Bass, Berry & Sims attorney Richard Arnholt provided insight into delays to the procurement timeline in the Department of Defense’s (DoD) important $10 billion "JEDI" cloud procurement due to pending and potential protests.I recently provided insight into delays to the procurement timeline in the Department of Defense’s (DoD) important $10 billion “JEDI” cloud procurement due to pending and potential protests.

In a recent court filing, DoD said it would not award the contract until at least July 19, but the resolution of Oracle’s pending suit, as well as other potential related actions, may push the award and implementation dates out past this summer.

Continue Reading Protest Challenges for the Defense Department’s “JEDI” Cloud

I am excited to be presenting, “Realizing the Desired Reward on Exit,” at the National Defense Industrial Association (NDIA) New England Chapter’s Getting Your Government Contract Business from Spring to Summer event on May 22, 2019 in Burlington, Massachusetts.

This advanced workshop will provide benefit across the spectrum from firms providing services to the federal sector and prime contractors, research-centric entities that rely on government grants and research contracts, and component manufacturers that develop and make products embedded in integrated platforms.

In an article published on April 9, 2019 in CO—, a new digital platform by the U.S. Chamber of Commerce, I provided insight on the process of securing federal contracts for small businesses.

Once a business has searched for contracting opportunities and has completed all the necessary registration requirements, it can begin bidding on contracts. Though before bidding, it is important that the company can handle the job the contract requires and that it can meet all of the regulatory requirements – otherwise the contract could ultimately be terminated. “Don’t overpromise in your technical proposal, that becomes part of your contract and you’re going to have to deliver to those technical specs,” I explained.

Additionally, the proposal should include pricing information and according to Todd, the company will want to be realistic and not overcharge while also keeping in mind that the government sometimes chooses the best value over the lowest price.

Continue Reading Government Contracts Process for Small Businesses

What are "secondary sanctions"? How do they enforce U.S. sanctions & embargoes against non-U.S. parties? Thad McBride explains to the Society of Corporate Compliance and Ethics. Read more.I recently discussed how the United States uses “secondary sanctions” to enforce U.S. sanctions and embargoes against non-U.S. parties. Under secondary sanctions, the U.S. government restricts U.S. companies and individuals from conducting business with non-U.S. companies and individuals because of those parties’ affiliation with a sanctioned business or person.

As I explained, “[Secondary sanctions] are an example of U.S. extraterritorial jurisdiction at its most extreme. Even if there is no U.S. actor, no goods or parts of U.S. origin, no direct connection whatsoever, the U.S. wants to nevertheless strongly discourage non-U.S. companies from doing business with [sanctioned entities] by, for example, restricting their access to the U.S. market.”

Continue Reading Secondary Sanctions in Trade Compliance

I am excited to participate in the “Best Practices for Growing Your Business Through Joint Ventures and Mentor-Protégé Strategies” panel during the East Tennessee Small Business Growth Conference on April 10, 2019 in Clinton, TN.

Visit the event page for more information and registration.

JD Supra Names Todd Overman 2019's Top Author in Government ContractingI am proud to have been named a top author in JDSupra’s 2019 Readers’ Choice Awards for my thought leadership in the government contracting space.

In addition, the post COFC Decision Foreshadows VA Proposed Rule on Service-Disabled Veteran-Owned Small Business Eligibility Rules was one of last year’s top read articles.

Continue Reading JD Supra Names Todd Overman “Top Author” in 2019 Reader’s Choice Awards

Don't miss the presentation: The Current State of M&A at AMIS Summit 2019’s Government Contract Industry Forum.

I’m very pleased to share that I will be presenting at the JAMIS Summit 2019’s Government Contract Industry Forum. My presentation will focus on the current state of M&A within the industry.

The JAMIS Summit gathers experts within the finance/accounting, program/project management, purchasing, business development, human resources, and executive leadership arenas to network, learn and exchange insight on current trends and industry knowledge.

Continue Reading The Current State of M&A in the Government Contract Industry

Late last month, the Small Business Administration’s (SBA) Office of Hearings & Appeals (OHA) issued a decision adhering to its prior line of cases discussing when present effect will be given to an indication of interest (IOI) between a small business and its potential large business acquirer for size determination purposes.  As with prior cases, OHA conducts a fact-intensive analysis to determine whether the parties had an agreement in principle at the time the small business submits its bid on a federal procurement.  The case, Size Appeal of Enhanced Vision Systems Inc., SBA No. SIZ-5978, offers some helpful tips on how to avoid an affiliation finding when negotiating an IOI and still pursuing small business set-aside opportunities.

Background

On October 5, 2017, the U.S. Department of Veterans Affairs, Office of Acquisition Operations – Strategic Acquisition Center (VA) issued a small business set-aside RFP for in-home video magnification closed-circuit televisions.  The solicitation had a 1,250 employee size standard.  Proposals were due on December 12, 2017.  Enhanced Vision Systems, Inc. (EVS) timely submitted its proposal and was subsequently acquired by Freedom Scientific, Inc., a subsidiary of VFO Holdings, BV.  The contracting officer notified bidders that EVS was the apparent successful offeror.  In response, FedBiz IT Solutions LLC (FedBiz), an unsuccessful offeror, challenged the awardee’s size arguing that EVS had already entered into negotiations at the time of its initial offer, and therefore should be considered affiliated with VFO, the acquiring large business.  The Area Office sustained the protest, finding EVS and VFO affiliated, and therefore exceeded the employee size standard for the procurement.

Continue Reading SBA OHA Clarifies Present Effect of “Indications of Interest” When Determining Size Status

Taylor Hillman and I recently discussed how small Alabama businesses can enter the world of federal contracts. The All Small Mentor-Protégé Program (ASMPP) was established by the Small Business Administration (SBA) to extend business development assistance to all small businesses and help them achieve success in competing for federal government contracts. Only 20 of the 511 approved Mentor-Protégé Agreements had Alabama addresses as of May 5, 2018, despite one of the ASMPP’s top 10 district offices being located in Alabama, showing the potential for growth of the program within the state.

The SBA created an all-inclusive program with the Service Disabled Veteran Owned Small Businesses, Women Owned Small Businesses, HUBZones, and others, to streamline and enhance the program. Protégés can learn valuable lessons from mentors, including financial support; assistance in navigating the federal procurement bidding, acquisition and performance processes; business development advice including strategic planning and opportunity identification; and guidance on internal business management systems. Continue Reading Small Business Entry into Alabama Government Contracts Space

On February 15, 2019, the Government Accountability Office (GAO) issued a consequential decision for those contractors who will compete for federal contracts as part of a mentor-protégé joint venture.  In Ekagra Partners, LLC, B-408685.18, Feb. 15, 2019, the GAO partially sustained the protest on the basis of an improper limitation on the submission of teaming agreement member past performance, and partially denied the protest finding that agencies can limit the number of past performance experience projects that can be submitted in a mentor-protégé joint venture’s proposal in reliance on a large business mentor firm.

In Ekagra, the protestor challenged the terms of the request for proposals (RFP) seeking to award additional Multiple Award Task Order Contracts (MATOCs) under the General Services Administration’s (GSA) One Acquisition Solution for Integrated Services (OASIS) Small Business (SB) Pool 1.  OASIS SB Pool 1 MATOC covers a wide variety of professional services including, but not limited to, consulting, logistics, engineering, scientific, management consulting, project management, and other professional services.

Continue Reading GAO Decision Limits Consideration of Mentor’s Past Performance in a Mentor-Protégé Joint Venture

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

Thought Leadership by our Attorneys.