Thank You, Texas!

I am back in Lawrence after a trip to the Lone Star State, where I spoke at the Fort Bliss Regional Contracting Industry Day.  My presentation, “The Legal Benefits and Pitfalls of Teaming Arrangements” focused on the upsides and potential drawbacks of teaming and joint venturing on federal set-aside contracts.

A big “thank you” to Joe Conway and the team at the El Paso Community College Contract Opportunities Center for hosting this outstanding event.  And of course, extra thanks to all the government employees, large businesses, and small business owners who attended.

If you weren’t able to make it to the Fort Bliss Regional Contracting Industry Day, you don’t have to be left out.  Just contact me and I would be happy to provide you with a copy of the presentation.

Contractor Delays Reading Solicitation; GAO Denies Proposal Extension

A contractor’s technical problems in accessing a solicitation did not entitle the contractor to an extension to submit its proposal, because the contractor delayed attempting to read the solicitation until nearly three weeks after it was issued.

In a recent bid protest decision, the GAO suggested that the contractor’s failure to try to access the solicitation was unreasonable, and held and that the agency was justified in refusing to extend the proposal due date.

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Limitations on Subcontracting Clause Allows Small Business Subcontractors, Says GAO

The FAR’s limitations on subcontracting clause allows the prime contractor to count small business subcontractors toward the prime’s own performance requirement, according to the GAO.

In a recent bid protest decision, the GAO confirmed that the National Defense Authorization Act of 2013 permits prime contractors to meet the requirements of the limitations on subcontracting clause by including work performed by “similarly situated” subcontractors.

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SDVOSB Fraud: Non-Veteran Arrested For Claiming SDVOSB Status

A New Jersey woman has been arrested and charged with procurement fraud for allegedly falsely certifying that her company was a SDVOSB.

According to a Department of Justice press release, Miriam Friedman falsely claimed that her father-in-law, a retired veteran, owned and operated the business.  According to the DOJ, Friedman’s father-in-law not only had minimal involvement in the business, but is not service-disabled.

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SDVOSB Protests: Outside Relationships Undermined SDV’s Control, Says SBA OHA

A would-be SDVOSB’s relationships with a company controlled by the SDVOSB’s minority owner undermined the service-disabled veteran’s control–and cost the SDVOSB an Air Force contract.

In a recent decision, the SBA Office of Hearings and Appeals ruled that a SDVOSB did not adequately control his company where the company (and the veteran) appeared to be unduly dependent on an outside firm.

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SBA: SDVOSB, HUBZone, WOSB Mentor-Protege Programs May Arrive In 2014

The SBA will “make it a priority” to adopt regulations establishing mentor-protege programs for SDVOSBs, HUBZones, and WOSBs in the next 12 months, according to the SBA’s most recent semiannual regulatory agenda.

The regulatory agenda states that the three new mentor-protege programs are expected to be “similar” to the 8(a) mentor-protege program, which suggests that the special joint venturing benefits currently available only to 8(a)s may become available to SDVOSBs, HUBZones and WOSBs, as well.

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SBA Size Protests: COs Not Required To Assist Protesters

Contracting Officers are not required to assist potential protesters by furnishing them with information to use in SBA size protests.

According to a recent size appeal decision of the SBA Office of Hearings and Appeals, the SBA properly dismissed a size protest for lack of support, notwithstanding the protester’s allegation that the Contracting Officer had failed to provide information needed to support the size protest.

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