Author Archives: Steven Koprince

GAO: Competition Alone Doesn’t Mean Prices are Reasonable

Posted on by

When the federal government awards a contract, the government must ensure that the price it pays is “fair and reasonable.”  In other words, the government cannot pay a price that is too high.

If a contract is awarded on the basis of competitive proposals, an agency may be able to establish price reasonableness by comparing the prices proposed by competing offerors.  But as demonstrated in a recent GAO bid protest decision, competition alone doesn’t mean that the prices received are reasonable–the government still must compare offerors’ prices to determine reasonableness.

Continue reading →

Small Business Set-Asides Not Required Under NETCENTS-2, Says GAO

Posted on by

The Air Force’s large NETCENTS-2 IDIQ vehicle did not require orders to be set-aside under the small business pool, except for orders valued between the micro-purchase threshold and simplified acquisition threshold.

In a recent decision, the GAO held that although the NETCENTS-2 contract in question says that Contracting Officers “should” perform a “rule of two” small business set-aside analysis for orders valued over the simplified acquisition threshold, it does not require that such an analysis be performed–meaning that Contracting Officers can validly award such orders to large businesses, even if two or more small business NETCENTS-2 holders exist.

Continue reading →

SmallGovCon Week in Review: October 8-12, 2018

Posted on by

As the workweek comes to a close, our thoughts are with everyone who has been affected by Hurricane Michael.

In government contracts news, there was plenty happening this week.  In the latest SmallGovCon Week in Review, three people have been indicted on charges relating to procurement fraud, a new study creates a “sweetheart index” to analyze whether political donations affect government contract awards, IBM is the second company to file a pre-award protest against the Pentagon’s cloud contract, and much more.

Have a great weekend!

Continue reading →

Thank You, Live Oak Bank & GMU!

Posted on by

I am back in Kansas after a whirlwind trip to Washington, DC where I was part of a fantastic governing contracting event sponsored by Live Oak Bank and George Mason  University.  My panel focused on the legal and practical issues that companies face when they grow out of their small business size standards–an important topic that doesn’t get nearly as much attention as it should.

Many thanks to Jackie Robinson-Burnette, Erin Andrew, Tess Mackey, Jerry McGinn and everyone else who planned and coordinated this event.  Thanks also to my fellow panelists, Gloria Larkin and Rosetta Rodwell–and to everyone who asked questions and stuck around afterwards to chat–for a great discussion about government contracts. And a big thank you to the chefs at Ray’s the Steaks, where I had dinner for the first time in about six years.  Tasty as ever!

Next on my travel agenda: New Orleans, where I’ll be attending the 2018 National Veterans Small Business Engagement and SAME Small Business Conference.  Hope to see you there!

Federal Judge Suggests Congressional “Kill Switch” For Kingdomware SDVOSB Preferences

Posted on by

In a strongly-worded opinion, a federal judge decried a “labyrinth of legal and regulatory hoops and hurdles” imposed on the VA as a result of the famous Kingdomware Supreme Court decision–and suggested that Congress could exercise a “kill switch” to curtail or even eliminate the SDVOSB and VOSB contracting preferences the Supreme Court unanimously affirmed.

While I have no reason to suspect that Kingdomware is in any danger of being overturned or curtailed by Congress, its certainly not great news for SDVOSBs and VOSBs that a federal judge seems to be pushing for that very thing.

Continue reading →

New Consolidated SDVOSB Eligibility Requirements: the Good, the Bad, and the Downright Ugly

Posted on by

New, consolidated SDVOSB eligibility regulations kicked in on October 1.  The new regulations replace the old VA and SBA rules, which provided separate eligibility standards for SDVOSBs.

Veterans have long been confused by the fact that the Government operated two separate SDVOSB programs, each with its own standards.  The consolidated rule will eliminate that confusion, and that’s a very good thing.  There are also several other pieces of the new SDVOSB eligibility rule that veterans should like–but also some that aren’t so great, or that require further clarification as to how they’ll be applied.

We provided a broader overview of the new regulations earlier last week.  Now it’s time for me to get on my soapbox.  Without further ado, here’s my list of the good, bad, and the downright ugly from the new SDVOSB regulations.

Continue reading →

VA Will Use SBA SDVOSB Eligibility Rules Starting October 1, 2018

Posted on by

The VA will begin using the SBA’s eligibility rules to verify SDVOSBs and VOSBs beginning October 1, 2018.

In a final rule published today in the Federal Register, the VA confirms that the SBA’s eligibility requirements will apply beginning next week–but in my eyes, one very important question remains unanswered.

Continue reading →