If you google “GAO discussions,” you will likely see a multitude of results talking about “meaningful discussions.” Source selection authorities (SSA) are given a large amount of discretion beyond that. Despite the high level of discretion SSAs have, there are still certain boundaries that they must work within. These boundaries are premised on the fairness principle that is woven throughout the FAR and other procurement rules. In particular, the process of discussions must fit within these boundaries. Discussions allow all offerors that are still being considered for award an equal opportunity to address deficiencies, weaknesses, and adverse past performance information. But what if the contracting agency engages in discussions with only one offeror, who also happens to be the awardee?
Continue reading…GAO Sustains Protest to Solicitation’s Implementation of Randolph-Sheppard Act
GAO recently sustained a protest to the terms of a solicitation incorporating the Randolph-Sheppard Act (RSA). The RSA is a statutorily-prescribed preference for blind individuals in the operation of vending facilities (which include cafeterias, snack bars, and automatic vending machines) on Federal property.
The protester here, the incumbent contractor and a non-RSA HUBZone concern, challenged the agency’s decision to include the RSA preference in its HUBZone set-aside solicitation for food service attendant services, arguing the work the solicitation contemplated was not for the operation of a cafeteria. And GAO agreed. This GAO decision could have a significant impact, given the broad range of food service solicitations that agencies have been (seemingly increasingly) applying the RSA to lately. Let’s take a deeper dive.
Continue reading…SmallGovCon Week in Review: May 2-6, 2022
Happy Friday, Readers! The lilacs are blooming and this spring seems to be a particularly good year for them. We are enjoying their sweet scent as we stroll through the neighborhood when we get a dry day to do so. April showers are carrying over into May and we are all ready for some sunshine. Fun Fact: Kansas ranks #8 on the sunniest states list according to stacker.com. See how your state ranks here.
There was news this week on the OBM gearing up to implement the Infrastructure Investment and Jobs Act as well as information on challenges for federal contractors due to wage inflation and the war in Ukraine. You can read more about this and other news in federal government contracting in the articles below.
Have a great weekend!
Continue reading…Industrial Expansion: Proposed New Size Standards for Manufacturing and Other Industries with Employee-Based Size Standards
The SBA’s regulations state it will examine monetary-based size standards (e.g., receipts, net income, assets) at least once every five years and determine if adjustments are needed to those standards at such time. 13 C.F.R. § 121.102. But what about employee-based size standards? In fact, the same rule applies for reviewing and adjusting those standards as a result of the Small Business Jobs Act of 2010. On April 26, 2022, the SBA published its proposed rule to change the size standards for a number of employee-based size standards for manufacturing and other industries. Let’s look at these changes.
Continue reading…The FAR will Soon Allow Small Business Set-Asides Outside the US
Small business federal contractors may soon want to think about getting new luggage. The FAR will be updated to allow for–but not require–small business set-asides in overseas procurements. This has the potential to open up a substantial number of contracting opportunities to small businesses who have the capabilities to compete. The final rule will be effective May 26, 2022. Here are some of the key details to know about.
Continue reading…SmallGovCon Week in Review: April 25-29, 2022
Happy Friday, Readers! It’s time for another addition of the Week in Review. This week saw a lot of interesting updates, including lots of programs for small business owners, a little news on CMMC, and some new initiatives to help contractors navigate the federal marketplace.
Catch up on all the latest, and enjoy the weekend!
Continue reading…Top of the Class: 8(a) Early Graduation
The SBA’s 8(a) Business Development Program is the crème de la crème of federal government contracting and there is a high bar to entry for admission. Among other things, individuals that are not a member of one of the recognized groups that is automatically presumed to be socially disadvantaged must prove they were socially disadvantaged throughout their life through what is called a social disadvantage narrative. Beyond that, there are a number of other qualifications, such as being economically disadvantaged, a business’s potential for success, and evidence of good character that must also be met. 13 C.F.R. § 124.101. The process is difficult, and once an individual is admitted, they no doubt want to make the most of it.
Oftentimes, small businesses that participate in the 8(a) SBA’s Business Development Program remain in the Program for the full 9 years that the SBA allows, which culminates in the small business “graduating” from the program. 13 C.F.R. § 124.302. Sometimes, the business grows so successfully that it no longer meets the qualifications of being small, and thus is required to graduate early from the 8(a) Program. So how exactly does that happen? Read on to find out.
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