Georgia Tech Procurement Assistance Center

Control system helps several drones team up to deliver heavy packages

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Many parcel delivery drones of the future are expected to handle packages weighing five pounds or less, a restriction that would allow small, standardized UAVs to handle a large percentage of the deliveries now done by ground vehicles.  But will that relegate heavier packages to slower delivery by conventional trucks and vans?

A research team at the Georgia Institute of Technology has developed a modular solution for handling larger packages without the need for a complex fleet of drones of varying sizes.  By allowing teams of small drones to collaboratively lift objects using an adaptive control algorithm, the strategy could allow a wide range of packages to be delivered using a combination of several standard-sized vehicles.

Beyond simplifying the drone fleet, the work could provide more robust drone operations and reduce the noise and safety concerns involved in operating large autonomous UAVs in populated areas.  In addition to commercial package delivery, the system might also be used by the military to resupply small groups of soldiers in the field.

Continue reading at:  Georgia Tech News Center

Five things you should know about past performance when teaming

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The government’s hard shift away from lowest-price, technically acceptable evaluations has magnified the importance of past performance in many competitive acquisitions.  For start-ups and other companies new to the federal marketplace, past performance requirements can present a significant barrier to success.

Oftentimes, companies with little or no past performance of their own can offer the past performance of another entity, such as a subcontractor or joint venture partner.  But the rules surrounding the use of another entity’s past performance are often misunderstood–and recently, the rules have evolved quickly.

Here are five things you should know about using the past performance of a subcontractor, joint venture partner, or affiliate.

Continue reading at:  SmallGovCon

5 things you should know: SBA’s recent 8(a) program updates

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SBA has been hard at work this past year updating its 8(a) Business Development Program rules and policies.  And we have been doing our best to keep you posted.  Many of our blog posts focused on SBA’s monumental November 2020 “rule overhaul,” which implemented several 8(a) rule changes.  But given the sheer magnitude of information in that final rule, it is pretty easy to lose track of which updates might affect you, as a potential 8(a) applicant or current 8(a) participant.  There were also some pretty important changes to the 8(a) Program just prior to and subsequent to SBA’s November 2020 final rule.

Suffice it to say, there is a lot to process!  So, we thought a quick summary blog on some of the most significant changes to the 8(a) Program of late might help you in that endeavor.  Without further ado, here are five things you should know about SBA’s recent 8(a) Program updates.

As an initial matter, please keep in mind that this blog does not provide an exhaustive list of the rule changes in SBA’s November 2020 final rule that may affect 8(a) Program admission or participation.  It is merely a simplified discussion of some of the big picture changes that have already received a lot of attention in the government contracting community.

Continue reading at:  SmallGovCon

SBA OHA: Ownership and control are not the same in the WOSB program

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A company learned the hard way that just because their business is majority-owned by a woman, it doesn’t mean they are a Women-Owned Small Business (WOSB) in the eyes of the SBA.  The question is one of both ownership and control.

The case is SBA No. WOSB-113.  In December 2016, Joint Information Network (JIN) submitted an offer for a contract to provide software engineering and database services in support of the U.S. Navy Naval Information Warfare Center (NIWC).  The contract was to be awarded directly to a WOSB on a sole-source basis.  The contracting officer (CO) awarded JIN the $30 million contract in January 2017.  The contract period for performance ended April 17, 2020, but, as of this decision, the contract was not closed.  When JIN submitted the offer, it was a partnership owned 60% by Ms. Jihong Jin and 40% by her father, Dr. Yahne Jin, per a partnership agreement from April 2016.  The partnership agreement also stated that no partner could enter into a contract for JIN without the approval of the other partner.  In other words, while Jihong was the majority owner, she and Yahne had to agree in order to have JIN sign any agreements.

Continue reading at:  SmallGovCon

DLA hosting aviation industry day virtual conference June 8th and 9th

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DLA is hosting an aviation industry day virtual conference on June 8th and 9th.  You can find more details on the DLA website here.

CONFERENCE DATES AND TIMES:

Tuesday, June 8
0800 – 1600 EST

Wednesday, June 9
0745 – 1400 EST

Why Attend?

OPPORTUNITIES.  DLA Aviation Industry Day is for manufacturers, dealers, distributors, consultants, and government officials.  Attendees will hear the latest on DLA Aviation programs.

KEYNOTE ADDRESSES.  Keynote speakers will address current topics impacting the supply chain along with opportunities on the horizon.

BREAKOUT SESSIONS.  Attend the multiple concurrent sessions addressing important topics in acquisition and supply chain for both DLA Aviation and companies within the industry.  Attendees will be using Zoom.gov as the conference interactive platform to attend any of the 14 scheduled sessions.

VIRTUAL EXHIBITION SPACE.  Small businesses will be able to showcase their companies with a link to their website, contact information, and a company description.  In addition, virtual exhibitors will be given the opportunity to share their own online meeting platform where conference attendees can visit real-time during Industry Day.

  • A link to your own company page with your company name, description, and contact information.
  • Opportunity to provide links to marketing videos (YouTube, Facebook, Vimeo, etc.), electronic flyers, or documents.
  • Live virtual booth link to your “Bring Your Own Booth” (BYOB) virtual platform  (i.e. Zoom, Webex, virtual chat, etc) to allow real-time engagement with attendees throughout the conference.

WHERE TO REGISTER:  https://www.dla.mil/Aviation/Business/IndustryResources/Events/

Five things you should know about responding to size protests

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There are many things to know about responding to size protests.  One could probably fill a book with the information.  But if you need to know just the basics, here are five things you should know about size protests that can help you be prepared if your company is facing a size protest.

