GAO sanctions contractor

The Defense Dept. on Sept. 2 issued new guidance on commercial item determinations and price reasonableness of commercial items.

The new guidance effectively rescinds the previous guidance on those topics issued by DOD in February 2015, according to Oles Morrison LLP law firm.

The latest memo provides DoD’s guidance while a proposed rule is going through the public comment process. The rule implements sections of the 2013 and 2016 national defense authorization acts.

The new rules aim to improve consistency and timeliness in how the government interprets rules for commercial item acquisitions. For one, the new guidelines advise contracting officers to recognize prior commercial item determinations.

More information: New guidance: http://goo.gl/SciGDJ
Oles Morrison blog entry: http://goo.gl/T48upJ

Court: 8(a) program is constitutional on the whole

The Small Business Administration’s 8(a) Business Development Program has survived a longstanding challenge to its constitutional legitimacy.

A two-judge majority of the U.S. Court of Appeals for the D.C. Circuit Court ruled that the law that created the 8(a) Program is not unconstitutional.

The lawsuit was brought by Rothe Development Inc. against the Defense Dept. The plaintiffs asserted that the 8(a) program includes racial classifications that violate the right to equal protection. The court ruled that “the provisions of the Small Business Act that Rothe challenges do not on their face classify individuals by race.”

Despite the ruling, the fight over 8(a) constitutionality may continue, Steven Koprince, government contracting attorney, wrote in a recent blog entry.

More information: Koprince blog: http://goo.gl/aIjVMq

Navy signs OASIS memo

The Naval Supply Systems Command signed a memo to utilize GSA’s “OASIS” and “OASIS-Small Business” contracts. The purchases are to total $500 million between February 2016 and December 2017.

More information: View the memo at: http://goo.gl/XmuwNA

SBA adds 2,015 HUBZones

GSA adds Order-Level Materials to seven schedules

Senate said to consider CR

Non-profits not allowed to be mentors

OSDBU site down

Column: Plan for DCAA audits even before you win

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