Thank You, Indian Country!

Posted on August 23, 2018 by Steven Koprince

I am back from a great trip to Norman, Oklahoma where it was an honor to be part of the annual Indian Country Business Summit. My talk at the ICBS covered recent legal developments in government contracting law, including the Section 809 Panel reports, the strict SBA SDVOSB ownership requirements, enhanced debriefings, and much more.

A big thank you to the Tribal Government Institute and Oklahoma Bid Assistance Network for sponsoring this wonderful event, and Victoria Armstrong and everyone who worked with her to organize it. And, of course, thank you to all of the clients, old friends, and new faces I met and spoke with at the conference.

I’ve been a road warrior recently, but will be sticking around town for awhile as the fourth quarter heads into its last stretch. Next up on my schedule: the Buy, Build and Sell Conference in Washington, DC on October 11. I’m looking forward to spending a day in my old DC stomping grounds.

Size Protests: Ignorance Doesn’t Excuse Failure to Respond

Posted on August 22, 2018 by SmallGovConContributor

If you’ve ever responded to an SBA size protest, you know that the process is quite involved: SBA will require your company to provide a complete response to the protest (including production of corporate, financial, and tax records for all implicated concerns) within only a few business days. The consequences for not providing all of the requested information can be quite severe, as the SBA can presume that the responsive information would demonstrate that the concern is not a small business (through its “adverse inference” rule).

A recent OHA appeal shows the dangers of failing to adequately respond to a size protest. In Size Appeal of Perry Johnson & Associates, SBA No. SIZ-5943 (2018), the OHA affirmed the SBA’s reliance on an adverse inference and, as a result, found the protested company was not an eligible small business.

SmallGovCon Week in Review: August 13-17, 2018

Posted on August 17, 2018 by SmallGovConContributor

It’s mid-August, which means school is back in session! If you have little ones, we hope they had a nice first few days back.

But before we head out to enjoy the weekend, let’s take a look at the SmallGovCon Week in Review. In this week’s edition, the Pentagon’s procurement process is criticized, contractors are reminded how to prep for a government shutdown (let’s hope one doesn’t happen), and more.

Have a great weekend!

DoD Micro-Purchase Threshold Will Increase to $10,000

Posted on August 16, 2018 by Steven Koprince

The Department of Defense’s micro-purchase threshold will double, from $5,000 to $10,000, under the 2019 National Defense Authorization Act.

The increase in the DoD micro-purchase threshold will put the DoD on par with civilian agencies after Congress increased the civilian micro-purchase threshold to $10,000 in last year’s NDAA.

Yes, Contract Spending Really Does Increase a Lot in September, USASpending Says

Posted on August 15, 2018 by Steven Koprince

We’re halfway through the government’s fourth quarter, and experienced contractors know what that means–lots of awards on the horizon.

According to a fascinating new analysis from USASpending.gov, the fourth quarter spike in contract awards is quite real, and quite significant: the value of average weekly contract spending in the final week of the fiscal year is more than double that of the next-highest weekly average.

GAO Jurisdiction Limited to Federal Agency Procurements, Whether or Not Federal Funds Involved

Posted on August 14, 2018 by Shane McCall

GAO has the authority to oversee bid protests involving many different government agencies. But its jurisdiction has limits, such as that it won’t consider protests of certain activities at the U.S. Mint.

One other limitation is that, when a federal agency provides funding to a non-federal entity and that non-federal entity procures services through competitive award, GAO will not consider a protest of that award. A recent GAO decision confirmed the lack of jurisdiction in a situation involving a competitive procurement by a federally recognized tribe using FEMA grant money.

VetBiz Verification Not Required For Non-VA SDVOSB Contracts, SBA OHA Reiterates

Posted on August 10, 2018 by Steven Koprince

Despite a longstanding and very common misconception, the VA’s SDVOSB verification requirement doesn’t apply to non-VA SDVOSB contracts.

As the SBA Office of Hearings and Appeals recently reiterated, it was “simply not correct” to believe that a company was required to be verified in VetBiz to be awarded a non-VA SDVOSB contract.