GAO: Agency Cannot Ignore Apparent Conflict

Posted on December 18, 2015 by SmallGovCon Contributor

When a procuring agency knows of an apparent organizational conflict of interest, but makes no effort to resolve the issue, the resulting award is improper.

In a recent GAO bid protest decision, GAO held that it is impermissible for an agency to simply ignore a known conflict (or apparent conflict). Interestingly, GAO never determined whether the conflict helped or hurt the business’s efforts at winning the award. It said essentially that it did not matter. Because a conflict existed, the agency knew about it, and did nothing, the award was flawed.

SmallGovCon Week In Review: December 14-18, 2015

Posted on December 18, 2015 by Steven Koprince

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

Posted on December 18, 2015 by Steven Koprince

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

Posted on December 17, 2015 by Steven Koprince

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

Posted on December 11, 2015 by Steven Koprince

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

Posted on December 11, 2015 by Steven Koprince

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

Posted on December 9, 2015 by Steven Koprince

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.