A new bill introduced in the House of Representatives would require the SBA to count contracts performed overseas when calculating the government’s achievement of its small business goals.
The bill would codify a policy that the SBA already says it is in the process of adopting–and one that will likely lead to a perceived drop in the government’s small business goaling achievement in Fiscal Year 2016.
A contractor’s attempt to challenge an adverse Contractor Performance Assessment Report was not a bid protest subject to the bid protest jurisdiction of the U.S. Court of Federal Claims.
In a recent decision, the Court rejected a protester’s creative attempt to challenge a CPAR as part of a bid protest. Instead, the Court held, a CPAR ordinarily must be challenged through the FAR’s claims and appeals processes–although the Court appeared to leave the door open to bid protest challenges in limited circumstances.
We’re back! 2016 has finally arrived and we here at Koprince Law couldn’t be more excited to dive into the new year with our first SmallGovCon Week In Review post. The first week of January brings some new policies and processes for contracting, a look back at the top procurement stories of 2015, and much more.
An offeror was not entitled to a high past performance score merely because it proposed a subcontracting relationship with the incumbent prime contractor.
In a recent bid protest decision, the GAO held that an agency had properly assigned the offeror a mere “Satisfactory” past performance score, despite a subcontracting relationship with the incumbent, because the prospective prime contractor had not sufficiently demonstrated its own relevant past performance.
A government contractor will pay a total of $3 million to resolve civil and criminal allegations that it violated the Buy American Act by using non-compliant foreign materials on federally funded construction projects–and falsified documents in an attempt to hide its violations.
According to a Department of Justice Press release, Novum Structures LLC not only will pay $3 million, but will be debarred from federal contracting.
The nonmanufacturer rule requires, among other things, that the prime contractor supply the end items of a small business manufacturer, or obtain a SBA waiver of that requirement. Compliance with the nonmanufacturer rule is determined as of the date of the final proposal–and a subsequent switch in manufacturers won’t be recognized by the SBA.
In a recent decision, the SBA Office of Hearings and Appeals held that the SBA had erred by evaluating a prospective prime contractor’s nonmanufacturer rule compliance because the small business end manufacturer in question had not provided a quotation to the prime until well after the prime’s proposal had been submitted.
WOSB sole source authority is now part of the FAR.
Effective December 31, 2015, the FAR Council has adopted an interim rule incorporating the WOSB sole source authority adopted in the 2013 National Defense Authorization Act and recently made part of the SBA’s regulations.