Author Archives: Steven Koprince

SmallGovCon Week In Review: December 4-8, 2017

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I am back in the office after a great time at the 2017 National Veterans Small Business Engagement in St. Louis. I was able to see many familiar faces and meet many new ones. A big thanks to everyone who attended my presentation on the nonmanufacturer rule and visited the Koprince Law booth–and most of all, thank you to all the veterans I met for your service and sacrifices.

In this edition of SmallGovCon Week In Review, we take a look at two separate cases where contractors conspired to defraud the government, the Census Bureau is finally able to move forward with preparations for the 2020 Census, the General Services Administration has named its new leader, and much more.

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VA Considering “Tiered Evaluations” To Address SDVOSB Price Concerns

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The VA is considering using so-called “tiered evaluations” to address concerns that SDVOSBs and VOSBs may not always offer “fair and reasonable” pricing, even when two or more veteran-owned companies compete for a contract.

In a session yesterday at the National Veterans Small Business Engagement, a panel of VA acquisition leaders described the potential tiered evaluation process.  It’s hard to argue that the VA isn’t entitled to fair and reasonable pricing, but judging from the reaction in the room, some SDVOSBs and VOSBs may wonder whether tiered evaluations are an effort to circumvent Kingdomware.

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SmallGovCon Weeks In Review: November 20-December 1, 2017

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As we step into December, I am looking forward the 2017 National Veterans Small Business Engagement conference next week. The NVSBE is one of my favorite annual government contracting events.  If you’ll be in St. Louis next week, please stop by the Koprince Law LLC booth to say hello.

SmallGovCon Week in Review took a break last week for the Thanksgiving holiday, so today’s edition covers government contracting news and notes from the past two weeks.  In this edition, several companies have protested the GSA’s recent Alliant 2 awards, two whistleblowers receive a big payout after uncovering procurement fraud, GAO bid protests declined in 2017 (while the effectiveness rate of protests went up), and much more.

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GAO Suspends Protester–Again–For “Abusive Litigation Practices”

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The GAO has suspended a protester for “abusive litigation practices,” for the second time.

Last year, the GAO suspended Latvian Connection LLC from participating in the GAO bid protest process for one year, after the firm filed 150 protests in the course of a single fiscal year.  Now, citing “derogatory and abusive allegations,” among many other concerns, the GAO has re-imposed its suspension–this time, for two years.

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“Similarly Situated Entities” Exempt From Ostensible Subcontractor Affiliation, SBA OHA Confirms

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A “similarly situated entity” cannot be an ostensible subcontractor under the SBA’s affiliation rules.

In a recent size appeal decision, the SBA Office of Hearings and Appeals confirmed that changes made to the SBA’s size regulations in 2016 exempt similarly situated entities from ostensible subcontractor affiliation.

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GAO: Agencies May Consider Outside Past Performance Information

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When an agency requests that offerors provide past performance references, the agency ordinarily is not precluded from considering outside past performance information.

In a recent bid protest decision, the GAO confirmed that an agency’s past performance evaluation may include information outside the past performance references submitted by the offeror–and the agency can use any negative past performance information to downgrade the offeror’s score.

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SmallGovCon Week in Review: November 13-17, 2017

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It’s the Friday before Thanksgiving, which means if you haven’t gone shopping yet, you may be facing the chaos of the grocery stores this weekend in preparation. Or, perhaps, you’re skipping the extensive meal preparation and going for something very simple (as a college student in North Carolina, I once classed it up by having Bojangles for Thanksgiving. Fantastic sweet tea, special seasoning, and no dishes!)

Even around the holidays, the world of government contracting doesn’t slow down that much. In this pre-Thanksgiving edition of SmallGovCon Week in Review, we take a look at two men facing five years in prison for fraudulently obtaining $20 million in contracts at Fort Gordon, the 2018 NDAA’s effect on GAO bid protests, new legislation intended to give equal consideration to VOSBs for contract awards, and much more.

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