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Government Contracts Monitor

Contracting Opportunities

Sole Source Awards to WOSBs Are Finally Here, But Certification Questions Remain

Year-end 2015 brought two important developments for Women-Owned Small Businesses (WOSBs), that provide new business opportunities, as well as some uncertainty, as we start 2016. First, the FAR Council issued its eagerly-awaited Interim Rule authorizing sole source awards to WOSBs in appropriate circumstances. This new authority, which is effective immediately, levels the playing field between…

2016 New Year’s Resolutions

Reassess Your Size Status, Update Your DSBS and SAM Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and Postings

Happy New Year! The start of a new year is a time for New Year’s Resolutions.  Here are several we strongly urge you to follow-through on early in 2016.

1.    Reassess Your (and Any Subcontractors’) Small Business Size Status: Most…

Short Take: Supplier-Enabled Innovation

Supplier-Enabled Innovation (SEI) recently has been touted in the private sector as having the potential to revolutionize procurement.  But what is it?

SEI is a concept: that a procurement process can be used to dramatically increase the amount of research and development work being done on behalf of a procuring entity – by tapping into the capabilities and innovations of the entity’s…

Short Take: SBA Authorizes WOSB Sole-Source Awards

The Small Business Administration (SBA) has issued its eagerly-awaited Final Rule implementing the new sole source award authority for Women-Owned Small Businesses (WOSBs).  The Final Rule essentially adopts and follows the Proposed Rule, previously discussed here. Most importantly, the Final Rule authorizes sole source awards in industries identified by SBA in which WOSBs are underrepresented or…

Mentor/Protégé Joint Venture Agreements – The Devil Is in the Details

Over the past year, the Small Business Administration (SBA) has begun to require a greater deal of specificity in proposed Joint Venture Agreements (JVAs) between Mentors and their Protégés, and in at least two instances both the cognizant SBA Area Offices and SBA’s Office of Hearings & Appeals (OHA) have rejected such Agreements and found the respective joint ventures ineligible for the…

Short Take: Take a Lesson from Macbeth – Greed Does Not Pay

An active duty first class sergeant in the Army National Guard official, Jason Rappoccio, has been sentenced to 42-months in prison for taking a $30,000 bribe.  That means he was paid approximately $700 for each month he’ll now spend behind bars. 

Rappoccio had responsibility for awarding Army National Guard marketing and advertising contracts.  Rappoccio accepted the bribe from…

Get Ready Women -- WOSB Sole-Source Awards Get Closer

As previously discussed here, the National Defense Authorization Act for Fiscal Year 2015 (the Act), made two important changes for Women-Owned Small Businesses (WOSBs).  First, the Act authorized certain sole source awards to WOSBs, and second, the Act deleted the prior authorization for WOSBs to self-certify their status and eligibility for award.  The Small Business Administration (SBA) has now…

Is that Noncompetitive Award Justified? Prove It!

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…

Small, Women-Owned? Congress Allows Sole-Source Awards, But No More Self-Certification

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…

Incumbent Left Behind

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…

 

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