Nonmanufacturer Rule Violation Leads To Default Termination

Posted on April 19, 2016 by Steven Koprince

A procuring agency appropriately terminated a small business set-aside contract for default when the SBA determined, after contract award, that the prime contractor was not complying with the nonmanufacturer rule.

A recent decision of the Armed Service Board of Contract Appeals involved a very interesting factual situation, in which the small business in question told the SBA that it planned to perform the contract in compliance with the nonmanufacturer rule, but then failed to do so. This failure, according to the ASBCA, justified a default termination.

GAO: Agency Could Disclose Incumbent’s Staffing Numbers

Posted on April 18, 2016 by Steven Koprince

In a solicitation seeking the award of a follow-on services contract, a procuring agency could validly disclose the number of incumbent personnel performing a particular function.

In a recent bid protest decision, the GAO held that this information was not proprietary or confidential to the incumbent, and that the incumbent was not competitively harmed by the release of the information.

SmallGovCon Week In Review: April 11-15, 2016

Posted on April 15, 2016 by Steven Koprince

With tax day looming (the IRS, in its infinite generosity, has granted taxpayers a reprieve until Monday), accountants and bookkeepers everywhere are preparing for a break. But in the world of federal government contracting, there is never a pause. And that’s why it’s time for our weekly look at government contracting news and notes.

In this week’s edition of SmallGovCon Week In Review we bring you two articles on just how much time is being saved with FASt Lane, a look into category management and if small contractors are being squeezed out, a closer examination of the shrinking 8(a) population and much more.

GAO Proposes Major Overhaul Of Bid Protest Filing System

Posted on April 15, 2016 by Steven Koprince

The GAO is proposing a major overhaul of its bid protest filing system.

In a Federal Register notice published today, the GAO proposes significant changes regarding how protests are filed (get ready for filing fees), the timeliness of bid protests, and much more.

Small Business Wins Contract Despite “Unacceptable” Key Personnel Score

Posted on April 14, 2016 by Steven Koprince

A small business received an “unacceptable” score for its key personnel, but nevertheless was awarded the contract after the matter was referred to the SBA under the Certificate of Competency procedures.

A recent decision by the U.S. Court of Federal Claims demonstrates the breadth and power of the so-called “COC” process, which can allow an otherwise “unacceptable” business to wind up in the winner’s circle.

HUBZone Program: Court Decision Highlights “Fracture” Policy

Posted on April 12, 2016 by Steven Koprince

The SBA will not aggregate a HUBZone applicant’s employees with the employees of the applicant’s affiliates for purposes of determining compliance with the “35% rule,” but only if the SBA determines that there is a “clear line of fracture” between the HUBZone applicant and its affiliates.

A recent decision by the U.S. Court of Federal Claims highlights an important SBA policy, which isn’t codified in the SBA’s regulations but can have a tremendous impact on HUBZone Program eligibility.

8(a) Program Participation Down 34% Since 2010

Posted on April 11, 2016 by Steven Koprince

Participation in the SBA’s 8(a) Program has declined from about 7,000 firms in 2010 to only around 4,500 today–a sharp drop of approximately 34% in only six years.

These startling numbers come from a recent SBA Office of Inspector General report, which focuses on whether the SBA properly documented the reasons for admitting certain 8(a) participants. While that matter is interesting in its own right, the most revealing part of the SBA OIG report is the rapid decline in 8(a) Program participation, and the SBA’s plans to reverse it.