Affiliate’s Schedule Contract Didn’t Count, Says Court

An offeror was not entitled to hold itself out as having a Federal Supply Schedule contract by virtue of its relationship with an affiliated company that held the FSS contract.

In a recent bid protest decision, the Court of Federal Claims held that a FSS award was improper where the awardee’s affiliate–but not the awardee itself–held the proper FSS contract.

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GSA Contractor Team Arrangement: Single-SIN Restriction Was Appropriate

A procuring agency reasonably required all members of a SDVOSB set-aside GSA Contractor Team Arrangement to possess a certain Federal Supply Schedule contract and Special Item Number.

In a recent bid protest decision, the GAO held that restricting CTAs to holders of a certain Schedule and SIN was appropriate because all of the supplies to be procured fell within the identified Schedule and SIN.

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SDVOSB Fraud: Business Owner Faces 51 Months In Prison

The co-owner of a Missouri construction company faces the likelihood of 51 months in jail after pleading guilty to SDVOSB fraud charges.

According to a Department of Justice Press release, Michael Parker admitted that he and his father, Warren Parker, falsely claimed that Warren was a service-disabled veteran in order to receive more than $7 million in SDVOSB contracts.

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GAO: Pre-Debriefing Bid Protest Was Premature

A GAO bid protest was dismissed as premature because the protest was filed before a statutorily-required debriefing was held.

In a recent bid protest decision, the GAO determined that the protest was premature even though the required debriefing had been delayed pending the resolution of a SBA size protest.

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SDVOSB Fraud: Guilty Plea In “Rent-A-Vet” Case

A Nebraska man has pleaded guilty to fraud and money laundering charges stemming from a SDVOSB “rent-a-vet” scheme under which an ineligible business received 45 SDVOSB contracts.

According to a Department of Justice press release, the man faces up to 24 months in prison and financial penalties.  He and his companies also have been suspended from government contracting and face the likelihood of debarment.

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Thank You, Indian Country!

I am back in Kansas after spending two days at the Indian Country Business Summit in Norman, Oklahoma.  On the first day of the summit, I gave a luncheon keynote on legal updates in government contracting.  The second day, I gave a breakout session on prime/subcontractor teaming agreements.

My thanks to Carter Merkle, Dan Little Axe, and their colleagues for hosting this the summit and inviting me to speak.  A big thank you, as well, to all of the conference attendees for making the ICBS such a great event.

After a few weeks at home, I will be traveling to the Washington DC area for the HUBZone National Conference.  If you are a HUBZone firm, I hope to see you there.

Prime Doesn’t Submit Teaming Agreement, Loses Evaluation Credit

A prime contractor submitting a proposal for a design-build project was not entitled to take advantage of the experience of its designer because the prime failed to submit a teaming agreement between itself and the designer.

In a recent bid protest decision, the GAO held that the agency properly viewed the designer as a subcontractor, and acted reasonably–under the specific terms of the solicitation–in refusing to award experience credit for the designer’s work because the prime did not submit a teaming agreement. Continue reading