5 Things You Should Know: 8(a) Program Eligibility

In a recent post, I discussed the basics about SBA’s 8(a) Business Development Program. This follow-up posts discusses 8(a) eligibility requirements in greater detail.

To qualify for the 8(a) Program, a firm must be a small business that is unconditionally owned and controlled by one or more socially- and economically-disadvantaged individuals who are of good character and citizens of the United States and that demonstrates a potential for success.

What does this really mean? Here are five things you should know about 8(a) Program eligibility.

Continue reading…

Joint Ventures & OCIs: A Cautionary Tale

For small government contractors, joint ventures can be an important vehicle for successfully pursuing larger and more complex opportunities.  As the SBA’s All Small Mentor-Protege Program enters its second full year, the popularity of joint ventures seems to be increasing significantly.

But joint ventures aren’t immune from the FAR’s rules governing organizational conflicts of interest. In a recent decision, the GAO held that an agency properly excluded a joint venture from competition where one of the joint venture’s members–through its involvement in a second joint venture–had assisted in the preparation of the solicitation’s specifications.

Continue reading…

SmallGovCon Week In Review: December 4-8, 2017

I am back in the office after a great time at the 2017 National Veterans Small Business Engagement in St. Louis. I was able to see many familiar faces and meet many new ones. A big thanks to everyone who attended my presentation on the nonmanufacturer rule and visited the Koprince Law booth–and most of all, thank you to all the veterans I met for your service and sacrifices.

In this edition of SmallGovCon Week In Review, we take a look at two separate cases where contractors conspired to defraud the government, the Census Bureau is finally able to move forward with preparations for the 2020 Census, the General Services Administration has named its new leader, and much more.

Continue reading…

GAO: 8(a) Sole-Source Set-Aside Proper Notwithstanding Prior Intent

As a general rule, the SBA is prohibited from accepting a solicitation into the 8(a) Business Development Program if the procuring agency previously expressed publicly a clear intent to award the contract as a small business set-aside.

On its face, this restriction seems clear. In practice, it can be anything but—the inquiry usually focuses on whether the agency’s prior intent was definitive enough to count.

In SKC, LLC, B-415151 (Nov. 20, 2017), GAO provided important clarity about this restriction.

Continue reading…

VA Considering “Tiered Evaluations” To Address SDVOSB Price Concerns

The VA is considering using so-called “tiered evaluations” to address concerns that SDVOSBs and VOSBs may not always offer “fair and reasonable” pricing, even when two or more veteran-owned companies compete for a contract.

In a session yesterday at the National Veterans Small Business Engagement, a panel of VA acquisition leaders described the potential tiered evaluation process.  It’s hard to argue that the VA isn’t entitled to fair and reasonable pricing, but judging from the reaction in the room, some SDVOSBs and VOSBs may wonder whether tiered evaluations are an effort to circumvent Kingdomware.

Continue reading…

Economic Dependence Affiliation: A One-Way Street

Under the SBA’s economic dependence affiliation rule, two companies can be deemed affiliated when one company is responsible for a large portion of the other company’s revenues over time.  But must both companies count one another as affiliates—or does the rule only apply when the recipient’s size is challenged?

A recent SBA Office of Hearings and Appeals case answers these questions: when a company is economically dependent upon another company, it is affiliated with the company on which it depends, but the opposite is not true. In other words, economic dependence affiliation is a one-way street.

Continue reading…