Author Archives: Steven Koprince

GAO Bid Protest Effectiveness Hits 47%–So Why Doesn’t Bid Protest “Reform” Address Government Shortcomings?

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GAO bid protests succeeded almost half the time in Fiscal Year 2017.

According to the GAO’s latest Bid Protest Annual Report, the effectiveness rate of GAO bid protests was 47% in the recently-completed fiscal year.  The statistics are striking, because they come just as Congress is finalizing the 2018 National Defense Authorization Act, which includes measures aimed at reducing bid protests.  But with bid protests succeeding at a nearly 50% clip, why does the protest “reform” debate seem to center almost entirely on discouraging contractors to protest, rather than on decreasing the number of flawed source selection evaluations?

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Not Reading the PWS is a Bad Idea, ASBCA Confirms

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Here at SmallGovCon, we often write about nuanced, complex government contracting legal issues.  This isn’t one of them.

The moral of today’s story comes straight from the personal superhero files of Captain Obvious: not reading the performance work statement in your own contract is a pretty bad idea.

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ASBCA: Under FAR, “Days” Meant Calendar Days, Not Business Days

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The period of performance under a government contract, measured in “days,” meant calendar days–not business days, as the contractor contended.

In a recent decision, the Armed Services Board of Contract Appeals applied the FAR’s general definition of “days” in holding that a contractor had not met the contract’s performance schedule.

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SmallGovCon Week in Review: November 6-10, 2017

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Happy Veterans Day to all our SmallGovCon readers. We hope that you will take some time today and tomorrow to honor the strength, loyalty and commitment that our brave veterans dedicated to this country. Veterans, we are deeply grateful for your service.

This edition of SmallGovCon Week In Review brings a look at six large companies with a high reliance on government contracts, the “Amazon Amendment” and how Amazon is looking to expand it’s operations through government procurement, the removal of Fair Pay and Safe Workplaces Rule, tips for WOSBs to succeed in the federal marketplace, and much more.

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Thank You, NACA!

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I am back in Lawrence after a great trip to Washington, DC where I attended the Native American Contractors Association 2017 Federal Contracting Policy and Advocacy Conference.  I was part of a great panel yesterday on the future of federal contracting.  The panel spoke about GAO bid protests, the move away from lowest-price technically-acceptable procurements, the need to improve the HUBZone program, and other important topics facing the contracting community in the years to come.

A huge “thank you” to Mike Anderson, Chelsea Fish, and the entire NACA leadership team for organizing this fantastic event and inviting me to participate.  And a big thanks also to everyone who attended the panel and stopped by the Koprince Law LLC booth.  It was wonderful to see so many old friends and make plenty of new ones.

Next on my travel agenda: the National Veterans Small Business Engagement.  If you will be attending the NVSBE, I look forward to seeing you in St. Louis.

SmallGovCon Week In Review: October 30-November 3, 2017

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Although the temperatures outside may be dropping, things are heating up in the contracting world. Now one month into the 2018 federal fiscal year, agencies have new budgets and there is a lot money to be spent. We will keep a close eye on awards, regulation changes, and related issues to federal contracting all year long, right here on SmallGovCon.

Let’s get the weekend started off by recapping the latest federal contracting news. In this edition of SmallGovCon Week In Review, we look at the potential for a DUNS replacement, a three-year prison sentence for accepting kickbacks in exchange for contracts, awards for GSA’s $5 billion VETS 2 IT services vehicle, and much more.

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8(a) Program: Participant Terminated For Missing Annual Review

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Participants in the SBA’s 8(a) Program must timely submit their annual review packages to the SBA.

In a recent decision, the SBA Office of Hearings and Appeals held that the SBA may terminate a participant from the 8(a) Program for failing to provide the required information–even if the 8(a) company’s owner has had personal difficulties that contributed to the failure.

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