GAO Sustain: Offeror’s Failure to Follow Solicitation’s Document Preparation Instructions was Unstated Evaluation Criteria

A recent GAO decision considered whether an agency could reject an offeror’s proposal based on the offeror’s failure to follow document preparation instructions that were not explicitly stated in the solicitation.

In Hometown Veterans Medical, LLC B-422751 (Oct. 11, 2024), the Department of Veterans Affairs (“VA”) issued a request for proposals (“RFP”) from service-disabled veteran-owned small businesses for home oxygen services for patients at the VA’s Birmingham Veterans Medical Center. The RFP stated that offerors would be evaluated on experience and price.

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SmallGovCon Week in Review: October 21-25, 2024

Happy Friday! I just got back from presenting at the 35th Judicial Conference for the United States Court of Federal Claims. It was a great experience and I got to learn from some very smart folks. But the wheel of federal contracting keeps turning, and this week was no different. Important stories included updates from a recent OIG SBA report, a bill to modernize federal cloud procurement, and the Army seeks to cut contract award times to six months. Have a great weekend.

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OHA: Show me the Management, or Fail SDVOSB Certification

A recent OHA decision reminds us that it’s important to show and tell the SBA how a company seeking certification is meeting the SBA’s requirements for control of a socioeconomic company. Like many of these decisions involving SBA’s programs, it comes out of the Service-Disabled Veteran-Owned Small Business (SDVOSB) VetCert program. That’s because the SDVOSB program allows appeals of denials of certifications. The other programs don’t allow such broad reasons for appeals from certifications (or at least have restrictions on them).

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Event Announcement: NAPEX Fall Conference 2024

We are excited to announce that Nicole Pottroff will be attending the Fall NAPEX conference in Washington DC and will be presenting on legal updates on October 30. The conference gives agencies and primes the opportunity to promote supplier diversity programs and learn how the APEX Accelerators can partner and assist in meeting contracting goals.

The Association of Procurement Technical Assistance Centers (APTAC) is the professional organization of and for the DoD APEX Accelerators nationwide. APTAC supports the APEX Accelerators by providing important information, professional networking, comprehensive training and a voice in national government contracting assistance. They are a great resource for obtaining helpful information for federal government contractors. We certainly enjoy the opportunity to present throughout the year for this beneficial organization.

If you are attending, please stop by our table to say hello. Hope to see you there!

SmallGovCon Week in Review: October 14-18, 2024

Hello, SmallGovCon readers. We hope you are enjoying some nice fall weather wherever you are, here in Kansas our temperatures are finally down in the 70s, which has been a welcome relief. Some articles we’ve highlighted this week include multiple takes on the new CMMC rule finalized by the Pentagon, and a updates on DoD spending. You can read more about these topics and news from this week in the links below. 

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Preview Shows Changes to 8(a) Application in New SBA Portal

As many in federal contracting know, the SBA had its certification portal (certify.sba.gov) closed for upgrades for a few months. The SBA is replacing it with a new portal called MySBA Certifications which as of the writing of this blog post is now live. While it hasn’t been widely published, SBA released screenshots of this new portal, which indicate SBA is making some large changes to applications, especially for applications to the 8(a) Program. We here at SmallGovCon think it is important for Federal Contractors to be aware of these changes before utilizing this new portal.

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35th Annual Judicial Conference – U.S. Court of Federal Claims in Washington DC

I will be presenting at the 35th Annual Judicial Conference in Washington, D.C., on October 23. This prestigious event gathers legal professionals, judges, and scholars from across the country to discuss the latest developments in the judiciary and legal system.

It’s definitely an honor to be speaking at the 35th Annual Judicial Conference for the Court of Federal Claims. My topic is: Private Conflicts: How the New Private Sector OCI Rules Could Impact Federal Procurement.

Hope to see you there! You can read more about this event and the speakers giving presentations at this link.