A recent report from the Department of Defense (DoD) Inspector General (IG) identified a number of significant flaws regarding the Defense Logistics Agency’s (DLA) compliance with the Buy American Act (BAA) and the Berry Amendment. The IG’s findings will likely result in a renewed focus on both BAA and Berry Amendment compliance. As a result, contractors are likely to experience increased frustration as they seek to remain aligned with DLA policies. The IG’s report also draws further attention to the previously discussed government-wide effort by President Trump to both enhance compliance with the BAA as presently drafted and potentially strengthen the BAA through legislative action in the future.
On April 18, 2017, Donald Trump signed a Presidential Executive Order on Buy American and Hire American (EO). As we reported at the time, Section 3 of the EO directed the heads of all federal agencies to, among other things: (1) assess the monitoring of, enforcement of, implementation of, and compliance with Buy American laws within their agencies; (2) assess the use of BAA waivers within their agencies; and (3) develop and propose policies to ensure federal funds maximize the use of materials produced in the United States. It also ordered the Department of Commerce (DOC) and the Office of Management and Budget (OMB) to issues guidance to agencies about how to comply with their obligations.
On Wednesday, May 10, 2017, I will be in Oak Ridge, Tennessee taking part in a Mentor Protégé & Joint Venture Speaker Panel Seminar. This interactive seminar will offer insights for small businesses and large prime contractors on assembling, marketing, and administrating joint ventures and teaming arrangements. It will address the unique challenges presented by teaming agreements and joint ventures while offering best practices for navigating these strategic alliances more effectively to win government contracts.
This program is sponsored by The University of Tennessee Procurement Technical Assistance Center (PTAC), the Small Business Development Center (SBDC) and the Oak Ridge Chamber.
Visit the SBDC website for more information and registration.
Last month, the Government Accountability Office (GAO) released results from its investigation into the effectiveness of the Department of Defense (DoD) Pilot Mentor-Protégé Program. In accordance with the National Defense Authorization Act (NDAA) for 2016, GAO reviewed DoD’s procedures for approving mentor-protégé agreements, its performance measures for the program, and the differences between its program and the new All Small Mentor Protégé Program established by the Small Business Administration (SBA).
I will be in Tampa, Florida on Friday, May 5 speaking at the 30th Annual Government Small Business Conference: Game Plan for Federal Contracting. I will speak on the topic of, “SBA Mentor Protégé Program” at 10:50 a.m. This session will provide an overview of the Mentor Protégé program and offer insights into how businesses of all types can take advantage of the program. This session is appropriate for businesses looking to develop their business and compete more successfully for federal government contracts.
Visit the Florida Small Business Development Center website for more information and registration.
Later this month, the GSA will issue a refresh to all GSA Multiple Award Schedules (MAS) to incorporate new provisions and clause updates. Even if you are already a GSA Schedule holder, keep reading – a bilateral modification will be issued for your contract.
On March 31, 2017, the United States Civilian Board of Contract Appeals (CBCA) dismissed a contractor’s claims against the Department of Veterans Affairs (VA) for a lack of jurisdiction, stating that the contractor should have secured a final decision from the General Services Administration (GSA) prior to filing its claim. According to the CBCA, since the dispute was over the terms of a GSA Schedule contract and not over contract performance, proper procedures call for a decision from the GSA Schedule contracting officer before the CBCA can weigh in on the dispute.
This week I will be in Tampa, Florida speaking at the two-day, interactive Florida GovCon Summit presented by Solvability. I will speak on the topic of, “Growing Your Business Through Joint Ventures” at 2 p.m. on Wednesday, March 29. Recent changes in federal regulations have presented businesses with options and strategies for growth, this session will consider how businesses should maximize those opportunities.
Additional program information is available here.
On January 30, the U.S. Government Accountability Office (GAO) issued its decision denying Concurrent Technologies Corp.’s (CTC) protest of the U.S. Navy’s award of a support contract for the Navy Manufacturing Technology Metalworking Center of Excellence program to Advanced Technology International (ATI). CTC alleged that ATI had an organizational conflict of interest (OCI) which stemmed from ATI’s role as a contractor providing procurement support services for the Department of Defense. CTC argued that as part of ATI’s procurement support work, it had access to CTC’s proprietary information resulting in ATI having an unfair competitive advantage in the procurement.
GAO denied CTC’s protest, finding that the Navy’s actions were reasonable and the award to ATI was proper. However, it is the lengths taken by the Navy, and upheld by GAO, which makes this protest interesting and potentially dangerous to contractors.
As previously reported, on July 22, 2016, the Small Business Administration (SBA) issued a final rule establishing a government-wide mentor-protégé program encompassing all small business concerns. Though effective as of August 24th, the SBA didn’t fully transition into the new system until November 2016. And as with any new program, in an effort to eliminate confusion and provide clarity for the program’s participants, the SBA has issued corrections to the rule.