Government Contracts & Investigations

Category: Small Business / Socioeconomic Issues

Simplified Acquisition Procedures Afford Agencies a Lot of Latitude

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Not being included, or being purposely excluded, may remind some of adolescence, and may remind others of the Federal Acquisition Regulation (FAR) simplified acquisition procedures. The recent Government Accountability Office (GAO) decision in Phoenix Environmental Design, Inc. (Phoenix), B-418304 (March 2, 2020) deals with facing the latter form of disappointment. The underlying purchase order inRead More

Topics: Bid Protests and the Contracting Process, Small Business / Socioeconomic Issues

OHA Decision Highlights the Perils of Mixing Business with Family

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A cornerstone of the Small Business Administration (SBA) size regulations is that a business’s size is determined by measuring its size in addition to the size of its affiliates. The recent SBA Office of Hearings and Appeals (OHA) decision in Size Appeal of: Cazador Investments LLC (Appellant), SBA No. SIZ-6048, 2020 WL 897975, discusses oneRead More

Topics: Small Business / Socioeconomic Issues

Hope Is Not a Strategy: Protest Shortcomings of Corrective Action as Soon as You See Them

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When an agency announces its intent to take corrective action in response to a protest, it’s easy for the protester to feel that it has “won”—and to some extent it has. At the very least, its protest has prompted the agency to regroup and remedy one or more perceived problems with the subject procurement. DespiteRead More

Topics: Bid Protests and the Contracting Process, Small Business / Socioeconomic Issues

Small Business Runway Act Regulation Goes Into Effect – You May Have a Choice in How to Calculate Your Size

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Being a small business can have its advantages. Federal procurement rules provide that certain contracting opportunities may be set-aside for small business competition. Small businesses also may be exempt from certain procurement provisions, such as subcontracting plan requirements and coverage under Federal Cost Accounting Standards (CAS). Prime and higher-tier subcontractors also are incentivized to useRead More

Topics: Small Business / Socioeconomic Issues, Subcontracting and Strategic Alliances

When the Government Asks for Required Information, Answer (But First Make Sure You Have Prepared for the Question).

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You might think that this could go without saying, but apparently it can’t: If you want to succeed in your dealings with the federal government, you need to timely provide information required by law, particularly when government personnel specifically ask you for it. The recent decision of the SBA’s Office of Hearings and Appeals inRead More

Topics: Small Business / Socioeconomic Issues, Statutes and Regulations