OHA: Owners Did Not Have Enough Managerial Experience to Qualify Concern as a WOSB

SBA’s socio-economic set-aside programs mandate compliance with multiple control requirements. An important one stipulates that a woman owner of a WOSB (or a veteran for a SDVOSB or a disadvantaged owner for an 8(a) business) must have the “managerial experience of the extent and complexity to run the concern.”

But what, exactly, does this requirement entail? A recent OHA case provides some important guidance.

Continue reading…

SBA OHA: Joint Venture Agreement Must Explain Venturers’ Responsibilities

Joint venture agreements continue to be a hot topic among small business federal contractors. For good reason: if the agreement is properly prepared, a joint venture allows two companies (including, in the case of an approved mentor and protégé, a large business) to augment their capabilities and jointly bid on a federal project.

But to avail themselves of this benefit, the venturers must first prepare a joint venture agreement that complies with the SBA’s requirements. Sometimes, this task can be quite tricky. And as a recent decision of the SBA’s Office of Hearings and Appeals shows, the failure to have a compliant joint venture agreement can cost the joint venture an award.

Continue reading…

SBA Poised to Increase 8(a) Income and Net Worth Eligibility Standards

We recently discussed at length the SBA’s proposed rule to get rid of WOSB self-certification and revise some of the other WOSB certification rules. Well, it seems like SBA is crossing a lot of things off its to-do list, because in that same proposed rule, SBA also proposes to “to make the economic disadvantage requirements for the 8(a) BD program consistent to the economic disadvantage requirements for women-owned firms seeking EDWOSB status” and to “eliminate the distinction in the 8(a) BD program for initial entry into and continued eligibility for the program.”

If the rule is approved, the dollar amounts for initial 8(a) economic disadvantage eligibility would increase quite a bit, making more people economically eligible. Read on for the details on this proposed change.

Continue reading…

SmallGovCon Week In Review May 13, 2019-May 17, 2019

This week finds Lawrence with temperatures reaching the 90s. The 7-year-olds that I coach at soccer found this to be a little too hot; too bad I don’t have the indoor air conditioned facility they were asking for. But fear not, readers, you can enjoy this week’s roundup of federal government contracting news in the comfort of your air-conditioned facilities.

And, for those in the region, we wanted to highlight an upcoming networking and learning opportunity. The Kansas PTAC will be hosting Mission Installation Contracting Command (MICC) – Ft. Leavenworth’s 2019 Industry Day at Johnson County Community College. This is a great opportunity to meet representatives from the MICC and the Fort Leavenworth Contracting Staff.

Read on for some interesting updates in the government contracting world, including how whistleblowers reduce fraud, updates on the government’s electronic procurement efforts, and the ongoing federal migration to the cloud (IT stuff, not a new type of floating living platform).

Continue reading…

Option to “Postpone” Required Pre-Award Debriefing Until After Award—Gain Information, But Lose Right to Protest.

GAO’s bid protest window for debriefings—which closes 10 days after the required debriefing—knows very few exceptions. But what if the agency offers you a more informative post-award debriefing in place of the pre-award debriefing normally required upon your elimination from the competitive range? This option will likely improve your ability to compete for future contracts with the agency. Shouldn’t you be able to accept it without giving up your right to protest? GAO says no.

Continue reading…

GAO Awards Fees, but Only for Obviously Correct Protest Ground

Supposedly, the general rule is that a protester is reimbursed the costs associated with a successful protest—including attorneys’ fees. But, as a recent case shows, that’s often not the case.

In a March decision, GAO recommended award of only a portion of fees associated with bringing a protest, even though GAO agreed that the protest was correct and the awardee should have been found technically unacceptable.

Continue reading…