May 11, 2015
On March 2, 2015, the Department of Defense’s Final Rule, "Federal Acquisition Regulation; Ending Trafficking in Person," available here (the Rule), became effective. Pursuant to the Rule, revised FAR 52.222-50, Combatting Trafficking in Persons, must be included in all contracts and solicitations. Although the Rule implements previous mandates, contractors must be aware of notably…
May 4, 2015
On April 13, 2015 the Department of Defense (DOD) issued a Memorandum regarding "Noncompetitive Contracts Awarded Based on Urgency". The purpose of the memo is to restate the requirements for "preparing, obtaining approval, and posting justification and approval (J&A) documents for contracts awarded using the unusual and compelling urgency exception in accordance with FAR 6.3." A…
April 7, 2015
In general, the Buy American Act (BAA) aims to ensure that, subject to certain exceptions, only domestically mined, produced, or manufactured articles are procured for public use in the United States. One of the recognized BAA exceptions applies to articles not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory…
April 7, 2015
The government’s “discretion” can act as an impenetrable shield, protecting awards from challenge. When the applicable legal standard grants discretion to the government and the subject agency provides at least minimal reasoning for its actions, it can be virtually impossible to prevail on an appeal absent clear evidence the agency acted unreasonably. The recent decision in In re…
March 23, 2015
Relief is on the way. Over the past several years the alarming increase in the use of LPTA procurements has been criticized, particularly where the government might realize “best value” from an innovative, cost-effective solution. This criticism has now gained an important voice and concrete support in the form of new Department of Defense (DOD) policy guidance urging “limited” use of…
March 17, 2015
Small businesses participating in the Small Business Administration’s (SBA’s) 8(a) Business Development Program (BD Program) would do well to recall the story of Pinocchio, the marionette who wanted to be a real boy. Pinocchio learned two important lessons: be self-reliant and don’t lie. Similarly, the petitioner in the recent The Desa Group, Inc., SBA No. BDPT-543…
March 17, 2015
The Department of Veterans Affairs (VA) has adopted a final rule establishing the procedures governing Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) status protests. This action resolves, at least for now, the issue as to whether status protests involving VA procurements will be transferred to the Small Business Administration (SBA),…
March 9, 2015
1970. Ford produced its first Pinto. Ronald Reagan was re-elected governor of California. Claudia Schiffer was born. The Kansas City Chiefs won the Super Bowl. And the current Federal Sex Discrimination Guidelines (Guidelines) were written. At the time, no one could have imagined that the Pinto would develop a reputation as one of the worst cars ever made,…
February 16, 2015
Most small business contractors know that growth past a certain point can adversely impact their ability to win new work from the Government. And this understanding is correct, as far as it goes. But, as the recent decision in Research and Development Solutions, Inc., B-410581; B-410581.2 (January 14, 2015), makes clear, it is important not to overstate the impact of becoming “other…
February 9, 2015
The recently-enacted National Defense Authorization Act (NDAA) for Fiscal Year 2015 (NDAA-15) includes two important changes for Women-Owned Small Businesses (WOSBs). First, the Act authorizes certain sole source awards to WOSBs, ending a long effort to bring the WOSB program in line with other socio-economic programs that have long authorized sole source awards. Second, the Act…
February 2, 2015
The Government Accountability Office (GAO) recently held that procuring agencies are not required to solicit the incumbent for follow-on Federal Supply Schedule (FSS) work, notwithstanding statutory and regulatory changes designed to enhance competition and provide notice “to as many contractors as practicable.” Technical Professional Services, Inc., B-410640, decided Jan. 20, 2015. GAO…
February 2, 2015
As reported in this blog back in March of 2013, the National Defense Authorization Act (NDAA) for Fiscal Year 2013 (FY13) made significant changes to the limitations on subcontracting for small business set-aside contracts. Now, twenty-one months later, the Small Business Administration (SBA) has proposed a new rule to implement those changes. While faithfully implementing the statutory…
