Georgia Tech Procurement Assistance Center

Before you bid on a government contract: The crucial details you need to know

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Bidding on government contracts can seem overwhelming, but asking yourself five critical questions can help you prepare.

The U.S. government may be known as the “world’s largest customer,” but selling to them is anything but simple. There are complex and detailed processes necessary for bidding on contracts, and rightly so. In fiscal year 2013, small businesses received 23 percent of government contracts, valued at around $83 billion. With that amount of funding at stake, straight-from-the-source advice for competing can be invaluable.

The American Express OPEN for Government Contracting: Success Series conference in Atlanta brought together entrepreneurs and speakers from government agencies to share first-hand stories, tips and advice to help small businesses pursue federal contracts.

During the session Where to Begin: Government Contracting 101, speakers from the Georgia Institute of Technology and the Small Business Administration shared a detailed synopsis of how small businesses could gain initial traction.

Keep reading this article at: https://www.americanexpress.com/us/small-business/openforum/articles/bid-government-contracts-crucial-details-need-know/

Establishing prejudice in an LPTA protest

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Low-priced, technically acceptable procurements (LPTA) shine a light on a contractor’s ability to provide the required services at the lowest possible cost to the government.

Leave your style points at home.  It is all about getting lean to win the award.

But when the evaluation is that simple, is there any room to challenge an LPTA award decision?

The answer is Yes — and a recent GAO protest offers some important insights into best practices.

The protest concerned an Air Force contract to provide tactical recovery kits.  Covering both LPTA bases, the protester argued that the agency:

  1. Unreasonably found the awardee technically acceptable, and
  2. Conducted inadequate discussions concerning price.

Keep reading this article at: https://governmentcontracts.foxrothschild.com/2018/08/articles/bid-protests/establishing-prejudice-in-a-lpta-protest

5 questions answered about size protests

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Wouldn’t you like to know five things about size protests and appeals?

Matthew Schoonover, partner at Koprince Law LLC, recently wrote an interesting article about size protests, specifically answering five questions you need to know about.  These are the questions he posed:

  1. What is a size protest?
  2. Who can challenge a company’s size?
  3. How are size protests decided?
  4. Can I appeal an adverse size determination?
  5. What else should I know about size protests and appeals?

Click here to read the answers to these questions: http://smallgovcon.com/five-things/size-protests-and-appeals/

Strict notification and disclosure requirements apply to defense contractors

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Businesses that seek to obtain and preserve contracts with the United States government, or to deal in certain enumerated defense articles and services, are subject to strict privacy regulations imposed by the U.S. government.

For those under contract (or subcontract) with the U.S. Department of Defense (DoD), the Defense Federal Acquisition Regulation Supplements (DFARS) place stringent minimum security requirements and reporting obligations that must be met, otherwise a business could face financial penalties or termination of its contract.

Businesses that export and import defense articles or services and related technical data must comply with the International Traffic in Arms Regulations (ITAR), which comprise approval, registration and records maintenance requirements. If a violation of ITAR is voluntarily reported, the penalties imposed by the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) can be reduced.

Businesses subject to DFARS and ITAR should have a compliance program in place that includes an appropriate response to any security incident.

Keep reading this article at: https://www.lexology.com/library/detail.aspx?g=d5fda8c7-68e4-4a1c-a4f5-7e387e51741d

Yes, an agency can change the NAICS code from one iteration of a contract to the next

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Click image above to open SBA’s Size Standards table.

As the incumbent contractor, you’re excited to bid on the successor contract.  The day it’s posted, you dash to fbo.gov, pull up the solicitation, and breathe a sigh of relief: the contract is still exclusively a small business set-aside.

But wait!  Under the assigned NAICS code your business doesn’t fall below the size standard.

Can the agency change the NAICS code from one iteration of the contract to another?  Sure, so long as the selected NAICS code meets the regulatory standard.

In NAICS Appeal of STG, Inc., SBA No. NAICS-5936 (2018), OHA considered a solicitation, issued by the Department of the Army, for “[n]on-personal information technology (IT) services and support requirements.” The contracting officer assigned the procurement NAICS code 541513, Computer Facilities Management Services, which carries a $27.5 million size standard. STG, the incumbent contractor, disagreed with that selection. It contended that the NAICS code, assigned to the existing contract, was the correct one, namely NAICS code, 517110 (now NAICS code 517311), Wired Telecommunications Carriers, with a 1,500-employee size standard.

