SmallGovCon Week in Review: April 23 – 27, 2018

It’s going to be a beautiful weekend here in Lawrence, with temperatures in the 70s and lots of sun.  I’m looking forward to some time outdoors finally enjoying the spring.  But before I hit the exit at the office, it’s time for our weekly dose of government contracts news and notes.

In this week’s edition of the SmallGovCon Week in Review, a well-known large federal contractor is accused of underpaying its employees, a commentator asks whether RFIs are one big waste of time, the Secretary of Defense says criminal charges are likely as part of a major contracting investigation, and much more.

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SmallGovCon Welcomes Nicole Pottroff

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

Before joining our team, Nicole practiced law in the Kansas City area, where she worked on a variety of complex civil litigation matters.  Check out Nicole’s full biography to learn more about our newest author, and don’t miss her first SmallGovCon post on when the government must include a company in a limited simplified acquisition procurement.

SmallGovCon Weeks in Review: April 9 – 20, 2018

I was enjoying a day off last Friday, so we have a lot of catching up to do on government contracting news and notes.  It’s time for a special two-week super-sized edition of the SmallGovCon Week in Review.

In this edition, the GAO looks at NASA’s investigations of contractor whistleblowing complaints, the SBA announces nine new Women’s Business Centers, the Coast Guard sinks $60 million into an electronic health record system procurement with nothing to show for it,  70,000 contractors must provide notarized letters in the wake of a “SAM scam” and much more.

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SBA Affiliation Rules: Owner of One Share (of 120) Controlled Company

The owner of a 1/120th interest was presumed to control a company under the SBA’s affiliation rules.

You read that right.  In a recent size appeal decision, the SBA Office of Hearings and Appeals held that where 120 owners each held one share of stock in a company, all 120 were presumed to control the company for size purposes.

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No Competitor Size Protests of 8(a) Sole Source Awards, Says SBA OHA

The SBA’s regulations do not allow an 8(a) company to file a size protest challenging the award of an 8(a) sole source contract to a competitor.

In a recent size appeal decision, the SBA Office of Hearings and Appeals confirmed that size protests relating to 8(a) sole source awards can be filed by contracting officers or the SBA itself–but not by competitors.

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VA SDVOSB Rule of Two: Court Provides Important Guidance for Protesters

A protester contending that the VA violated the “rule of two” by failing to set-aside a solicitation for SDVOSBs must present sufficient facts to indicate that the VA should have had a reasonable expectation of receiving two or more offers from SDVOSBs at fair and reasonable prices.

In a recent decision, the Court of Federal Claims dismissed a rule of two challenge because, according to the Court, the protester only identified one SDVOSB–itself–that was likely to submit an offer at a fair and reasonable price.

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SmallGovCon Week in Review: April 2 – 6, 2018

Winter refuses to end here in Lawrence, Kansas as snow is in the forecast tonight.  But before we settle in for a cold weekend, it’s time for the SmallGovCon Week in Review.

In this week’s edition, how the DoD will collect data to help reduce time for awards,  two construction companies have agreed to pay $1.2 million to resolve whistleblower claims related to set-aside contracts, the GSA and OMB move forward with the e-commerce initiative established in the 2018 NDAA and much more.

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