Greetings from Fargo, North Dakota where I will present a luncheon seminar today on recent developments in government contracting. The seminar is sponsored by the SBA, North Dakota PTAC, and National Contract Management Association, and should be a great event. It’s wonderful being back in the state where I grew up. Even though I no longer have family here, I’m looking forward to catching up with an old friend (since elementary school!) this evening.
While I enjoy a trip down memory lane, it’s time for the SmallGovCon Week in Review. This week’s stories include a major change in NASA’s SEWP contract, proposed government contracting changes in the House’s version of the 2018 NDAA, Elon Musk offers his two cents on how to improve contracting, a former contractor pleads guilty to accepting kickbacks, and much more.
I’m back in the office after a great family beach vacation in Florida over the 4th of July. I have a confession to make: I didn’t read a single government contracts article during my trip. My beach reads consisted entirely of popular fiction with no redeeming social or educational value whatsoever.
But that was then, and this is now–I’m back, and so is the SmallGovCon Week In Review. This edition includes an update on the 2018 National Defense Authorization Act, a DHS contract called out as the “textbook definition of waste,” a contractor accused of a $20 million bribery and bid-rigging scheme, and more.
A contractor was awarded more than $31,000 in attorneys’ fees and costs after a government agency unjustifiably refused to pay the contractor’s $6,000 claim–forcing the contractor to go through lengthy legal processes to get reimbursed.
A recent decision of the Civilian Board of Contract Appeals is a cautionary tale for government contracting officials, a few of whom seem inclined to play hardball with low-dollar claims, even when those claims are entirely justified.
After receiving “numerous” public comments, the VA has confirmed today that the extended three-year SDVOSB and VOSB verification term–originally adopted in February 2017–will remain in effect indefinitely. Before February, SDVOSBs and VOSBs were required to be reverified every two years.
Successful GAO bid protesters can sometimes recover their attorneys’ fees and costs. But when are fees and costs recoverable? How must a claim be supported? When is a claim for costs and attorneys’ fees due?
In the Summer 2017 edition of The Procurement Lawyer (the quarterly publication of the American Bar Association’s Public Contract Law Section), my Koprince Law LLC colleagues Candace Shields and Ian Patterson take an in-depth look at the recovery of costs and attorneys’ fees in GAO bid protests, answering these questions and many more. Not a Public Contract Law Section member? No problem. The Public Contract Law Section has kindly allowed us to republish the article–just click here to read.
Woman-owned small business self-certifications (which the SBA still accepts more than 2 1/2 years after Congress eliminated it) may allow “potentially ineligible businesses” to win WOSB set-aside and sole source work, according to a fascinating new GAO report.
Among other things, the GAO report provides a comprehensive overview of the SBA’s progress addressing problems with the four major socioeconomic preference programs–8(a), SDVOSB, HUBZone and WOSB. And to its credit, the SBA has fixed a number of previously-identified flaws. But other problems remain, including the SBA’s now-longstanding failure to eliminate WOSB self-certification.
As we June comes to a close, it’s almost time to celebrate our nation’s independence. I hope all of our readers have a happy and safe 4th of July. We will take a little break from the SmallGovCon Week In Review next week but will be right back at it with a new edition on July 14th.
In this week’s roundup of government contracting news, a study finds that the win rate for incumbent contractors dropped sharply in 2016, a shady North Carolina contractor was found guilty of double billing the government for close to a decade, the SBA launches a new HUBZone map system, and much more.