Author Archives: Steven Koprince

Another 8(a) Appeal Upheld: Is The 8(a) Evaluation Process Fundamentally Flawed?

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For the fourth time since December, and second time involving a woman-owned business, the SBA Office of Hearings and Appeals has held that the SBA misevaluated an 8(a) applicant on the “social disadvantage” requirement.

In the most recent case, Black Horse Group, LLC, SBA No. BDPE-468 (2013), SBA OHA again found that the SBA committed multiple errors in its 8(a) evaluation, including holding the applicant to an impermissible high standard of proof, failing to consider all evidence in the record, and drawing erroneous conclusions from the evidence it did consider.

Following on the heels of recent SBA OHA 8(a) appeal decisions involving a disabled veteran, a physically disabled man, and a woman business owner, it is fair to ask: is the SBA’s 8(a) social disadvantage evaluation process fundamentally flawed?

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Contractor To Pay $5.65 Million In GSA Price Reduction Clause False Claims Case

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A New York government contractor has agreed to pay $5.65 million to resolve claims that it violated the False Claims Act by failing to comply with the Price Reduction Clause in its GSA Schedule contract.

The hefty settlement is a strong reminder that the GSA takes the Price Reduction Clause very seriously, and that failing to abide by the Price Reduction Clause can lead to significant repercussions.

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Free Webinar: Teaming Agreements and Joint Venture Agreements

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Interested in creating compliant and effective joint venture agreements, teaming agreements, and subcontracts?  Join me this Friday, March 15, for a free webinar sponsored by Powering Up! Small Business Teams.

The webinar will cover mandatory provisions to include in joint venture agreements under the 8(a), WOSB and SDVOSB programs, required subcontract “flow downs” and other small business teaming requirements.  In addition, we will go beyond the minimum legal requirements and discuss best practices for thorough and effective teaming documents–topics such as dispute resolution, termination, exclusivity, non-disclosure of confidential information, and more.

To register for Friday’s free webinar, or find out more information, visit the webinar’s registration page.  And if you’re interested in learning more about the ins and outs of small business teaming, mark your calendar for the upcoming teaming webinars in the Powering Up! webinar series.

False WOSB Self-Certifications Potentially Rampant, Says NASA OIG

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False or incorrect women-owned small business self-certifications may be a significant government-wide problem, according to a recent audit report issued by the NASA Office of Inspector General.

The NASA OIG report states that in a study of sampled awards to self-certified WOSBs, 7 out of 20 awardees, or 35 percent, “may not have met the criteria for a woman-owned small business.”  Noting that these firms won nearly $75 million in government business in 2010 alone, the NASA OIG has referred its report to the SBA and GAO, concerned about a “potential Government-wide effect of this condition.” Continue reading →

Air Force Solicitation Requires SDVOSB VetBiz Verification

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VetBiz verification is only required for VA SDVOSB set-aside solicitations (and FAA SDVOSB set-asides), right?  Not in the eyes of one Air Force contracting officer, who apparently inserted a VetBiz verification requirement in a recent SDVOSB set-aside solicitation.

After being excluded from the competition, a contractor challenged the legality of the VetBiz requirement, and asked the SBA to declare it invalid.  Unfortunately for the protester, as the SBA Office of Hearings and Appeals held, the SBA lacks authority to rule on such a protest.

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Event: APTAC Spring Conference

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I am excited to announce that I will be presenting at the Association of Procurement Technical Assistance Centers Spring Conference in Atlanta.

The presentation will focus on recent changes enacted in the National Defense Authorization Act, including changes to subcontracting limits, the Women-Owned Small Business Program, federal mentor-protege programs, and more.  I will also discuss other changes on the horizon in 2013.

The presentation will be given on Monday, April 22, 2013.  Attendance is limited ATPAC members.  For more information, contact APTAC.

VA CVE Announces “Pre-Determination Findings” To Improve SDVOSB Verification

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The VA Center for Veterans Enterprise will soon begin giving some applicants the opportunity to correct problems with their SDVOSB verification applications before denying their applications.

In a letter sent yesterday to a number of SDVOSB advocates, VA OSDBU Executive Director Thomas Leney announced that the VA CVE’s new “pre-determination findings” program will launch on May 1, 2013.  If the new program works as intended, it could significantly reduce the number of SDVOSBs requesting reconsideration, lead to quicker verifications, and reduce the backlog of verification applications.

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