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

GSA Schedule Sales of Chinese Products Result In $2.3 Million False Claims Settlement

Sales of Chinese products off the GSA Schedule has resulted in a $2.3 million False Claims Act settlement.

According to a Department of Justice press release, Samsung Electronics America, Inc. has agreed to the settlement to resolve allegations that Samsung informed GSA Schedule resellers that certain products were manufactured in “designated countries” under the Trade Agreements Act, when in fact those products were manufactured in China.

Continue reading

SmallGovCon’s 500th Post: Thank You, Readers

Last week, SmallGovCon hit a milestone: the 500th post since the blog began publication in May 2012.

At the beginning, I wondered whether anyone would pay attention to a blog focusing exclusively on legal issues of interest to small government contractors.  I don’t wonder anymore.  According to Google Analytics, several hundred readers visit SmallGovCon each weekday–sometimes, many more than that.  Even if it weren’t for Google’s metrics, I would know that SmallGovCon has filled an important information gap from the comments I receive whenever I am on the road at industry events.  Many people I meet for the first time don’t know me yet, but they do know SmallGovCon.

I have been fortunate to write for a bright, articulate audience of contractors and industry professionals.  Yes, that means you.  So whether you are a first-time reader or long-time follower, thank you for reading SmallGovCon.  A blog is nothing without its readers, and I am honored–and humbled–to be read by you.

Family Relationship, Plus Revenues & Subcontracts, Caused Affiliation, Says SBA OHA

A small business was affiliated with companies owned by the business owner’s father and siblings, based on the family relationship and the companies’ ongoing history of doing business together.

In a recent size appeal decision, the SBA Office of Hearings and Appeals held that the small business had not successfully rebutted the regulatory presumption that companies owned by close family members are affiliated, because the small business had earned substantial revenues from the alleged affiliates, and intended to issue a subcontract to both affiliates with respect to the procurement at issue.

Continue reading

Thank You, San Diego!

I am back in Lawrence after a trip to beautiful San Diego, where I spent three great days.

On Tuesday, I was part of the 2014 Navy Gold Coast conference, where I gave a presentation on GAO bid protests.  A big “thank you” to the Gold Coast organizers for inviting me to participate in one of the country’s premier events for small government contractors, and to the San Diego Contracting Opportunities Center for helping coordinate my presentation.  Thank you, too, to all of the attendees for their courtesy and great questions.

On Thursday, I spent the morning at the offices of the San Diego Contracting Opportunities Center, where I gave a seminar on joint venturing and teaming.  My thanks to Rachel Fischer, Luz Velasco, and the rest of the SDCOC for inviting me to speak and for hosting the event.  And of course, thank you to the attendees for being such a great audience.

If we didn’t connect in San Diego, there will be more opportunities on the horizon: I will be speaking at industry events in Oklahoma, Virginia, Pennsylvania, and New Mexico in the coming months.

Davis-Bacon Act Fraud: Subcontractor’s Owner Sentenced

Davis-Bacon Act fraud has resulted in a criminal sentence for the owner of a now-defunct construction subcontractor.

According to a Department of Justice press release, the subcontractor’s owner has been sentenced to four years of probation (including 18 months of home confinement) and ordered to pay $164,627 in restitution, after pleading guilty to charges of conspiracy to pay employees less than prevailing wages on a federal construction project in Boston.

Continue reading