Government Contracts Monitor

Feds Meet FY16 Small Business Prime Contracting Goals (Except WOSB and HUBZone), But Individual Agency & Overall Subcontracting Shortfalls Persist, Providing Marketing Opportunities

June 6, 2017

The U.S. Small Business Administration (SBA) recently announced the federal government’s Fiscal Year 2016 (FY16) small business goaling results and Small Business Procurement Scorecard.  According to SBA, the federal government achieved its 23% small business contracting goal for the fourth straight year, awarding 24.34% of federal prime contracts, totaling $99.96 billion, to small business.  While…

Proposals Must Provide Clear Answers That Leave Agency Evaluators with No Questions

May 31, 2017

In the 1967 film, Cool Hand Luke, the Captain famously says to the inmates, “What we’ve got here is failure to communicate.” All too often, the same could be said to describe the issue at the core of protest decisions. A common theme running through many such decisions is a lack of effective communication that leads to poor ratings that in turn sink proposals. The recent Government Accounting…

“It’s in There” -- Miller Act Bonding Requirements Are Read into Construction Contracts under the Christian Doctrine

May 24, 2017

The Armed Services Board of Contract Appeals (ASBCA) recently reaffirmed its January 2017 decision in K-Con, Inc., ASBCA Nos. 60686, 60687, 17-1 BCA ~ 36,632, holding that, pursuant to the Christian doctrine, the bonding requirements set forth in the Miller Act (and codified at FAR 52.228-15) are mandatory clauses that must be included in government construction contracts if they are omitted. In…

Size Protests Must Be Specific and Factually Supported, and Include Supporting Documentation; Deficiencies Cannot Be Cured on Appeal

May 17, 2017

SBA’s Office of Hearings and Appeals (OHA) recently reiterated an important pleading sufficiency warning that we have discussed previously, most recently here – namely, that, while informal, size protests must be sufficiently specific and factually supported, and protestors should include supporting documentation with their protests.

Specifically, in Size Appeal of Nugate Group, LLC, SBA No.…

Short Take: NAICS Code Appeals: Timeliness Is Paramount, But Appeal Based on Presolicitation Notice Is Premature

May 9, 2017

As we have discussed previously, timing is everything in filing North American Industry Classification System (NAICS) code appeals at the Small Business Administration (SBA)’s Office of Hearings and Appeals (OHA).  This is because NAICS code appeals must be filed within a relatively short 10 calendar days after issuance of the initial solicitation, per 13 C.F.R. § 121.1103(b)(1).  OHA strictly…

Competitive Range Exclusion of Small Business Based on Insufficient Capabilities Requires Certificate of Competency (COC) Referral to SBA

May 9, 2017

The Government Accountability Office (GAO)’s recent decision in Competitive Range Solutions, LLC, B-413104.10, Apr. 18, 2017, provides a valuable reminder that Certificate of Competency (COC) referrals to the Small Business Administration (SBA) are required in broader contexts than pure non-responsibility determinations. Specifically, SBA’s regulations provide, inter alia, that a contracting…

Task Order or Schedule Contracting Officer – Pick the Right One or Start Over!

May 2, 2017

The Civilian Board of Contract Appeals (CBCA or Board)’s recent decision in Consultis of San Antonio, Inc. v. Department of Veterans Affairs demonstrates the importance of selecting the right contracting officer to resolve a dispute under a Federal Supply Schedule (FSS) task order. If the dispute involves interpreting the schedule contract terms and conditions, the issue must be presented to and…

Possible Federal Government Shut-Down – Actions to Take Now

April 25, 2017

As President Trump approaches the end of his first 100 days, there is a risk that the Federal Government could shut-down starting at midnight this coming Friday, when current funding expires. Congress, which is finally back from its two-week Easter recess, is working on both a short one- or two- week interim extension, as well as a longer extension through the end of the current Government fiscal…

The “Buy American and Hire American” Executive Order Is Here; Stay Tuned for What It Means for Federal Contractors and Grant Recipients

April 19, 2017

This Tuesday, President Trump signed a new Executive Order in Kenosha, Wisconsin. Speaking to a group of technical students and manufacturing employees prior to the signing ceremony, the President explained that the Order would “aggressively promote [the] use of American-made goods” and “ensure that American labor is hired to do the job.” Senior administration officials took up the President’s…

GAO Recommends DOD Act to Ensure that Its Pilot Mentor/Protégé Program Enhances the Capabilities of Protégé Firms

April 19, 2017

The Government Accountability Office (GAO) has identified a number of problems in DOD’s Pilot Mentor-Protégé Program, including a lack of standard operating procedures that DOD components are required to follow to approve Mentor-Protégé Agreements (MPAs), resulting in many MPAs not including required elements necessary to ensure the Protégé's eligibility and Program compliance. GAO further…

Short Take: Individual Pleads Guilty to Defrauding More than 1,000 Companies, Promising Contracting Preferences with FEMA

April 18, 2017

The Justice Department recently announced that an individual, Michael Pirolo, residing in Palm Harbor, Florida, has pleaded guilty to wire fraud in connection with a telemarketing scheme promising, for a $500 one-time fee. to “register” companies with the Federal Emergency Management Agency (FEMA} to enable them to receive FEMA contracting preferences. Approximately 1,200 victim-companies were…

GAO Holds Low Price Technically Acceptable (LPTA) Award Improper Under Best Value Procurement

April 11, 2017

Bid protestors frequently complain that an agency improperly converted a “best value” procurement into a Low Price Technically Acceptable (LPTA) procurement by awarding to the low-priced offeror, notwithstanding the existence of higher-rated, albeit higher-priced, proposals. Such protests seldom prevail, due to the wide discretion afforded source selection officials to select a lower-priced,…