SmallGovCon Week In Review: January 29 – February 2, 2018

I’m back in the office from my great trip to Nashville for the 2018 National 8(a) Association Small Business Conference. This weekend, I’m looking forward to watching the Super Bowl and cheering on the Eagles (or rather, with apologies to our New England-based clients, cheering against the Patriots).

Before we prepare for hours of football and outlandish commercials, let’s recap what went on this week in the world of government contracting. This week, we take a look at why it’s a good time to be a federal contractor, why RFIs may be a waste of time and money, a financial fraud case involving a scheme to falsely secure more than $13.8 million in SDVOSB contracts, and much more.

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Thank You, 8(a)s!

I am back in Lawrence after a wonderful three days at the National 8(a) Association 2018 Small Business Conference in Nashville.  I was part of a great panel on Wednesday on the SBA’s All Small Mentor-Protege Program, and spent a lot of time on the trade show floor talking about government contracts with 8(a)s, government leaders, and large businesses.

A big “thank you” to Ron Perry, Paula Arevalo, and the rest of the National 8(a) Association for inviting me to participate in this fantastic event.  Thank you, also, to everyone who attended my panel or stopped by the Koprince Law LLC booth to say hello.  It was great to see so many familiar faces and make many new connections.

I’ll be sticking close to home in February, but head to sunny Florida in early March for the APTAC Spring Conference.  PTAC counselors, I look forward to seeing you there!

Why Do People Keep Stealing My Books at GovCon Conferences?

It happened again this morning.  I was at a government contracts conference (which was great, by the way), and stepped away from my trade show booth for a few minutes.

While I was gone, someone stole one of my display copies of Government Contracts Joint Ventures, our new GovCon Handbook.  It’s not the first time a display copy of one of my books has been pilfered at an industry event.  Why do people keep stealing my books at government contracts conferences?

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SBA Proposes Consolidated SDVOSB Eligibility Rules

The SBA has released its proposed consolidated rule for SDVOSB eligibility, which was published in the Federal Register today.  Once the rule becomes final, it will apply government-wide, to both VA and non-VA SDVOSB contracts.

For SDVOSBs, a uniform set of rules is a very good thing.  There has been far too much chaos and confusion under the current system, in which the SBA and VA have different SDVOSB eligibility requirements.  But how about the substance of the proposal itself?  Well, there are certainly some things to like–and some areas that could use improvement.

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GAO: Evaluation of Affiliate’s Past Performance is Optional

In its past performance evaluation, an agency typically can consider the past performance of an offeror’s affiliate, so long as the offeror’s proposal demonstrates that the resources of the affiliate will affect contract performance.

But, as demonstrated in a recent GAO decision involving an Alaska Native Corporation subsidiary, ordinarily there is no requirement that an agency consider an affiliate’s past performance.  In other words, unless the solicitation speaks to the issue, the agency’s consideration of an affiliate’s past performance is optional.

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SmallGovCon Week In Review: January 22-26, 2018

Next week, I’m off to Nashville for the National 8(a) 2018 Small Business Conference.  If you plan to attend the conference, please swing by the Koprince Law LLC booth to say hello and check out copies of Government Contracts Joint Ventures, our recently-published handbook for contractors. Before I head off to Music City we are here to bring you this edition of SmallGovCon Week In Review.

This week, Washington Technology looks at the effect of the shutdown on contractors (and what may lie ahead if it happens again in February), Lockheed Martin agrees to a $4.4 million False Claims Act settlement, an Ohio woman faces penalties in an apparent SDVOSB “rent-a-vet” scheme, the city of Huntsville, Alabama kicks off a new HUBZone accelerator program, and much more.

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Small Business GAO Bid Protests Are Less Successful, RAND Study Says

GAO bid protests filed by small businesses are (statistically speaking) less likely to succeed than protests filed by large contractors, according to the RAND Corporation’s recent bid protest study.

The disparity isn’t the result of discrimination against small businesses, but rather a product of other factors: primarily, the motivation to protest, the understanding of the protest system, and access to legal counsel.  RAND raises an important point, but offers no fair and easy solution.  Perhaps, given that protests overall are “exceedingly uncommon,” a solution isn’t needed–but it’s wise to think about whether there are ways to help small businesses become better educated about bid protests.

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