Supreme Court Could Limit Agency Power

Monday, the U.S. Supreme Court decided to hear a case that could have far reaching implications in agency law—including for government contractors. The Court granted certiorari to a case that could greatly diminish the amount of deference given to agencies interpreting their own regulations. 

For contractors, a Supreme Court decision to curtail agency deference could lead to increased success rates in bid protests and other disputes.  

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Thank you, El Paso!

Last week I had the wonderful experience of giving several presentations at the 13th Annual Veterans Business Conference on base at Fort Bliss (El Paso, Texas). The conference was an excellent opportunity for veteran business owners to come together and learn about opportunities. 

Organized by the Contract Opportunities Center, the event brought together small businesses and government agencies to meet and learn about wide-ranging topics. I was given the opportunity to discuss the All Small Mentor-Protege Program and joint venturing, size and affiliation issues, and provide the lunch audience with an update on the whirlwind of changes occurring as the U.S. Department of Veterans Affairs and the Small Business Administration work to combine their two Service-Disabled Veteran Owned Small Business programs. If you were there and have questions, please reach out

We all got to listen to the incredibly moving speech of Justin Constantine, retired Lieutenant Colonel in the U.S. Marine Corps. His tale, and the lessons he learned, is certainly one worth taking to heart. 

Thanks especially to Pablo Armendariz and Melissa Murphy for their steady hand on the wheel. Hope to see you all again soon. 

Limitations on Subcontracting: DoD Issues Comprehensive FAR Deviation

Earlier this week, the FAR Council issued a proposed rule to conform the FAR to the SBA’s regulation governing limitations on subcontracting.  But the DoD isn’t waiting around while the FAR Council finishes the process.

The DoD has issued a comprehensive FAR deviation, effective immediately.  The DoD’s FAR deviation will, effectively, temporarily conform the DoD’s use of the FAR to the SBA’s regulation while the FAR Council works on a final rule.

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SmallGovCon Week in Review: November 12-16, 2018

Happy Friday, everyone! I don’t know about you but, as Thanksgiving inches closer, I can practically smell the turkey and stuffing. I hope you’re gearing up for a nice, holiday-shortened week.

Before the holiday, let’s take a look at the SmallGovCon Week In Review. In this week’s edition, we’ll discuss GSA intent to consolidate cybersecurity contract vehicles; a potential spending bonanza by the National Geospatial-Intelligence Agency; results from DoD’s first-ever audit (spoiler, it failed); and more.

Have a great weekend!

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SmallGovCon Week in Review: November 5-9, 2018

This week, Lawrence got its first taste of cold and snow for the season. I have to say, it was not a welcomed arrival. Hopefully it’s warmer in your neck of the woods.

Let’s all warm our hearts with this week’s edition of SmallGovCon Week In Review. In today’s WIR, we’ll look at a joint VA/SBA partnership to benefit SDVOSBs, DoD’s effort to use its expanded “middle tier” contracting vehicles, and more government contractors behaving badly.

Have a great weekend!

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SmallGovCon Week in Review: October 22-26, 2018

I was unexpectedly out of the office Friday afternoon, so I didn’t get a chance to post our weekly look at the latest and greatest in government contracting.  But better late than never!  It’s time for a slightly-delayed version.

In last week’s edition of SmallGovCon Week In Review, we have articles about House representatives requesting investigation of the JEDI contract, a report that suggests the 8(a) program is full of ineligible participants (with commentary by Koprince Law LLC partner Matthew Schoonover), GSA creates new a Solicitation Review Tool to better ensure contract compliance, and much more.

Happy Monday!

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Federal Circuit Affirms SDVOSB Priority Over AbilityOne

Ever since the Supreme Court’s Kingdomware decision was handed down in 2016, an important question has remained: who has priority at the VA for items on the AbilityOne List?

Yesterday, the Federal Circuit Court of Appeals provided the answer. The VA is required to prioritize service-disabled veteran-owned or veteran-owned small businesses when the Rule of Two is met, even when it buys items on the AbilityOne List.

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