The SBA lacks authority to determine whether a company is an eligible service-disabled veteran-owned small business for purposes of a VA SDVOSB set-aside procurement.
In a recent decision, the SBA Office of Hearings and Appeals confirmed that the SBA lacks such authority, which is reserved solely for the VA’s Office of Small & Disadvantaged Business Utilization.
With the unseasonably warm temperatures here in Kansas this week, we are trying to get ourselves into the holiday spirit as we patiently await the snow (not that I’m complaining if we don’t get any!)
As the holidays approach, here is our last edition of the SmallGovCon Week In Review. In this edition, changes are on the way with the DoD mentor-protege program, the Senate will consider a bill to sharply curtail the use of reverse auctions, charges are made in an alleged $10.35 million bribery scheme, and more.
GAO bid protests were up 3% in Fiscal Year 2015–and protesters achieved a favorable outcome in 45% of cases.
In its Annual Report to Congress on its bid protest function, the GAO provided a look at how protesters fared during FY 2015, as well as the most common reasons protests were sustained.
Under a new FAR provision effective in February 2016, the Government typically will not enter into a contract with any corporation that has an unpaid Federal tax liability that is not being contested or timely repaid. The same new FAR provision prohibits the Government, in most cases, from awarding a contract to a company recently convicted of a Federal felony.
The new FAR provision requires a corporate offeror to represent whether it has any unpaid tax liabilities or recent felony convictions. If the answer to either question is “yes,” the Government cannot award a contract unless it has first considered suspension or debarment of the offeror, and determined that suspension or debarment is unnecessary to protect the Government’s interests.
A contractor’s challenge to a contracting officer’s final decision was “improperly directed” when it was sent only to the contracting officer, and did not delay the 90-day period in which the final decision could be appealed to the Civilian Board of Contracting Appeals.
As demonstrated in a recent CBCA decision, when a contractor receives a contracting officer’s final decision, the appeals clock starts ticking–and an “appeal” to the contracting officer doesn’t stop the clock.
In a recent decision, the GAO played seventh-grade English teacher, reminding offerors to use their own words to get full proposal-writing credit.
In the case of Res Rei Development, Inc., B-410466.7 (Oct. 16, 2015), the agency found a proposal unacceptable because, in its view, the offeror had simply restated the terms of the solicitation. The GAO agreed with the agency’s decision, writing that a proposal that merely restates the requirements of the solicitation without adding detail and insight into how the offeror would manage and execute the contract can be found unacceptable.
We hope that all of our readers had a wonderful and relaxing Thanksgiving. While we are looking forward to seeing what 2016 brings, we continue to bring you our weekly dose of government contracting news and notes for the remainder of the year.
In this week’s edition of SmallGovCon Week In Review, a look at ever-increasing regulatory burdens on contractors, the American Legion endorses a proposal to increase veteran-owned contracting, the Government recovers $3.5 billion in False Claims Act cases, and more.