GovConChat: The CVE, WOSB Sole Sources, GSA Schedule, & More

My friend Guy Timberlake of the American Small Business Coalition has launched GovConChat, which Guy described as a “candid and informative conversation with movers, shakers and thought-leaders from around the federal contracting community.”

Earlier this week, I joined Guy for a GovConChat segment.  We discussed several major changes that could be implemented as a result of the 2015 National Defense Authorization Act, as well as a recent court case holding that an offeror did not qualify for a GSA Schedule task order when the offeror’s affiliate (but not the offeror itself) held a GSA Schedule contract.  You can listed to our entire chat by following this link.

GovConChat is a great new resource to help contractors obtain perspectives from across the industry.  Go check it out, and let me know if there is a particular blog post–or other government contracts legal issue–that you would like to hear me discuss in a future segment.

8(a) Fraud: Guilty Plea In Pass-Through Case

A California man faces up to 20 years in prison after pleading guilty to 8(a) fraud charges.

According to a Department of Justice press release, Wesley Burnett admitted that his non-8(a) companies performed all of the work required under various 8(a) set-aside contracts.  And if the pass-through scheme wasn’t enough, Burnett also admitted to falsely self-certifying his companies as SDVOSBs and SDBs, resulting in additional unjustified contract awards.

Continue reading…

VA CVE Improperly Disqualified SDVOSB, Says Federal Court

SDVOSBs—and basic fairness and common sense—were big winners in a recent decision issued by the U.S. Court of Federal Claims.

In its decision, the Court held that the VA’s Center for Verification and Evaluation violated the law when it disqualified a SDVOSB, without giving the SDVOSB the opportunity to contest the reasons for the disqualification. In an opinion reminiscent of last year’s landmark Miles Construction case, the Court then held that the CVE’s substantive reasons for the disqualification were arbitrary and unreasonable.
Continue reading…

PTAC Spotlight: Kansas PTAC Helped Small Businesses Land 400+ Contracts Since 2013

Since its inception at Wichita State University on February 1, 2013, the Kansas PTAC has helped Kansas small businesses obtain 433 contract awards worth over $32 million.  These successes should come as no surprise, because the Kansas PTAC is staffed by highly-experienced procurement professionals, who have played key leadership roles in APTAC, the national PTAC organization.

Continue reading…

Non-Manufacturer Rule Applies Regardless of NAICS Code, Court Rules

The non-manufacturer rule applies only when a set-aside solicitation is designated with a manufacturing NAICS code, right?  Not anymore.

A recent Court of Federal Claims case effectively invalidated SBA’s regulations that limit the application of the non-manufacturer rule to procurements for supplies.  Instead, the Court held, the Small Business Act requires that the non-manufacturer rule apply any time that the Government buys manufactured products–regardless of the NAICS code assigned to the procurement.

Continue reading…

SBA Affiliation Rules: President Controlled Company Despite Removal Provision

A company’s President was deemed to control the company for purposes of the SBA affiliation rules, even though the company’s majority shareholder had the unilateral right to remove the President from office at any time.

In a recent size appeal decision, the SBA Office of Hearings and Appeals held that a company’s President exercised “critical influence” over the company, and that the President’s influence was not rendered illusory simply because the 100% owner could remove the President from office.

Continue reading…