GovConJudicata 2019: Thank You for Your Readership!

December 31, 2019

45th Post + 17 Weekly Debriefs = 62 Pieces of Content for GovCons!

 

It was a busy, inaugural year for GovConJudicata.  The blog started with a simple mission: to provide news, insights, and legal analysis to the government contracting space.  

 

In August, I launched the GovConJudicata Weekly Debrief series to keep you current with govcon news around the DC Beltway and beyond.  

 

Tomorrow, I will officially [re]launch CyberJudicata as a stand-alone blog that will focus on providing news, insights, and legal analysis to the cybersecurity and privacy space. 

 

I'm looking forward to providing more content in 2020, including on Twitter/Twitter!

 

Thank you for your readership!

 

Josh

 

 

Below are the 2019 GovConJudicata posts, excluding Weekly Debriefs.

 

 

December

  • The (Space) Force Awakens

    • "Last night, the President signed the National Defense Authorization Act ("NDAA") for Fiscal Year 2020 at Joint Base Andrews. The 2020 NDAA creates the the U.S. Space Force, the sixth branch of the U.S. military. The Space Force is America's first new military service since the passing of the National Security Act of 1947, which created the U.S. Air Force from the U.S. Army Air Corps."

  • DoD Publishes CMMC Draft Version 0.7

    • "The Department of Defense ("DoD") recently published its Draft Cybersecurity Maturity Model Certification ("CMMC") Version 0.7 (dated December 6, 2019)."

  • SBA Size Standards: 5-Year Lookback Effective January 6, 2020

    • ​"Today, the U.S. Small Business Administration ("SBA") issued its final rule implementing the Small Business Runway Extension Act of 2018, Public Law 115-324, which was signed into law on December 17, 2018. The final rule changes the lookback period from a three-year averaging period to a five-year averaging period for purposes of calculating the size of a small business under receipts-based size standards."

 

 

November

  • SBA Publishes Revised HUBZone Rules

    • ​"Today, the U.S. Small Business Administration ("SBA") published its final rule amending the Historically Underutilized Business Zone ("HUBZone") Program regulations. This is the first comprehensive regulatory amendment to the HUBZone Program in more than twenty years. The amendments are designed to 'reduce the regulatory burdens imposed on HUBZone small business concerns and government agencies, implement new statutory provisions, and eliminate ambiguities in the regulations.'"

  • GAO Report: DoD Prototype OTAs Have Increased

    • ​"On Friday, November 22, 2019, the U.S. Government Accountability Office ("GAO") published a report on the Department of Defense's ("DoD") use of prototype other transactions agreements ("OTA") from Fiscal Years ("FY") 2016 through 2018, including 'the extent to which agreements officers followed established review processes before awarding selected transactions.'"

  • SBA Proposes to Eliminate the 3-Contract Limit for Joint Ventures

    • "For many small businesses, forming a joint venture ("JV") can be a great way to compete for larger government contracts. Indeed, combining technical capabilities or past performance can unlock revenue for JV members. Yet, with all of the upside, there are some issues that can be particularly troublesome."

  • SBA Seeks Comments on JV Facility Security Clearance Issue

    • "As many small business government contractors know, forming a joint venture ("JV") can be a great way to compete for government contracts. Indeed, combining technical capabilities or past performance can unlock revenue not otherwise available to each JV member individually. Yet, with all of the upside, there are some issues that can hinder a JV's chances of success."

  • RFP Amendment Adds Page Limitation, Contractor's Violation Sinks Proposal

    • ​"Government contracting is a challenging yet lucrative business model. First, contractors often face stiff competition in this $550 billion marketplace. And second, it also requires contractors to be familiar with an extensive––and complex––legal and regulatory framework under which Federal agencies procure goods and services."

  • Upcoming Webinar: Bid Protest Trends, Developments, and Issues

    • ​"On November 19, 2019, Joshua Duvall will be speaking along side a panel of industry experts on bid protest trends, developments, and issues."

  • DoD Releases Draft CMMC v0.6

    • ​"Today, the Department of Defense ("DoD") posted its Draft Cybersecurity Maturity Model Certification ("CMMC") Version 0.6 (dated November 7, 2019)."

  • GAO Publishes its Bid Protest Annual Report to Congress for FY 2019

    • ​"On November 5, 2019, the U.S. Government Accountability Office ("GAO") submitted its Bid Protest Annual Report to Congress for Fiscal Year 2019. The Report, which is mandated by the Competition in Contracting Act of 1984 ("CICA"), 31 U.S.C. § 3554(e)(2), requires GAO to provide Congress with: (1) "each instance in which a federal agency did not fully implement a recommendation made by our Office in connection with a bid protest decided the prior fiscal year," (2) "each instance in which a final decision in a protest was not rendered within 100 days after the date the protest is submitted to the Comptroller General[,]" and (3) "a summary of the most prevalent grounds for sustaining protests” during the preceding fiscal year. [1]"

