Under the FAR’s limitations on subcontracting clause, the work to be performed by a 1099 independent contractor did not count toward the prime contractor’s performance.
In a recent bid protest decision, the GAO held that a procuring agency properly rejected an offeror’s proposal because the offeror was relying, in part, on an independent contractor to meet its obligations under the limitations on subcontracting clause.
Newly organized concern affiliation under the SBA’s affiliation rules did not exist when the alleged former key employee of the affiliate did not exercise influence over the entire company.
In a recent decision, the SBA Office of Hearings and Appeals held that no matter the size of the alleged affiliate, a former “key employee” must have had the ability to influence the entire company in order for the newly organized concern affiliation rule to apply.
I am back from a trip to the Quad Cities of Illinois and Iowa, where I gave two presentations at the Midwest Small Business Government Contracting Symposium.
It was great to spend two days meeting with small government contractors, large mentors and small business liaison officers, government officials and others in the industry. A big “thank you” to the Iowa/Illinois Chapter of the National Defense Industrial Association for organizing an outstanding event that is rapidly becoming known as one of the nation’s premier conferences for small government contractors. Thanks also to the Illinois PTAC, the Quad Cities Chamber of Commerce, and all of the other event sponsors for their contributions, and to the Midwest SBLO Group for inviting me to address its quarterly meeting. And of course, thanks to all of those who attended the conference (and my presentations!)
If you weren’t able to make it to this year’s symposium, it’s never too early to start planning for 2015. Hope to see you there!
In a victory for common sense, the GAO has held that a proposal that was in the agency’s possession before the due date was not “late,” even though the offeror emailed the proposal to the agency instead of submitting it through an online portal.
The agency’s attempt to reject the proposal was particularly egregious because the agency told the protester that the proposal could be submitted by email–then rejected the proposal when the protester did just that.
The Army did not violate the Competition in Contracting Act by soliciting only three local sources for a simplified acquisition to be performed outside of the United States.
In a recent bid protest decision, the GAO explained that under the circumstances, the Army was not required to publish notice of the procurement on the FedBizOpps website, and satisfied the competition requirements by seeking quotations from three local sources.
I am back from a day-long road trip to Wichita, where I gave a presentation on communications between industry and contracting officials.
It was great to spend the morning meeting with so many local government contractors. A big “thank you” to Terri Bennett, Jason Porch, Scott Knapp, and Lisa Haggard of the Kansas PTAC, as well as Marcia Stevens and the Kansas SBDC, for organizing the event. And of course, extra thanks to the contractors and others who attended the session and asked great questions.
If you’re a Kansas government contractor but weren’t able to make it to yesterday’s event, I have good news. In June, I will be presenting the same seminar in Overland Park. Details coming soon.
The GAO will not reconsider a bid protest that has been litigated in the Court of Federal Claims and affirmed by the U.S. Court of Appeals for the Federal Circuit.
In a recent bid protest decision, the GAO dismissed a protest challenging the Department of Labor’s decision to set aside two solicitations for small businesses, because the federal courts had already ruled that the set-asides were appropriate.