How Recent Decisions Could Change the Landscape for Small Businesses

Nov 14, 2018

Is a task order a contract and thereby subject to the Rule of Two? This issue has been heavily debated—all the way up to the Supreme Court. Yet another agency level decision has been issued that could affect how agencies procure, which could impact small businesses and their ability to compete for federal contracts.

The Government Accountability Office (GAO) recently issued a decision on the matter of American Relocation Connections, LLC, which on its surface seems to contradict a general consensus that the Supreme Court’s Kingdomware decision is applicable beyond the Department of Veterans Affairs and should result in a change in how the Small Business Act is interpreted, especially as it pertains to acquisitions above the micro-purchase threshold and below the simplified acquisition threshold, and especially when acquiring goods or services from federal supply schedules.