As summer turns to fall (and football season), government contractors are dealing with the flurry of awards, orders and modifications that always accompanies the end of the federal fiscal year. In this week’s SmallGovCon Week In Review, a HUBZone fraudster gets jail time, a Navy report reveals systemic Berry Amendment violations (by the Navy!) and much more.
Small Business Set-Aside Decisions May Include Restrictive “Capability” Requirements
The small business set-aside “rule of two” is not satisfied unless the procuring agency has a reasonable expectation of receiving proposals from at least two small businesses capable of performing the work.
Although this sounds like a commonsense interpretation of the rule of two, it may give agencies leeway to define “capability” in manner that eliminates small businesses from participation. In a recent bid protest decision, the GAO held that an agency appropriately issued a solicitation as unrestricted based on the agency’s determination that there were not two or more small businesses with at least five years of relevant experience. Of concern, the GAO did not require the agency to prove that five years of relevant experience was necessary to render a firm “capable” of performing the contract.
WOSB Sole Source Contracts Authorized As Of October 14, 2015
WOSB and EDWOSB sole source contracts will be authorized under the SBA’s regulations effective October 14, 2015.
In a final rule published today, the SBA implemented regulatory authority pursuant to which Contracting Officers may issue sole source contracts. The question now is whether Contracting Officers will be willing to issue sole source contracts based on the SBA’s rule–or will wait until the FAR Council adopts similar authority.
SmallGovCon Week In Review: September 7-11, 2015
As we reflect on the tragic events of September 11, 2001 we are reminded to cherish every day and live every day to the fullest. Our thoughts are with all those who were affected by the events that took place that day.
While September 11 will never again be “just another day,” we post our weekly review of government contracting news and notes every Friday–even Fridays like this one. Today’s roundup includes articles about increasing opportunities in the government sector, a look at a potential “game changer” in the 2016 National Defense Authorization Act, an overview of a looming potential government shutdown, and more.
GAO: If Price Realism Will Be Evaluated, Offerors Must Be Notified
Agencies must notify offerors when price realism will be evaluated under a fixed price solicitation.
Recently, the GAO sustained a protest where a procuring agency rejected an offeror’s proposal because the offeror’s quoted prices were significantly lower than the government’s estimate–even though the solicitation did not notify offerors that price realism would be evaluated.
SBA Size Protests: FAR Part 33 Doesn’t Affect Timeliness
A SBA size protest related to a sealed bid must be filed within five business days of bid opening–and the bid protest rules under FAR Part 33 do not provide for a longer protest window.
In a recent decision, the SBA Office of Hearings and Appeals confirmed that, when it comes to size protests, the timeliness rules for bid protests (which allow many protests to be filed within 10 days after the basis of protest was known or should have been known) simply do not apply.
SmallGovCon Week In Review: August 31-September 4, 2015
The unofficial end of summer is coming to a close. Here at SmallGovCon, we are looking forward to the Labor Day weekend and the start of fall. As we head into the long weekend, here is your weekly dose of what’s new in government contracting.
In this week’s SmallGovCon Week In Review, Kingdomware Technologies, Inc. garners more support in its Supreme Court battle with the VA, the DoD and GSA are working together on a possible new contract vehicle for cloud computing services, the GSA unveils a RFI for Schedule 70, and more.