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).

Continue Reading GAO Review Calls for Greater Oversight of DoD’s “Pilot” Mentor-Protégé Program

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.

Continue Reading April Showers Bring Mass Mods: New GSA Schedule Refresh and Mass Modification

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.

Continue Reading Agency First! – CBCA Refuses Jurisdiction over Contractor’s Challenge of Wage Rate Adjustments Despite Final Decision from Contracting Officer

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.

Continue Reading GAO Upholds Waiver(s) of OCI Allegations

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.

Continue Reading UPDATE: SBA Clarifies Profit Percentages for Joint Ventures under the Small Business Mentor-Protégé Program

The FAR Council issued a final rule on December 20, 2016, amending the Federal Acquisition Regulation (FAR) to add FAR Subpart 24.3, requiring privacy training for all contractor employees who (1) access a system of records; (2) handle personally identifiable information (PII); or (3) design, develop, maintain, or operate a system of records. A “system of records” is a “group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.” 5 U.S.C. § 552a(a)(5); FAR 24.101.

Continue Reading The FAR Council Wishes Contractors a Happy New ‘Privacy Training’

We authored a chapter in the Court of Federal Claims: Jurisdiction, Practice, and Procedure, a comprehensive treatise focused exclusively on practice before the United States Court of Federal Claims, with detailed discussion and analysis of all areas of the court’s jurisdiction. Our chapter was titled, “Congressional Reference Cases”, which discusses the unique role the Court of Federal Claims plays for Congress in resolving matters referred via private bills.

For more information about the book and to order a copy, click here.