Government Contracts Monitor

New Statute Extends Small Business Size Standard Reference Period to Five (from Three) Years, Enabling More Companies to Qualify as Small

January 17, 2019

In December 2018 – just before Christmas – the Senate approved, and the President signed into law, the so-called “Small Business Runway Extension Act of 2018,” Pub. L. No. 115-324 (the “Act” or “statute”).  This statute extends the three-year reference period for calculating a revenue-based small business’s size status to five years.  This Act was intended – as implied by its name – to extend the…

JK Attorneys to Present Free Webinar on Current Trends in Employment & Labor Law Next Friday, 1/25/19, and Separately Have Published a "Look Ahead" at the Coming Year.

January 17, 2019

You are cordially invited to attend a free Seminar on “Trends in Employment and Labor Law,” which will be presented next Friday, January 25, 2019, beginning at 9:00 a.m. CST.  The live Seminar will be held at the Tropicana Evansville in Evansville, Indiana, and will be available by Webinar and phone for those unable to attend in person.  Topics covered will include Conducting Gender Pay Audits to…

Government Contracts Monitor

January 17, 2019

New Statute Extends Small Business Size Standard Reference Period to Five (from Three) Years, Enabling More Companies to Qualify as Small

In December 2018 – just before Christmas – the Senate approved, and the President signed into law, the so-called “Small Business Runway Extension Act of 2018,” Pub. L. No. 115-324 (the “Act” or “statute”).  This statute extends the three-year reference period for…

So Long, Farewell, Goodbye, to Low Price Technically Acceptable

January 9, 2019

The Department of Defense (“DoD”) recently proposed a new rule (click here) that would restrict the use of the lowest price technically acceptable (“LPTA”) source selection method.  The rule will apply to FAR Part 15 negotiated procurements, Federal Supply Schedule orders, commercial item acquisitions, simplified acquisitions, and orders against multiple award indefinite delivery contracts. The…

New Year's Resolutions, 2019 - Reassess Your Size Status, Update Your SAM and DSBS Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and Postings

January 2, 2019

Happy New Year!  The start of a new year is the time for New Year’s Resolutions.  Here are several we strongly urge you to follow-through on early in 2019.

     1.  Reassess Your (and Any Subcontractors’) Small Business Size Status:  Most companies operate on a calendar year for tax reporting purposes.  For such companies the start of a new tax year, and the end of the prior year, means a change and…

Here We Go Again - Another Possible Federal Government Shut-Down - Actions to Take Now

December 20, 2018

As recently as yesterday morning, I had shelved this article for at least a couple of more months.  However, developments yesterday significantly increased the likelihood of a partial Federal Government shut-down at midnight tonight, causing me to resurrect and publish this today.  As you no doubt know, President Trump has been threatening a possible shut-down since last year if he does not get his…

Release of Proprietary Information - Tainted Procurement?

December 11, 2018

What happens when a competitor receives proprietary information during a procurement? Will an offeror whose information has been improperly disclosed succeed in a protest? The answer is . . . it depends.  Most recently, in DynCorp International, LLC,  the Court of Appeals for the Federal Circuit held that an agency had a reasonable basis for not disqualifying a competitor that had received…

GAO Bid Protests - FY18 Protest Statistics (Overall Effectiveness at 44%; Sustains at 14%), and a Look Ahead

December 2, 2018

The Government Accountability Office (GAO) last week issued its Annual Report to Congress on bid protests during Fiscal Year 2018 (FY18; 10/1/17-9/30/18).  The total number of bid protests filed (including supplemental protests, cost claims & reconsideration requests) increased marginally by less than 1% (2,607 vs. 2,596 protests in FY17 – an increase of 11 protests).  GAO closed 2,642 protests…

The Challenge in Challenging A CICA Override - Know Your Facts

November 28, 2018

Under the Competition in Contracting Act’s (CICA’s) automatic stay, agencies, upon receiving notice that the award is being protested, must “direct the contractor to cease performance under the contract and to suspend any related activities that may result in additional obligations being incurred by the United States under that contract.” 31 U.S.C. § 3553(d)(3)(A)(ii)(2). Although CICA gives the…

See-Saw: The Number Of Appeals May Be Down, But Contractor Success Is On The Rise

November 14, 2018

The Armed Services Board of Contract Appeals (ASBCA) released its annual report last month, describing its case activity for FY 2018. Interestingly, of the 139 cases decided on the merits, the Board agreed with the contractor/appellant 69 percent of the time.  And that’s not all.  In most of the 420 cases dismissed by the Board the case was disposed of because the parties had reached a settlement,…

Federal Circuit Overrules COFC's "Narrowly Targeted" Review Standard; Corrective Action Challenges Just Became a Lot Harder

November 7, 2018

As we have discussed, a significant percentage of bid protests end up in an agency taking some form of corrective action, either entirely voluntarily based upon the agency’s internal assessment, or as the result of external pressures – formal or informal – from the Government Accountability Office (GAO), the Department of Justice or a Court.  A critical issue in such situations is the scope of the…

FAR Change Clarifies that Offerors (Including Joint Ventures) Must Register in SAM Before Submitting Offers

November 4, 2018

The Federal Acquisition Regulation (FAR) has been amended to make clear that offerors, including joint ventures, must be registered and active in the System for Award Management (SAM) prior to submitting bids or offers responding to Federal Government solicitations.  Such registration includes completing the standard annual Representations and Certifications (Reps & Certs) required by most…