SmallGovCon Week in Review: Sept. 7-11, 2020

Before 2001, September 11 was just another day on the calendar. Now, nineteen years later, that date is burned into the minds of everyone old enough to remember. Today, let’s all take a moment to honor those who died, their loved ones, and the first responders who risked their lives to help others.

Before we head into the weekend, it’s time for our weekly look at what’s happening in the world of federal government contracts. In this week’s SmallGovCon Week in Review, a contractor agrees to pay back wages and fringe benefits after a government investigation, supply chain problems are hampering the typical end-of-fiscal-year spending boom, and much more.

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Beta.SAM.gov: Check Early & Check Often!

If we’ve said it once, we’ve said it a thousand times: when it comes to submitting your GAO protest, meeting GAO’s strict timeliness requirements is a must. So is watching out for notices on contract awards posted online. In Prudential Protective Services, LLC, B-418869 (Aug. 13, 2020), the protest was dismissed as untimely because it was filed more than 10 days after notice of the award was posted to beta.SAM.gov.

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In VA Tiered Evaluation, Small Business Couldn’t Protest SDVOSB Discussions

After the Supreme Court’s unanimous Kingdomware decision affirmed the VA’s statutory obligation to prioritize SDVOSBs in its contracting, the VA authorized the use of so-called “tiered evaluations.” In a typical VA tiered evaluation, various categories of offerors can submit proposals, but SDVOSB proposals are considered first, then VOSB proposals, and so on.

Recently, a non-SDVOSB small business protested the VA’s decision to open discussions with the only SDVOSB offeror to submit a proposal–discussions that allowed the SDVOSB to win the contract. But according to the GAO, the small business couldn’t file a valid protest because the small business wasn’t in the same tier.

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SmallGovCon Week In Review: August 31 – September 4, 2020

It’s been a great (and busy) week for me and my colleagues at Koprince Law as we settle into our new roles. Along with our new roles, keeping our SmallGovCon readers apprised of the latest and greatest in government contracting remains one of our passions. As you move into a (hopefully relaxing) Labor Day weekend, let the sweet sounds of these government contracting updates be your guide.

This week, we’ve had updates on some big DOD contracts, Section 889 updates, and GSA evaluating price on some contracts at order–rather than IDIQ–level.

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Ring Ring! GAO Sustains Protest of Awardee’s Conflict of Interest

Agencies have broad discretion when it comes to evaluating potential organizational conflicts of interest–but that discretion isn’t unlimited. In a recent decision involving a fight between two telecommunications giants, the GAO sustained the protest, holding that the the agency unreasonably concluded that there was no possibility of an “impaired objectivity” OCI arising from the award.

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Don’t Forget the Attachments: A Quick Reminder from SBA’s OHA

Did you remember to staple the cover sheet to your TPS report? And, more importantly, if you recently filed a CVE Appeal with the Small Business Administration’s Office of Hearings and Appeals, did you remember to attach a copy of your CVE denial or cancellation?

In OHA’s recent, and very short, decision, Joy Corporation, SBA No. CVE-155-A (Aug. 13, 2020), it reminded appellants that failure to do so will result in almost instant dismissal. To ensure you avoid this fate, read on.

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SmallGovCon Week In Review: August 24 – August 28, 2020

Hi SmallGovCon readers, this has been a busy and exciting week at Koprince Law! As we announced earlier, I’m proud to be the new managing partner and prouder still that Nicole Pottroff and Haley Claxton have been named senior associates at the firm. Keep tuning in, because we’ll be bringing you all the updates and commentary on federal contracting news that you can handle!

This week also saw some news in the wider federal contracting world, including a new frictionless acquisition approach, a next phase of category management, and a global construction services recompete.

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