Illegal Gratuities: Criminal Sentence For Former Air Force Official

A former Air Force official has been sentenced to probation and a fine for accepting illegal gratuities from a government contractor.

According to a Department of Justice press release, Dennis Toenjes, Sr., was sentenced to three years of probation and fines totaling $600 for accepting gratuities worth $9,382.01.  The first six months of Toenjes’s probation will be served in home confinement.

Continue reading

VA CVE FOIA Email Unnerves SDVOSBs–Now What?

On February 27, the VA CVE sent an email to companies listed in the VetBiz database, suggesting that all documentation submitted to the CVE may be subject to Freedom of Information Act requests.  Many SDVOSBs and VOSBs were outraged–was the VA really stating that tax returns, payroll, bank signature cards, and other closely-guarded information would be made available to the public?

Now, after push back from SDVOSBs and VOSBs, the CVE has issued a press release clarifying that some documentation submitted to the CVE may be withheld under FOIA on a “case by case basis” and that the CVE will seek to limit the exposure of proprietary and personally identifiable information.

The press release is a good start, but in the wake of its misguided email, the CVE needs to do more to assure SDVOSBs and VOSBs that their proprietary information is safe in the government’s hands.

Continue reading

GAO: Small Business Set-Aside Did Not Violate Bundling Restrictions

A small business set-aside procurement did not violate the FAR’s restrictions on contract bundling, according to the GAO.

In a recent bid protest decision, the GAO pointed out the bundling occurs when a procurement would be unsuitable for award to small business, and held that a set-aside procurement–by its nature–is not unsuitable for small businesses.

Continue reading

Thank You, Pacific Northwest!

On Thursday, I had the pleasure of attending the Alliance Northwest Conference in Washington State, where I gave a breakfast keynote, as well as a breakout session.  My breakout presentation, “Government Contracts Legal Update 2014,” focused on legal developments of interest to small government contractors over the past several months.

A big “thank you” to the organizers and sponsors for putting together an outstanding event.  And of course, extra thanks to all the government employees, large businesses, and small business owners who attended.

If you were not able to make it to Alliance Northwest, you don’t have to be left out.  Just contact me and I would be happy to provide you with a copy of my breakout session presentation.

8(a) Task Orders: No Automatic Size Recertifications

Submitting a proposal for a task order under an 8(a) Government Wide Acquisition Contract does not result in automatic recertification of the offeror’s small business size status.

In a recent decision, the SBA Office of Hearings and Appeals held that unless the Contracting Officer expressly requires recertification, an offeror’s size for an 8(a) set-aside task order is governed by that offeror’s size status for the underlying GWAC.

Continue reading

SBA Affiliation Rules: Contractor Affiliated With Puerto Rico, Says SBA

Now here’s one you don’t see every day.  In a recent size appeal decision, the SBA Office of Hearings and Appeals upheld the SBA’s determination that the contractor was affiliated with the government of Puerto Rico.

In Size Appeal of Industria Lechera de Puerto Rico, Inc., SBA No. SIZ-5533 (2014), SBA OHA held that the contractor’s relationship with the Puerto Rican government rendered the contractor, in essence, a quasi-governmental entity, not an independent small business.

Continue reading

Past Performance: Agency Reasonably Considered Quantity

An agency reasonably considered the quantity of offerors’ relevant past performance, even though the solicitation only stated that the relevance and quality of past performance would be considered.

In a recent bid protest decision, the GAO held that the quantity of an offeror’s past performance is logically encompassed within a review of the quality of past performance, and need not be separately identified as an area of evaluation.

Continue reading