SmallGovCon Week(s) In Review: June 29 – July 10, 2015

We took a break from SmallGovCon Week In Review last week to take time and relax over the 4th of July holiday and enjoy some fireworks! Here’s hoping that you and yours enjoyed the holidays, as well.

If you were too busy with Independence Day festivities to keep up with government contracting news, no worries.  We have you covered, with stories about a major False Claims Act settlement, a nearly four-year prison sentence for kickbacks, and campaign contributions by federal contractors, among other developments.

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ASBCA Appeals: Former Employee Could Not Represent Contractor

A former employee could not represent a contractor in an appeal filed with the Armed Services Board of Contract Appeals, even though the contractor’s owner had asked the former employee to serve as its representative.

In a recent decision, the ASBCA reiterated that, under its rules, a corporation must be represented by an officer or an attorney.  A former employee does not qualify.

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8(a) Program Fraud: Contractor Will Pay $7.8 Million

A former 8(a) program participant has agreed to pay nearly $8 million to settle allegations of 8(a) program fraud.

According to a Department of Justice press release, LB&B Associates Inc. will pay $7.8 million to resolve claims that it improperly obtained 8(a) certification (and 8(a) contracts) even though it was not controlled by a disadvantaged individual.

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Kingdomware SDVOSB Case: My Interview With Francis Rose

Later this year, the Supreme Court will take up the case of Kingdomware Technologies, Inc. v. United States.  The Court will decide whether the U.S. Court of Appeals for the Federal Circuit was correct to find that the VA need not give SDVOSBs and VOSBs a contracting preference so long as the VA is meeting its SDVOSB and VOSB goals.

If you follow SmallGovCon, you know my position: I think the Federal Circuit’s ruling was fundamentally flawed.  Last week, I spoke with Francis Rose of Federal News Radio about the case.  Click here to listen to my interview with Francis, and be sure to tune in to In Depth With Francis Rose weekdays from 4:00 p.m. to 7:00 p.m. Eastern on Federal News Radio.

SBA OHA: NAICS Code Appeals Allowed On Unrestricted Procurements

NAICS code appeals are now allowed on unrestricted procurements, so long as a change in NAICS code would affect the offeror’s size status for the procurement.

In a recent size appeal decision, the SBA Office of Hearings and Appeals confirmed that recent SBA regulatory amendments have overturned prior OHA case law prohibiting most NAICS code appeals on unrestricted procurements.

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Government Nears 25% In Small Business Awards; WOSBs & HUBZones Lag

The government awarded 24.99% of prime contracting dollars to small businesses in Fiscal Year 2014, a sharp increase over the 23.39% figure from 2013.

The SBA’s 2014 Small Business Procurement Scorecard, which was released today, shows that the government beat its 23% goal for the second year running.  It wasn’t all good news, though: the government again failed to meet its WOSB and HUBZone goals.

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SmallGovCon Week In Review: June 22-26, 2015

As June winds down and we head into the last weekend of the month, I hope you are finding time to relax and catch up on your Vitamin D this summer.  There was a lot in the news this week, starting with the Supreme Court’s decision to take on the Kingdomware SDVOSB case.  I will continue to keep you posted on Kingdomware, but in the meantime, here are some other government contracts stories making news this week.

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