8(a) | The Contracting Education Academy

March 15, 2021 By cs

2021 NDAA includes numerous provisions impacting government contracts

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. No. 116-283) was enacted into law on January 1, 2021, when the Senate voted to override President Trump’s veto of the bill.

The Senate’s move, the final step in the legislative process, followed the House’s earlier vote to override President Trump’s veto in December 2020.

The FY21 NDAA sets funding levels and outlines policy priorities for the U.S. Department of Defense (DoD). It also addresses many areas of importance to government contractors, including acquisition policy and management, supply chain and industrial base matters, and small business issues. The final version of the NDAA produced by negotiators on the Conference Committee included provisions from earlier House and Senate versions, which we summarized in an earlier article.

This article includes our annual summary, by topic, of the most relevant provisions of the FY21 NDAA for government contractors. As detailed below, some of the provisions from the earlier House and Senate versions of the NDAA that we highlighted in our previous article were not accepted into the final version. As we’ve previously summarized, the NDAA also includes numerous provisions addressing cybersecurity and artificial intelligence policies with ramifications far beyond DoD, including implementing recommendations from the Cyberspace Solarium Commission’s 2020 Report.

Keep reading this article at: https://www.jdsupra.com/legalnews/national-defense-authorization-act-for-5444697/

February 22, 2021 By cs

Why systemic bias exists in government contracting programs

President Joe Biden issued an executive order to advance racial equity and support underserved communities.

The executive order promotes racial equity and emphasizes that advancing that ideal requires a systemic approach to embedding fairness in the decision-making process; it encourages agencies to recognize inequities in their policies and programs and work to redress them. Agencies are required to assess whether and to what extent their programs and policies perpetuate systemic barriers to opportunities and benefits for underserved communities.

The underlying emphasis here is that programs and initiatives that are meant to support, grow and allow the underserved communities to prosper are often hindered, and obstacles are created which prevent the full impact of the programs to be realized.

Too often, congressional initiatives to support underserved communities are implemented in regulations, programs, procedures and processes in such a way that all but neuter the intended outcomes. At best, under the mantra of ensuring that the benefits flow to the intended recipients, well-intentioned civil servants implement the programs in such a way to “protect” the underserved either from themselves or from would be charlatans, thus negating or totally eliminating the intended impact. At worst, maligned bureaucrats can’t stand by and witness government programs generate wealth for minorities and the underserved communities, and thereby create procedural roadblocks, hurdles and sand traps.

There are countless examples of the above, but I will provide one for illustrative purposes. Consider the intended benefits of the Small Business Administration’s 8(a) Business Development Program.

Keep reading this article at: https://federalnewsnetwork.com/commentary/2021/02/why-systemic-bias-exists-in-government-contracting-programs/

January 28, 2021 By cs

8(a) participants to receive one-year extension through COVID-19 bill

Congress has included in the new COVID-19 relief bill a one-year extension of the term for participation in the 8(a) Program.

Under the provision, any small business concern participating in the 8(a) program on or before September 9, 2020 may “elect to extend such participation by a period of 1 year.”

This is good news, especially for those concerns in their last year of viability in the 8(a) program who may have felt shortchanged from COVID’s effects on the economy.

This provision is found under Section 330 of the “Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act” (Division N, Title III of the “Consolidated Appropriations Act, 2021”). The Consolidated Appropriations Act, 2021 was passed on December 27, 2020. If you’re trying to find it, it’s at page 2183 of the 5593-page (!) law.

Keep reading this article at: https://smallgovcon.com/8a-program/8a-participants-to-receive-one-year-extension-through-covid-19-bill/

January 21, 2021 By cs

GSA kicks starts 2021 with an acquisition potpourri

When it comes to federal procurement, the General Services Administration takes no off days.

While the GSA’s Federal Acquisition Service employees will never be mistaken for elite athletes — where this concept of no days off comes from — they aren’t wasting any time setting up 2021 to be a busy year for contractors and for new governmentwide acquisition contracts.

In the span of two weeks, GSA released the draft solicitation for Polaris, the small business GWAC to replace the debacle that was Alliant 2 Small Business as well as two requests for information — one for artificial intelligence and machine learning capabilities, and one to develop a new professional services vehicle.

These initial pieces of market research or acquisition strategy planning come as GSA already is reviewing bids for spots under the 8(a) STARS III GWAC and the ASTRO program. GSA expects to make awards for both of these programs in spring 2021 or thereabouts.

Keep reading this article at: https://federalnewsnetwork.com/reporters-notebook-jason-miller/2021/01/gsa-kicks-starts-2021-with-an-acquisition-potpourri/

January 8, 2021 By cs

Judge rules that lying about 8(a) eligibility violates False Claims Act

Another court has joined the growing chorus of judges who are singing the same tune on set-aside fraud: when a government contractor lies about its eligibility for a set-aside contract, it violates the False Claims Act, and can be sued by either the Department of Justice or a whistleblower.

The new case is United States ex rel. Montes v. Main Building Maintenance Inc., and the decision was issued on December 22, 2020, by Judge Jason Pulliam of the Western District of Texas.

This is a qui tam case brought under the False Claims Act by a whistleblower, or “relator” as it’s called under that statute. The relator alleges that two parents, Robert and Elvira Ximenes, created a company, JXM, to bid on government contracts reserved (or, in technical terms, “set aside”) for contractors that qualified for the so-called “8(a) Business Development program” for small businesses that are owned by “socially and economically disadvantaged people or entities.”

To qualify for such set-aside contracts, the business must first be “certified” as eligible by the Small Business Administration (SBA). And to be eligible for such certification, the business must make a series of representation to SBA about who both owns the business, and who controls the business.

Keep reading this article at: https://www.natlawreview.com/article/federal-judge-texas-rules-lying-about-eligibility-8a-business-development-program

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. No. 116-283) was enacted into law on January 1, 2021, when the Senate voted to override President Trump’s veto of the bill.

President Joe Biden issued an executive order to advance racial equity and support underserved communities.

Congress has included in the new COVID-19 relief bill a one-year extension of the term for participation in the 8(a) Program.

When it comes to federal procurement, the General Services Administration takes no off days.

Another court has joined the growing chorus of judges who are singing the same tune on set-aside fraud: when a government contractor lies about its eligibility for a set-aside contract, it violates the False Claims Act, and can be sued by either the Department of Justice or a whistleblower.

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