Populated or Unpopulated? Ambiguous JV Agreement Sinks 8(a) Award

An 8(a) joint venture agreement was ambiguous about whether the joint venturers intended to create a populated joint venture (which is no longer allowed) or an unpopulated joint venture–and the ambiguity cost the joint venture an 8(a) set-aside contract.

In a recent decision, the U.S. Court of Federal Claims upheld the SBA’s decision to reject a joint venture agreement that was ambiguous about whether the joint venture was populated or unpopulated.

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Let’s Replace SBA Small Business Goaling Grades with Participation Trophies

For Fiscal Year 2017, SBA’s small business goaling scorecard awarded 21 agencies grades of “A+” or “A” for their small business contracting and subcontracting.  Two agencies received a “B” and a single, lonely agency brought up the rear with a “C.”  Not one agency received a grade below “C,” even agencies that missed most of their small business goals.

It was a “record breaking” performance, to hear SBA tell it.  But these inflated grades do a disservice to the public and government alike.  So long as almost everyone is going to get a top grade anyway, I say we just replace next year’s SBA goaling grades with agency participation trophies.

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Thank You, DOE Small Businesses!

I am back in Lawrence after a great trip to Houston, where I spoke at the DOE 17th Annual Small  Business Forum & Expo.  My breakout session on the Top 10 Legal Issues for Small Contractors covered a range of topics from enhanced debriefings to joint ventures.

A big thank you to Earl Morgan, Anita Anderson, and all the other organizers of this outstanding event.  And thank you, also, to everyone who attended my session and stuck around afterward to ask questions.

I’ll be in Wichita on June 5 to present a much longer version (a half-day!) of the Top 10 Legal Issues seminar.  To register, visit the Kansas PTAC website.  I hope to see you there!

Incumbent Not Entitled to “Extra Credit” in Transition Evaluation, GAO Says

An incumbent contract wasn’t entitled to receive “extra credit” in the agency’e evaluation of offerors’ transition plans.

In a recent bid protest decision, the GAO held that the agency reasonably awarded a non-incumbent more strengths than the incumbent in the evaluation of transition plans, writing that incumbency alone doesn’t automatically entitle the incumbent to the highest-possible transition plan score.

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Thank You, Michigan!

I am back in Lawrence after a great trip to Flint, Michigan on Friday for the Region 6 PTAC’s Meet the Buyer event.  My luncheon keynote covered some of the most important recent developments for government contractors, including the SAM “hack,” some major pieces of the 2018 National Defense Authorization Act, and much more.

A big thank you to Jasmine McKenney, Maureen Miller and their colleagues for inviting me to speak.  And thank you, as well, to everyone I met at the event–particularly those who stuck around after the keynote to ask such great questions.

Next up on the travel agenda: a flight south to Houston, where I’ll be presenting next week at the 17th Annual DOE Small Business Forum & Expo.  Hope to see you there!

VA Suspends SDVOSB/VOSB Applications Effective May 21

On May 21, 2018, the VA will suspend SDVOSB and VOSB applications for “approximately thirty (30)” days while the VA transitions to a new VIP interface.

According to a notice posted on the VA OSDBU website, the suspension will affect “both new applications and applications for re-verification.”  However, the VA CVE “will continue processing previously submitted applications during the suspension.”  The VA doesn’t beat around the bush: “any applicants (Veterans) that desire to have their cases begin the verification process before the suspension start date, should strongly consider case submission completion to VIP prior to May 21, 2018.”

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SmallGovCon Week in Review: April 30 – May 4, 2018

It’s Friday and I’m looking forward to a great weekend here in the Midwest.  The Kentucky Derby will be run on Saturday, so if horses are your thing, grab your best (or most outrageous) hat, a mint julep and enjoy!  But first, it’s time to find out what is new in the wide world of government contracts.

In this week’s edition of the SmallGovCon Week in Review, an acquisition reform panel says it is on track to reduce the size of the DFARS by 50%, alleged SBIR fraud results in a $1.9 million settlement, the DoD resumes its attack on contractors’ protest rights, and more.

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