Keep reading this article at: http://smallgovcon.com/uncategorized/yes-an-agency-can-change-the-naics-code-from-one-iteration-of-a-contract-to-the-next/

SBA reiterates that VetBiz verification is not required for non-VA SDVOSB contracts

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Despite a longstanding and very common misconception, the VA’s SDVOSB verification requirement doesn’t apply to non-VA SDVOSB contracts.

As the SBA Office of Hearings and Appeals recently reiterated, it was “simply not correct” to believe that a company was required to be verified in VetBiz to be awarded a non-VA SDVOSB contract.

Confusingly, the federal government currently runs two SDVOSB programs: one under the VA’s rules and the other under the SBA’s.

Keep reading this article at: http://smallgovcon.com/service-disabled-veteran-owned-small-businesses/vetbiz-verification-not-required-for-non-va-sdvosb-contracts-sba-oha-reiterates/

OSHA releases free silica compliance tools for contractors

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In an effort to help construction contractors comply with its new Respirable Crystalline Silica Standard for Construction, the Occupational Health and Safety Administration (OSHA) has released instructional videos and other free educational materials about the topic.

Some of the aids provided by the agency, Safety + Health reported, are a customizable slideshow presentation to help employers train construction workers; a short YouTube video about how to protect employees from silica dust; a video series on dust control methods for common construction tasks; and a website with answers to frequently asked questions.

The rule went into effect for the construction industry on Sept. 23, 2017, but OSHA delayed full enforcement by a month to Oct. 23, 2017, giving employers more time to comply and the agency more time to develop detailed enforcement guidelines.

The deadline for laboratory evaluation of exposure samples started on June 23, 2018.

Keep reading this article at: https://www.constructiondive.com/news/osha-releases-free-silica-compliance-tools-for-contractors/530864/ 

5 tips for making winning bids

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After spending 30 years in the software business, Greg Mills was seeking a new challenge. That’s why two years ago, he acquired a brass and metal-fixtures manufacturer near Phoenix and renamed it M3 metals. He’s spent the majority of that time seeking ways to modernize and streamline the company, so it can find new customers in the increasingly competitive construction industry.

He isn’t alone. In fact, 34 percent of construction companies said their biggest challenge in their first through fourth years in business was finding new customers, according to a Kabbage® study. That’s more than the 30 percent combined who said they were most concerned with managing cash flow, dealing with regulations, and finding and retaining employees.

Keep reading this article at: https://www.constructiondive.com/news/5-tips-for-making-winning-bids/530192/

Construction contract disputes are getting longer, more complex

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Construction contract disputes across the world are getting longer, more complex and more expensive, according to the “Global Construction Disputes Report 2018” from design and consultancy firm Arcadis.

The value of North American disputes — or total costs added to a project for the additional work being claimed — dropped for a fourth consecutive year to $19 million in 2017, compared with the $43 million global average, the report found. Meanwhile, the average length of North American disputes increased from 15.6 months in 2016 to 17.7 months last year, exceeding the global average of 14.8 months.

Contract errors and/or omissions were the top cause of disputes in North America last year, followed by poor contract administration, which was trailed by failure on the part of an owner, contractor or subcontractor to understand or comply with contractual obligations.

Social infrastructure and the public sector collectively saw the most disputes while the transportation sector saw the second most.

Keep reading this article at: https://www.constructiondive.com/news/report-contract-disputes-are-getting-longer-more-complex/527970/

What to expect from OTA protests and disputes

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Ready or not — federal agencies are increasingly utilizing “other transactions authority” (OTA) to craft agreements that are not subject to traditional procurement laws and therefore should, in theory, allow the government greater access to innovative solutions.

While the goal of OTA procedures may be to avoid bottlenecks inherent in procurement under the Federal Acquisition Regulation, in the end they may result in valuable contracts with the government. As with any such contracts, it is inevitable that disputes will arise during their formation and administration.

While there is very little precedent relating to protests of OTA awards or claims arising under OTA-awarded contracts, there are some fundamental principles and analogous decisions that suggest how this early history of OTA protests and claims may unfold.

This article attempts to portray the current landscape for protests of OTA awards and contract claims arising during performance of an OTA agreement.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=721778

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