Protests and Funding: According to the Red Book: Principles of Federal Appropriations Law: Third Edition, Volume I, Page 5-76, Exemptions from the Account Closing Procedures (excerpt): Section 1558(a) of Title 31 of the United States Code provides an automatic stay to the closing of an appropriation account under section 1552 when a protest is filed against the solicitation for, proposed award of, or award of a contract. The appropriation that would have funded the contract remains available for obligation for 100 days after a final ruling on the protest.
CO Comments: I did not know about this until there was a recent protest where I worked. What this means is that you will not lose your funding if a protest is filed. This gives time for GAO to either deny or sustain the protest. Then you can move forward with award knowing your funding is still available for 100 days after the final ruling.
Government contracting concurrent postings: Many agencies are now doing concurrent Sources Sought Synopses (SSS) and Requests for Info (RFI). The SSS is used to post opportunities on the Federal Business Opportunities website for open market items and RFIs are posted on GSA E-buy for GSA items and services.
CO Comments: This is occurring because COs are being pressed to look at all possible solutions very early in the process rather than deciding down the road to switch from open market to GSA. If they can find out up front that there are or are not GSA options available, that can drastically change the acquisition. They do not have to wait until an RFP is out to find out this info and then have to cancel the RFP and re-accomplish as a Request for Quote (RFQ) through GSA.
Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs to be Reauthorized: On March 2, 2016, Steve Chabot (R-OH), Chairman of the House Committee on Small Business, announced at a hearing that he will begin the process for reauthorizing the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs—something the committee believes “would give stability and predictability to thousands of American entrepreneurs.” The programs were set to expire in 2017. Click here to read the news release.
CO Comments: This good news for entrepreneurial small businesses who gain access to the government market through these programs. It will be interesting to see whether they simply extend the time period to use these programs or make their authority permanent.