SBA Issues 2019 Small Business Scorecard, Small Business Contracting Over $130 Billion!

The SBA’s FY2019 Small Business Procurement Scorecard came out recently and revealed some interesting trends in the dollars and cents of small business contracting. While there are a lot of positives for small businesses, not all the numbers are great. Read on for the details!

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GAO: VA’s Market Research Improperly Compared Apples to Oranges, Violated Rule of Two

Under the VA’s Rule of Two, the VA is required to set aside solicitations for veteran-owned businesses if there is a reasonable expectation of receiving offers from two or more such businesses capable of performing the required work at a fair and reasonable price. But how reasonable does the VA’s expectation have to be in a given procurement?

GAO recently reviewed the reasonableness of VA’s efforts and found them lacking.

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SBA Finalizes Rule Allowing Set-Asides Under Small Business MACs

The SBA has published a final rule that would allow for quite the change to small business set-aside multiple award contracts (MACs) and orders issued under them. This final rule amends the SBA’s regulations to authorize task and delivery orders issued under a small business set-aside MAC, to be set-aside for HUBZone businesses, 8(a) businesses, SDVOSBs, or WOSBs.

While agencies had set aside orders under MACs before, SBA has now clarified its regulations to allow socioeconomic set-asides of orders under small business set-aside MACs.

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GAO: VA Rule of Two Doesn’t Apply if Pricing Isn’t Reasonable

GAO recently gave its blessing to a VA decision not to follow the Rule of Two, despite knowing several SDVOSBs would bid. The VA’s decision was based on the contracting officer’s opinion that prices would not be fair and reasonable based on an evaluation of prices and market research.

The decision is important for providing some clarification on what research a contracting officer must undertake to establish that prices will not be fair and reasonable for purposes of the Rule of Two.

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Alert! House Committee Proposes Ending SDVOSB Self-Certification

SmallGovCon readers know that the federal government currently operates two SDVOSB socio-economic designations: a VA-specific program (that requires the business to be verified by the VA’s Center for Verification and Evaluation), and a program through the SBA (that allows the business to self-certify).

These dual programs have been the source of confusion among SDVOSBs. Thankfully, relief might be on the way, as the House Small Business Committee has introduced legislation to consolidate SDVOSB verification under the SBA.

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Federal Circuit Affirms SDVOSB Priority Over AbilityOne

Ever since the Supreme Court’s Kingdomware decision was handed down in 2016, an important question has remained: who has priority at the VA for items on the AbilityOne List?

Yesterday, the Federal Circuit Court of Appeals provided the answer. The VA is required to prioritize service-disabled veteran-owned or veteran-owned small businesses when the Rule of Two is met, even when it buys items on the AbilityOne List.

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New Consolidated SDVOSB Eligibility Requirements: the Good, the Bad, and the Downright Ugly

New, consolidated SDVOSB eligibility regulations kicked in on October 1.  The new regulations replace the old VA and SBA rules, which provided separate eligibility standards for SDVOSBs.

Veterans have long been confused by the fact that the Government operated two separate SDVOSB programs, each with its own standards.  The consolidated rule will eliminate that confusion, and that’s a very good thing.  There are also several other pieces of the new SDVOSB eligibility rule that veterans should like–but also some that aren’t so great, or that require further clarification as to how they’ll be applied.

We provided a broader overview of the new regulations earlier last week.  Now it’s time for me to get on my soapbox.  Without further ado, here’s my list of the good, bad, and the downright ugly from the new SDVOSB regulations.

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