1. The response time is short.

Normally, your company only gets three business days to respond.  So, be sure to work quickly to put together as much information as possible in that short amount of time to respond to the size protest allegations and any additional questions from SBA, while also completing the Form 355.  It’s also a good idea to have these records (such as tax returns or employee count documents) handy so that you can respond quickly.

2. But you can ask for an extension.

The SBA Area Office will often grant an extension and allow you to submit your response electronically.  Indeed, the SBA’s rules state that SBA may grant an extension.  It used to be that the SBA Area Office would require a paper copy of the response, but many Area Offices will accept submission by electronic means.  Regardless, be sure to reach out to the Area office as soon as possible to request a specific extension and to confirm that electronic submission is allowed.  While not required, the Area Office will often grant these short extension requests.

Continue reading at:  SmallGovCon

GAO holds solicitation requirement violates SBA’s regulations regarding small business mentor-protégé joint ventures

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In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation, as the solicitation impermissibly required that a protégé and mentor in a joint venture have the same level of experience as other offerors.  This is an important decision for companies that are parties to a joint venture, and a reminder to carefully review a solicitation’s requirements before submitting a proposal.

As relevant background, the Small Business Administration (SBA) revised its regulations in November 2020.  Prior to November 2020, SBA’s regulations provided that, in evaluating proposals submitted by a joint venture, agencies must consider the past performance of the joint venture entity itself and each party to the joint venture.  Effective November 16, 2020, this provision was expanded to include capabilities, experience, business systems, and certifications.  SBA explained that while a small business protégé should have some experience in the type of work to be performed, “it is unreasonable to require the protégé concern itself to have the same level of past performance and experience (either in dollar value or number of previous contracts performed, years of performance, or otherwise) as its large business mentor.”  Consolidation of Mentor-Protégé Programs and Other Government Contracting Amendments, 85 Fed. Reg. 66146, 66167 (Nov. 16, 2020).

Continue reading at:  JD Supra

See also, this Small GovCon article:  https://smallgovcon.com/gaobidprotests/gao-solicitation-cannot-require-a-protege-have-the-same-experience-as-its-mentor/

Virginia businessman sentenced for bribery of FBI official

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Robert Bailey, 63, of Centreville, Virginia, was sentenced to 18 months in federal prison for paying a bribe to a public official, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today.  U.S. District Judge B. Lynn Winmill also imposed a $100,000 fine and a term of three years of supervised release to follow Bailey’s prison sentence.

“When private individuals perform contracts for the government, they effectively become public servants who must uphold a public trust,” said Gonzalez.  “Mr. Bailey breached that trust and now faces the consequences of his actions.  The Court’s 18-month sentence sends the appropriate message to Mr. Bailey and other similarly-situated government contractors: take the public trust seriously or wind up behind bars.”

“Bailey bribed an FBI Contracting Officer Representative in order to gain personal advantages in the contracting process.  Today’s sentencing shows that those who seek advantages through disingenuous means like bribes will be held accountable,” said Douglas B. Bruce, Special Agent in Charge of the Department of Justice Office of the Inspector General Denver Field Office.

According to court records, in 2001, Bailey purchased L-1, a construction management and operations company located in Chantilly, Virginia.  In 2008, Bailey became a business acquaintance of a Federal Bureau of Investigation (FBI) employee when they worked together on an FBI construction project.  The FBI employee, who held the position of Management and Program Analyst, was responsible for managing construction and services contracts for FBI buildings across the country.

Continue reading at:  U.S. Department of Justice

SBA extends the HUBZone map freeze to June 30, 2023

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Recently, the Small Business Administration (SBA) issued a direct final rule extending the HUBZone map freeze from December 31, 2021, to June 30, 2023.  The direct final rule (available here) takes effect on June 21, 2021.  This is the latest in a series of developments for the HUBZone Program in 2021; read PilieroMazza’s previous coverage on the developments impacting the HUBZone Program here and here.

Several years ago, SBA froze the HUBZone maps until December 31, 2021, to ensure that firms would have enough time to plan after seeing how the results of the 2020 Census would impact the HUBZone maps.  However, due to the pandemic, the 2020 Census results are behind schedule and SBA does not expect to have the data it needs until December 2022.  Therefore, to ensure HUBZone firms have enough time to plan around the new HUBZone maps based on the 2020 Census data, SBA’s direct final rule will keep the HUBZone maps “on ice” until June 30, 2023.  Pushing back the anticipated “thaw” for another 1.5 years will give SBA time to incorporate the 2020 Census data into the HUBZone maps and then provide adequate notice to the HUBZone small business community.

Continue reading at:  PilieroMazza

Novation agreements under federal contracts

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A unique aspect of doing business with the federal government is the built-in limits on a contractor’s right to assign the contract or the right to payment under the contract to third parties. The Anti-Assignment Act (41 U.S.C. § 6305) prohibits the transfer of a government contract or interest in a government contract to a third party.  An assignment of a contract in violation of this law voids the contract except for the Government’s right to pursue a breach of contract remedies.  What’s a contractor to do when it is acquired/merged with another firm, is restructured, or goes through a variety of other types of corporate transaction?  The Federal Acquisition Regulations recognize that firms involved in government contracts get bought and sold from time to time and include procedures for the novation of contracts in certain situations to avoid a potential violation of the Anti-Assignment Act.

Continue reading at:  Husch Blackwell

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