jump Sharply In FY 2016

Posted on December 16, 2016 by Steven Koprince

The GAO sustained 22.56% of protests decided on the merits in Fiscal Year 2016–nearly double the 12% sustain rate reported in FY 2015.

According to the GAO’s FY 2016 Bid Protest Annual Report, the GAO sustained 139 of the 616 protests decided on the merits (that is, cases where GAO actually reached a “sustain” or “deny” decision). The overall effectiveness rate for protesters–a combination of “sustain” decisions, plus the many cases in which agencies took corrective action in response to protests–was 46%, a slight increase over the prior fiscal year.

Offeror With “Relatively Weak Proposal” Can File Size Protest, Says SBA OHA

Posted on December 15, 2016 by Steven Koprince

An offeror with a “relatively weak proposal” can nonetheless file a size protest challenging the small business eligibility of the prospective awardee, provided that the protester was not found technically unacceptable or otherwise incapable of being selected for award.

In a recent size appeal decision, the SBA Office of Hearings and Appeals held that the mere fact that the protester was evaluated as “less than satisfactory” on four out of five non-price factors did not justify dismissing the protester’s size protest for lack of standing.

2017 NDAA Restores GAO’s Task Order Jurisdiction – But Ups DoD Threshold

Posted on December 14, 2016 by SmallGov Contributor

The 2017 National Defense Authorization Act restores the GAO’s recently-expired jurisdiction to hear protests of civilian task and delivery orders valued in excess of $10 million.

The 2017 NDAA also continues to allow the GAO to hear protests of DoD task and delivery orders–but raises the jurisdictional threshold to $25 million.

2017 NDAA Requires Report On Bid Protest Impact At DoD

Posted on December 14, 2016 by SmallGovCon Contributor

We’ve been covering many of the important changes to federal contracting promised as a result of the 2017 National Defense Authorization Act. But among the most consequential might be a provision that requires DoD to compile a report that analyzes the impacts of the current bid protest system on DoD acquistions. This report could ultimately form the basis for potential significant changes to the protest system in future years.

2017 NDAA Requires GAO Report On DoD Minority And WOSB Contract Awards

Posted on December 13, 2016 by SmallGov Contributor

The 2017 National Defense Authorization Act will require the GAO to issue a report about the number and types of contracts the Department of Defense awarded to minority-owned and women-owned businesses during fiscal years 2010 to 2015.

If the 2017 NDAA is signed into law, the GAO would be required to submit its report within one year of the statute’s enactment.

2017 NDAA Strengthens Subcontracting Plan Enforcement

Posted on December 13, 2016 by SmallGovCon Contributor

The 2017 National Defense Authorization Act, if signed into law, includes a few changes designed to help small business subcontractors. Among those changes, the bill, which has recently been approved by both the House and Senate, includes language designed to help ensure that large prime contractors comply with the Small Business Act’s “good faith” requirement to meet their small business subcontracting goals.