SBA Inspector General: 89% of WOSB Sole Source Contracts Were Improper

Nearly 90% of women-owned small business sole source contracts reviewed by the SBA Office of Inspector General were improper, according to a startling report issued yesterday.

In the study, the SBA OIG concluded that because of pervasive flaws in the award of WOSB and EDWOSB sole source contracts, “there was no assurance that these contracts were awarded to firms that were eligible to receive sole-source awards under the Program.”  And if that wasn’t enough, the SBA OIG reiterated its position that, as a legal matter, it is improper to award any WOSB or EDWOSB sole source contract to a self-certified company.

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GAO: Where RFP Requirements Clearly Not Met, Protest Costs Reimbursable

As Koprince Law attorneys have discussed in depth, GAO will in some instances award costs for a clearly meritorious protest where an agency does not take corrective action before the due date for the agency report. But what are the standards for a “clearly meritorious” protest?

It’s instructive to look at a recent GAO decision that reviewed protest grounds dealing with past performance evaluation and a requirement that the Army be able to set up the proposed product within 60 seconds.

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SmallGovCon Welcomes Stephan Skepnek

I am very pleased to announce that Stephan Skepnek has joined our team of attorney-authors here at SmallGovCon.  Stephan is an associate attorney with Koprince Law LLC, where his practice focuses on federal government contracts law.

Before joining our team, Stephan practiced civil litigation and administrative law with the Kansas Corporation Commission.  Check out Stephan’s full biography to learn more about our newest author, and don’t miss his first SmallGovCon post on the GAO’s tricky timeliness rules.

SmallGovCon Week in Review: June 11 – 15, 2018

In honor of Father’s Day, how about a dad joke?

What kind of train eats too much?

A chew-chew train!

. . .

Now that you’ve stopped laughing, let’s dig into the SmallGovCon Week in Review. This week’s edition includes articles about the draft 2019 NDAA, an update on the SAM.gov hack, a proposed FAR amendment, and more. Happy Father’s Day, and have a great weekend!

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Claim of Bad Faith Termination by Government Requires Strong Evidence, says CBCA

An agency has broad discretion to terminate a contract for convenience. But sometimes, a contractor will challenge the termination for convenience by arguing that the agency acted in bad faith in terminating the contract.

A recent CBCA decision looks at what type of evidence is needed to establish bad faith. Not surprisingly, the CBCA confirms that the standard of proof is quite high.

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