May 11, 2015
On March 2, 2015, the Department of Defense’s Final Rule, "Federal Acquisition Regulation; Ending Trafficking in Person," available here (the Rule), became effective. Pursuant to the Rule, revised FAR 52.222-50, Combatting Trafficking in Persons, must be included in all contracts and solicitations. Although the Rule implements previous mandates, contractors must be aware of notably…
May 4, 2015
On April 13, 2015 the Department of Defense (DOD) issued a Memorandum regarding "Noncompetitive Contracts Awarded Based on Urgency". The purpose of the memo is to restate the requirements for "preparing, obtaining approval, and posting justification and approval (J&A) documents for contracts awarded using the unusual and compelling urgency exception in accordance with FAR 6.3." A…
April 7, 2015
In general, the Buy American Act (BAA) aims to ensure that, subject to certain exceptions, only domestically mined, produced, or manufactured articles are procured for public use in the United States. One of the recognized BAA exceptions applies to articles not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory…
April 7, 2015
The government’s “discretion” can act as an impenetrable shield, protecting awards from challenge. When the applicable legal standard grants discretion to the government and the subject agency provides at least minimal reasoning for its actions, it can be virtually impossible to prevail on an appeal absent clear evidence the agency acted unreasonably. The recent decision in In re…
March 23, 2015
Relief is on the way. Over the past several years the alarming increase in the use of LPTA procurements has been criticized, particularly where the government might realize “best value” from an innovative, cost-effective solution. This criticism has now gained an important voice and concrete support in the form of new Department of Defense (DOD) policy guidance urging “limited” use of…
March 17, 2015
Small businesses participating in the Small Business Administration’s (SBA’s) 8(a) Business Development Program (BD Program) would do well to recall the story of Pinocchio, the marionette who wanted to be a real boy. Pinocchio learned two important lessons: be self-reliant and don’t lie. Similarly, the petitioner in the recent The Desa Group, Inc., SBA No. BDPT-543…
March 17, 2015
The Department of Veterans Affairs (VA) has adopted a final rule establishing the procedures governing Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) status protests. This action resolves, at least for now, the issue as to whether status protests involving VA procurements will be transferred to the Small Business Administration (SBA),…
March 9, 2015
1970. Ford produced its first Pinto. Ronald Reagan was re-elected governor of California. Claudia Schiffer was born. The Kansas City Chiefs won the Super Bowl. And the current Federal Sex Discrimination Guidelines (Guidelines) were written. At the time, no one could have imagined that the Pinto would develop a reputation as one of the worst cars ever made,…
February 16, 2015
Most small business contractors know that growth past a certain point can adversely impact their ability to win new work from the Government. And this understanding is correct, as far as it goes. But, as the recent decision in Research and Development Solutions, Inc., B-410581; B-410581.2 (January 14, 2015), makes clear, it is important not to overstate the impact of becoming “other…
February 9, 2015
The recently-enacted National Defense Authorization Act (NDAA) for Fiscal Year 2015 (NDAA-15) includes two important changes for Women-Owned Small Businesses (WOSBs). First, the Act authorizes certain sole source awards to WOSBs, ending a long effort to bring the WOSB program in line with other socio-economic programs that have long authorized sole source awards. Second, the Act…
February 2, 2015
The Government Accountability Office (GAO) recently held that procuring agencies are not required to solicit the incumbent for follow-on Federal Supply Schedule (FSS) work, notwithstanding statutory and regulatory changes designed to enhance competition and provide notice “to as many contractors as practicable.” Technical Professional Services, Inc., B-410640, decided Jan. 20, 2015. GAO…
February 2, 2015
As reported in this blog back in March of 2013, the National Defense Authorization Act (NDAA) for Fiscal Year 2013 (FY13) made significant changes to the limitations on subcontracting for small business set-aside contracts. Now, twenty-one months later, the Small Business Administration (SBA) has proposed a new rule to implement those changes. While faithfully implementing the statutory…
