SmallGovCon Week In Review: October 16-20, 2017

My Cubs couldn’t pull off the World Series repeat, losing badly to the Dodgers last night in the National League Championship Series.  And you know what?  I’m okay with it.  We Cubs fans are a different breed: after 108 years, many of us  thought we’d never see a title.  So after the amazing championship last year, all of 2017 felt like playing with house money.  Yankees fans might be grumbling that it’s been a whopping eight years since their last title, but Cubs fans like me will always have 2016.

Enough baseball–time to move on to what’s really important on your Friday, the SmallGovCon Week In Review!  This week, we bring you articles ranging from government employees taking illegal gratuities, a sharp decrease in the number of successful small business contractors, investigators find major problems with many of the Census Bureau’s sole source contracts, and more.

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WOSB Program: Company Ineligible Because Husband Managed Business

A self-certified woman-owned small business was ineligible for a WOSB set-aside contract because the woman owner’s husband held the company’s highest officer position and appeared to manage its day-to-day operations.

A recent SBA Office of Hearings and Appeals decision highlights the importance of ensuring that a woman be responsible for managing the day-to-day business of a WOSB–and that the woman’s role be reflected both in the corporate paperwork and in practice.

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NHO Prime Gets “Experience” Weakness Despite Experienced Affiliate

An agency was allowed to assign a Native Hawaiian-owned prime contractor a weakness for its experience because the NHO prime lacked relevant experience–even though the prime’s proposal indicated that it would rely in part on the resources of an experienced NHO sister company.

A recent GAO bid decision demonstrates that while a procuring agency is entitled to consider the experience and past performance of a prime contractor’s affiliates under certain circumstances, the agency is not precluded from considering the prime’s own experience (or lack thereof).

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SmallGovCon Week In Review: October 9-13, 2017

My heart rate has finally come down after the exciting finish to Game Five of the Cubs-Nationals playoff series last night.  I caught the first few innings waiting for my flight in Salt Lake City, and the game (which clocked in at more than 4 1/2 hours) was still going when I landed in Kansas City a couple hours later.  Thanks in part to the magic of instant replay, my Cubs were victorious, and will continue their World Series title defense against the Dodgers this weekend.

Clearly, my mind is on sports–but I’m also closely watching developments in government contracts.  In this week’s SmallGovCon Week In Review, the GAO reminds agencies that they have the power to override the automatic stay, the SBA updates the WOSB/EDWOSB NAICS codes, a bill to improve the SBIR and STTR programs passes the House unanimously, and much more.

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Thank You, Utah!

I am back from a great trip to Salt Lake City, where I spoke at the Utah PTAC Symposium.  My talk at the symposium centered on prime/subcontractor teams and joint ventures–topics of ever-increasing interest for small and large contractors alike.

It was wonderful to see so many clients and old friends at the Symposium and meet so many new people, too.  A big “thank you” to Chuck Spence and his team at the Utah PTAC for organizing this event and inviting me to speak.  And thank you, also, to everyone who attended my seminar and stopped by the Koprince Law LLC booth to talk about government contracts.

I’ll be sticking around Kansas for a few weeks, although I’ll be making a short trip down to Wichita on Tuesday to give a half-day session on the SBA’s All Small Mentor-Protege Program, sponsored by the Kansas PTAC.  If you’re a Kansas contractor, I hope to see you there.

How Joint Ventures Really Work: My “Game Changers” Podcast

Ah, joint ventures.  Few topics in government contracting these days seem to cause as much confusion.  And that’s due, in large part, to some common misunderstandings I hear repeated over and over.

Recently, I joined host Michael LeJeune on the “Game Changers” podcast to talk about some of the most common areas of confusion regarding joint ventures.  What is the relationship between joint ventures and the SBA’s new All-Small Mentor-Protege Program?  How do the rules for joint venture work share operate?  What are some frequent mistakes companies make when they draft joint venture agreements?  And so on.

My podcast is available now on the Federal Access website.  Click here to give it a listen, and while you’re there, check out the many other great podcasts featuring a range of government contracts thought leaders.

SmallGovCon Week In Review: October 2-6, 2017

The baseball playoffs are back, and tonight I’ll be watching my Cubs begin their quest for back-to-back titles.  (If you’re not a lifelong Cubs fan, you may not realize how strange it feels to write that previous sentence).

Before the games begin, it’s time for our weekly dose of government contracting news.  In this week’s edition of the SmallGovCon Week in Review, the DOJ charges four men with participating in a bribery and kickback conspiracy, the GAO publishes a report finding that many contracts weren’t closed on time, a court reverses a contractor’s debarment, and more.

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