Author Archives: Steven Koprince

Reminder: Large Primes Must Assign NAICS Codes To Subcontracts

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The FAR Council recently proposed amendments to Part 19 regarding large prime contractors’ subcontracting plans.  The amendments require, among other things, that a large prime include in its subcontracting plan the “NAICS code and corresponding size standard of each subcontract” that it will award to a small business.

The proposed FAR amendment assumes that large prime contractors are assigning NAICS codes to their subcontracts, and with good reason–the SBA’s regulations require it.  In my experience, however, many large primes are not doing so.

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GAO: No Review Of Unsolicited Proposal Protest

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The GAO generally will not review an agency’s decision not to accept a company’s unsolicited proposal to the federal government.

As demonstrated in a recent bid protest decision, because one of the GAO’s functions is to promote full and open competition, the GAO ordinarily will not consider a protest contending that an agency should have made a sole source award based on an unsolicited proposal.

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SDVOSB Indictment: Full-Time Postal Carrier Was SDVOSB “Rent-A-Vet”

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The government has accused a service-disabled veteran who was employed full-time as a U.S. Postal Service Carrier is accused of being a “rent-a-vet” used to obtain contracts for his brother’s company.

According to a Department of Justice press release, a grand jury has indicted both men, as well as a business partner for SDVOSB fraud–and all three face the potential of significant jail time.

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Simplified Acquisition Threshold Increase: My Interview With Francis Rose

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The House of Representatives has proposed an enormous increase in the simplified acquisition threshold, from $150,000 to $500,000.  In an interview aired on June 4, Francis Rose and I discussed the proposed increase, as well as a recent GAO decision regarding an agency’s obligation (or lack thereof) when it comes to informing an offeror that its price is too high.

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.

Nonmanufacturer Rule Class Waivers: SBA OHA Explains How They Work

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Under the nonmanufacturer rule, a class waiver applies to a procurement only if the NAICS code, Product Service Code and NAICS code descriptor match the item being procured.

Contrary to a common misconception, a nonmanufacturer rule class waiver is not authorized on the basis of the NAICS code alone.  In a recent size appeal decision, the SBA Office of Hearings and Appeals concisely explained how nonmanufacturer rule class waivers work.

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SmallGovCon Week In Review: May 25-29, 2015

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As we close out our short four day week here at Koprince Law, there was no shortage of news on hand. This week’s top articles feature stories from news sources such as The Hill, Set-Aside Alert, Federal News Radio, GovConChannel and FCW.

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