GAO: No “Public Posting” Of Solicitation In Closed Government Office

An agency failed to meet its obligations to properly publicize a simplified acquisition valued between $15,000 and $25,000 where the agency placed the solicitation in a three-ring binder at the reception desk in a government office–and that office was closed during most of the relevant time.

In a recent decision, the GAO affirmed that principle that even when the dollar value of a simplified acquisition doesn’t meet the requirement for electronic posting on FedBizOpps, the agency still must take reasonable steps to maximize competition.

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SmallGovCon Week In Review: October 24-28, 2016

The curse is broken!  For the first time in 71 years, my Chicago Cubs will play a World Series game in Wrigley Field tonight.  While I wish I could be in Wrigley to cheer them on, the ticket prices are being called “record breaking,” and not in a good way.  So I’ll be watching with my family from the comfort of my couch right here in Kansas–which, if nothing else, will offer the advantage of a better dinner than the ballpark (I’ll take chicken smoked on the Big Green Egg over a ballpark hot dog any day).

But before I head home to watch the first pitch, it’s time for our weekly dose of government contracting news and notes.  In this week’s SmallGovCon Week In Review, a judge has blocked implementation of the Fair Pay and Safe Workplaces Rule, Guy Timberlake sounds the alarm about proposed changes to small business goaling, a group of contract employees have gone on strike in protest of alleged legal violations, and much more.

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SDVOSBs & VOSBs: I’ll See You In Minneapolis For NVSBE 2016

If you are a service-disabled veteran owned small business or veteran-owned small business, there’s no bigger event than the annual National Veterans Small Business Engagement.

This year’s NVSBE will be in Minneapolis, and is less than a week away.  I am excited to announce that I’ll be presenting four Learning Sessions at the 2016 NVSBE on a variety of legal topics important to SDVOSBs and VOSBs.

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HUBZone Program: Employees Must Reside In HUBZones On Award Date

In order for an employee to count as a HUBZone resident for purposes of a specific HUBZone contract, the employee must reside in an officially designated HUBZone on the contract award date.

A recent decision of the U.S. Court of Federal Claims is a cautionary tale for HUBZone companies, which are responsible for ensuring that the 35% employee residency requirement is met on the award date.

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SmallGovCon Week In Review: October 17-21, 2016

It is KU’s homecoming weekend here in Lawrence.  I’m planning to catch KU’s homecoming parade with the family tonight, and then cheer KU onto football victory tomorrow against Oklahoma State (ok, that last part may be wishful thinking).

Of course, before we all head out to enjoy an autumn weekend, it’s time to get caught up on the latest in federal government contracting news.  In this week’s SmallGovCon Week In Review, a former State Department employee will spend four years in prison for helping steer contracts to his son’s company, the IRS awards contracts to contractors owing back taxes, one commentator sounds a well-worn (and in my view, essentially incorrect) alarm about bid protests, and much more.

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Thank You, Philadelphia!

I am back in Lawrence after a great trip to Philadelphia, where I spoke at the  11th Annual Veterans Business Training and Outreach Conference.  My presentation focused on recent legal changes important to SDVOSBs and VOSBs, including major changes to the SDVOSB joint venture requirements and the new “all small” mentor-protege program.

Many thanks to Clyde Stoltzfus and his team at the Southeast Pennsylvania PTAC for organizing this great event and inviting me to speak.  And of course, a big “thank you” as well to everyone who attended the presentation, asked great questions, and followed up after the event.

Next on my travel agenda, I’ll be at the National Veterans Small Business Engagement in Minneapolis from November 1-3.  I will present four Learning Sessions at the NVSBE, and will spend my “spare” time manning the Koprince Law LLC booth on the tradeshow floor.  If you’ll be attending the 2016 NVSBE, I look forward to seeing you there!

SBA Revises 8(a) JV Regulation–But Confusion Remains

Stating that populated joint ventures have now been eliminated, the SBA has revised its 8(a) joint venture regulations to reflect that change.

In a technical correction published today in the Federal Register, the SBA flatly states that an earlier major rulemaking eliminated populated joint venture, and tweaks the profit-sharing piece of its 8(a) joint venture regulation to remove an outdated reference to populated joint ventures.  But even following this technical correction, there are three important points of potential confusion that remain (at least in my mind) regarding the SBA’s new joint venture regulations.

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