With Christmas just one week away, we are looking forward to gathering with our families and celebrating this holiday season. But even with the holidays approaching, there was no shortage of news this week. In this week’s SmallGovCon Week In Review, Guy Timberlake takes a look at the government contracting landscape in 2016, bid protests continue a slow but steady rise, a brazen contractor seeks $3,160 per hour for his time spent handling a successful protest, and much more.
WOSB Certification: SBA Seeks Public Comments
A year after Congress surprisingly eliminated WOSB self-certification, the SBA is asking for public comment on how to certify WOSBs.
In a notice published today, the SBA states that it intends to draft regulations to address the statutory change, but “seeks to understand what the public believes is the most appropriate way to structure a WOSB/EDWOSB certification program.”
SBA Lacks Authority Over VA SDVOSB Protests
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.
SmallGovCon Week In Review: December 7-11, 2015
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 Protests (And Effectiveness) Rise In FY 2015
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.
Unpaid Federal Taxes Will Mean “No Contracts” Under New FAR Provision
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.
CBCA: “Appeal” Sent To Contracting Officer Didn’t Count
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.