Author Archives: Steven Koprince

Ambiguous Contractor Teaming Agreement Sinks CIO-SP3 Proposal

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Joint venture partner or subcontractor?  An offeror’s teaming agreement for the CIO-SP3 GWAC wasn’t clear about which tasks would be performed by joint venture partners and which would be performed by subcontractors–and the agency was within its discretion to eliminate the offeror as a result.

A recent GAO bid protest decision demonstrates that when a solicitation calls for information about teaming relationships, it is important to clearly establish which type of teaming relationship the offeror intends to establish, and draft the teaming agreement and proposal accordingly.

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Cost Realism: Agency Must Evaluate Employee Compensation Rates

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When an agency performs a cost realism evaluation under a solicitation involving significant labor costs, the agency must evaluate offerors’ proposed rates of employee compensation, not just offerors’ fully burdened labor rates.

In a recent bid protest decision, the GAO held that an agency erred by basing its realism evaluation on offerors’ fully burdened labor rates, without considering whether the direct rates of compensation were sufficient to recruit and retain qualified personnel.

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SmallGovCon Week In Review: November 7-11, 2016

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It’s been quite the week!  We began with a Presidential election to remember and are ending the week with a celebration of the veterans who have served our country.  On behalf of the entire team here at Koprince Law LLC, thank you to the many veterans who read SmallGovCon.  Your sacrifice and dedication to our country is truly a debt that can never be repaid.

Election coverage dominated the headlines this week, but there was  no shortage of government contracts news.  In this week’s SmallGovCon Week In Review, the DoD has changed its policy on independent research and development, Washington Technology takes a first look at what the Trump Administration will mean for federal contractors, the Court of Federal Claims is hearing a case that could decide whether the Kingdomware decision applies to AbilityOne procurements, and much more.

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GAO: Oral Final Proposal Revisions Were Permissible

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An agency did not act improperly by allowing for oral final proposal revisions, rather than permitting offerors to submit written FPRs following discussions.

In a recent bid protest decision, the GAO held that–at least in the context of a task order awarded under FAR 16.505–an agency could validly accept oral revisions to offerors’ proposals.

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GAO’s Jurisdiction Over Most Civilian Task Order Protests Has Expired

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The GAO’s jurisdiction to hear most protests in connection with task and delivery order awards under civilian multiple award IDIQs has expired.

In a recent bid protest decision, the GAO confirmed that it no longer has jurisdiction to hear protests in connection with civilian task and delivery order awards valued over $10 million because the underlying statutory authority expired on September 30, 2016.

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Thank You, Veterans!

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I am back in Lawrence after a great trip to Minneapolis last week for the 2016 National Veterans Small Business Engagement.  At the NVSBE, I presented four Learning Sessions: one on the nomanufacturer rule, the second on SDVOSB joint ventures, the third on best (and worst) practices in prime/subcontractor teaming agreements, and the fourth on common myths in the SBA’s size and socioeconomic set-aside programs (no, a contractor is not required to list a solicitation’s specific NAICS code in the contractor’s SAM profile).

It was great to see so many familiar faces and make so many new acquaintances.  A big thank you to the organizers for putting on this fantastic event and inviting me to speak.  Thank you, also, to all of the contractors, acquisition personnel and others who attended my Learning Sessions, asked insightful questions, and stuck around to chat afterwards.  Another “thank you” who those who stopped by the Koprince Law LLC booth on the trade show floor to talk about government contracts law and collect a spiffy Koprince Law pen.  And finally, thank you to all of the veterans who attended the NVSBE–and those who didn’t–for your service to our country.

SmallGovCon Week In Review: October 31-November 4, 2016

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Wow!  After 108 years, my Chicago Cubs are the World Series champions!  I was in Minneapolis for this year’s National Veterans Small Business Engagement (which was an amazing event), and split my Game 7 viewing between the hotel bar and my room.  I wish I could have been at Wrigley Field, and I wish that my grandfather (who really started the family on the whole Cubs thing) could have been alive to see it.  But I am sure somewhere he is smiling along with all the other Cubs fans who couldn’t see this moment.

While my week consisted mostly of convention halls and Cubs, there was no shortage of news in the world of government contracting.  In this week’s SmallGovCon Week In Review, a company was able to continue contracting with the VA even after it was indicted and convicted of fraud, a new report indicates that WOSBs are still being shut out of opportunities to earn major government contracts, a look ahead to the election and what changes may lie for federal contractors, a contractor gave a high-ranking government official free living space–and didn’t violate the ethics rules–and much more.

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