Author Archives: Steven Koprince

GovCon Voices: What the Government Wants, What It Really Really Wants

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According to USASpending.gov, the government spent $472,158,562,285 last year through contracting for services and products with large and small companies nationwide. This was a $34 billion increase over the previous year, and 2017 is anticipating another increase, especially in Department of Defense spending. None of the noted totals include entitlements, grants or non-contract obligations.

The real questions most contractors ask are what does the government really want, and how does it decide who wins what contract?

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SmallGovCon Week In Review: June 19-23, 2017

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Wednesday marked the official start of summer, and I’ll be spending the next few months taking full advantage–grilling out on the deck, enjoying a family beach trip, and more.  Whether you’re at the beach, on the deck, or sitting in an office cubicle, it’s always nice to have some good reading material.  And if you’re here at SmallGovCon, you’re among those who consider government contracting articles to be good reading material.

In this edition of SmallGovCon Week In Review, Bloomberg Government takes a look at how “mid-tier” contractors can get squeezed out of government work, the House Small Business Committee approves a bill to get some small contractors paid faster, the Army wasted as much as $28 million on “pretty” uniforms for Afghan soldiers, and more.

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Past Performance Reference From Sister Company Was “Inherently Biased”

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In its evaluation of past performance, an agency was permitted to disregard a past performance reference prepared by an offeror’s sister company–which also happened to be in line for a subcontracting role.

In a recent bid protest decision, the GAO upheld the agency’s determination that the sister company’s reference was “inherently biased” and need not be considered in the agency’s past performance evaluation.

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Tax Extensions Don’t Impact Small Business Size, SBA OHA Confirms

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Contrary to common misconception, a contractor’s small business status under a receipts-based size standard ordinarily is based on the contractor’s last three completed fiscal years–not the last three completed fiscal years for which the contractor has filed a tax return.

In a recent size appeal decision, the SBA Office of Hearings and Appeals confirmed that a contractor cannot change the relevant three-year period by delaying filing a tax return for the most recently completed fiscal year.

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SmallGovCon Week In Review: June 12-16, 2017

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This Sunday we celebrate Father’s Day.  I’m looking forward to celebrating with my kids, my father, and my brother (himself the father of three). Happy Father’s Day to all the other dads out there!

In this mid-June edition of SmallGovCon Week In Review, about 500 new small business partners were added to the GSA 8(a) STARS II vehicle , a USAID Deputy Director pleads guilty to procurement fraud charges, new SBA Administrator Linda McMahon wants to implement more efficient processes for contractors to obtain socioeconomic certifications, and much more.

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Limitations On Subcontracting: FAR Change In The Works

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It’s been more than a year since the SBA issued a final rule overhauling the limitations on subcontracting for small business contracts.  The SBA’s rule, now codified at 13 C.F.R. 125.6, changes the formulas for calculating compliance with the limitations on subcontracting, and allows small businesses to take credit for work performed by similarly situated subcontractors.

But the FAR’s corresponding clauses have yet to be changed, and this has led to a lot of confusion about which rule applies–especially since many contracting officers abide by the legally-dubious proposition that “if it ain’t in the FAR, it doesn’t count.”  Now, finally, there is some good news: the FAR Council is moving forward with a proposed rule to align the FAR with the SBA’s regulations.

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Agency Creates Fake Source Selection Documents

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An agency has been caught creating fake source selection documents to pad its file in response to several GAO bid protests.

A recent GAO bid protest decision shows that, after award, the agency created new source selection documents and revised others, then pretended those documents had been part of the contemporaneous source selection file.  And although the agency’s conduct resulted in the cancellation of a major procurement, it’s not clear whether the agency employees who created the fake documents will face any punishment.

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