  • Trump Revokes Nondisplacement of Qualified Workers EO 13495

    • "On October 31, 2019, President Trump signed Executive Order ("EO") 13897, which revoked EO 13495 (Nondisplacement of Qualified Workers Under Service Contracts). As many might recall, EO 13495 required Federal contractors to offer a right of first refusal of employment to "qualified" service employees [1] (other than managerial and supervisory employees) employed under an incumbent contract. [2]"

 

 

October

  • Contractor Noncompliance with Excel Filetype Requirement Sinks Proposal

    • ​"Contractors know all too well how challenging it is to win a government contract. From business development to capture, the process is labor intensive, costly, and complex. When the decision to bid is made, the path only becomes steeper, as contractors must not only submit a technically superior solution at "the right price" but also must ensure that their proposal complies with all of the stated solicitation requirements along the way."

  • SBA OIG Report: The Most Serious Management and Performance Challenges Facing SBA in FY 2020

    • "On Friday, October 11, 2019, the Small Business Administration Office of Inspector General ("SBA OIG") published its Report on the Most Serious Management and Performance Challenges Facing SBA in FY 2020. While the Report focuses on significant issues, its objective is to enhance the effectiveness of SBA's programs and operations."

  • Proposed Rule: FAR Limitations on LPTA Source Selection Process

    • ​"Today, the Department of Defense ("DoD"), General Services Administration ("GSA"), and the National Aeronautics and Space Administration ("NASA") have published a proposed rule to amend the Federal Acquisition Regulation ("FAR") to provide limitations on the use of lowest price technically acceptable ("LPTA") source selection procedures."

  • GAO Report: Information on Agencies' Use of the Lowest Price Technically Acceptable Process

    • ​"On September 26, the Government Accountability Office ("GAO") published a report on lowest price technically acceptable ("LPTA") procurements. Notably, the study was published on the same day as the Department of Defense ("DOD") published its final rule restricting the use of LPTA procurements (discussed here)."

 

 

September

  • Debriefing Quick Tips

    • ​"The end of FY2019 is around the corner, which means countless government contractors have recently received, or are patiently waiting to receive, an award decision from a Federal agency. Likewise, some contractors are also waiting for their opportunity to receive a debriefing."

  • DoD Issues Final Rule Restricting Use of LPTA Source Selection Procedures

    • ​"Today, the Department of Defense ("DoD") issued a final rule amending the Defense Federal Acquisition Regulation Supplement ("DFARS") to implement portions of the FY2017 and FY2018 National Defense Authorization Act ("NDAA"), which provide limitations and prohibitions on DoD's use of lowest price technically acceptable ("LPTA") source selection process."

  • GAO Report: Awards to Mid-Sized Businesses and Options for Increasing Their Opportunities

    • "On September 19, the U.S. Government Accountability Office ("GAO") publicly released a 54-page report on federal contracting opportunities for mid-sized government contractors. [1] The report was requested by the House Committee on Small Business after it learned that there is minimal data on what happens to contractors in the federal marketplace after they exceed their small business size standards."

  • GSA Fact Sheet: FBO Moving to SAM

    • "As many contractors are aware, Federal Business Opportunities (f/k/a "FedBizOpps" or "FBO") is being decommissioned and its functionality will be transitioned to beta.SAM.gov on or about November 8, 2019."

  • GAO: Agency Properly Found SDVOSB Ineligible Due to Issue With Corporate Name Change

    • ​"Recent GAO protest provides cautionary reminder to service-disabled veteran-owned small businesses ("SDVOSB")––as well as other government contractors––on one of the issues that contractors need to consider when changing your company's name."

  • GAO, SBA OHA: Contractors Should Use Three-Year Average to Calculate Size

    • "In the last month, both the Government Accountability Office (“GAO”) and the SBA Office of Hearings and Appeals (“SBA OHA”) have separately ruled that, for the purpose of calculating size under receipts-based size standards, contractors must continue to use a three-year averaging period, rather than a five-year averaging period, until the SBA concludes its rulemaking."

  • DoD Publishes Draft CMMC v0.4

    • ​"Yesterday, the Department of Defense (DoD) published its Cybersecurity Maturity Model Certification (CMMC) Draft Version 0.4 (dated August 30, 2019). [1]"

 

 

August

 

 

July

 

 

June

 

 

May

 

 

April

 

 

March

 

 

January

  • NAICS Code Appeals (and the One-Shot Rule)

    • ​"For small businesses, entering into the world of federal procurement is often viewed as a costly, complex endeavor. This is due, in part, to the myriad of laws and regulations governing federal procurement. Compliance can be both laborious and expensive. But, familiarity with this vast regulatory regime can occasionally bear a competitive advantage for some small businesses. One such example is intertwined with North American Industry Classification System (NAICS) codes––or, more specifically, NAICS code appeals."

 

 

. . .

 

#govconjudicata #govcon

 

 

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