Let’s Replace SBA Small Business Goaling Grades with Participation Trophies

Posted on May 29, 2018 by Steven Koprince

For Fiscal Year 2017, SBA’s small business goaling scorecard awarded 21 agencies grades of “A+” or “A” for their small business contracting and subcontracting. Two agencies received a “B” and a single, lonely agency brought up the rear with a “C.” Not one agency received a grade below “C,” even agencies that missed most of their small business goals.

It was a “record breaking” performance, to hear SBA tell it. But these inflated grades do a disservice to the public and government alike. So long as almost everyone is going to get a top grade anyway, I say we just replace next year’s SBA goaling grades with agency participation trophies.

Thank You, DOE Small Businesses!

Posted on May 24, 2018 by Steven Koprince

I am back in Lawrence after a great trip to Houston, where I spoke at the DOE 17th Annual Small Business Forum & Expo. My breakout session on the Top 10 Legal Issues for Small Contractors covered a range of topics from enhanced debriefings to joint ventures.

A big thank you to Earl Morgan, Anita Anderson, and all the other organizers of this outstanding event. And thank you, also, to everyone who attended my session and stuck around afterward to ask questions.

I’ll be in Wichita on June 5 to present a much longer version (a half-day!) of the Top 10 Legal Issues seminar. To register, visit the Kansas PTAC website. I hope to see you there!

Small Business Participation Declines, But SBA Still Gives Government High Marks

Posted on May 23, 2018 by SmallGovConContributor

It’s that time of year again. School’s ending for the summer and kids are coming home (some sheepishly) with their report cards. And with the close of Fiscal Year 2017, the federal government has also been given its report card.

Like last year, the FY 2017 report card reveals a mixed bag. Though the SBA gave the federal government another “A,” the bottom-line numbers reveal a troubling trend for small business government contractors.

Incumbent Not Entitled to “Extra Credit” in Transition Evaluation, GAO Says

Posted on May 21, 2018 by Steven Koprince

An incumbent contract wasn’t entitled to receive “extra credit” in the agency’e evaluation of offerors’ transition plans.

In a recent bid protest decision, the GAO held that the agency reasonably awarded a non-incumbent more strengths than the incumbent in the evaluation of transition plans, writing that incumbency alone doesn’t automatically entitle the incumbent to the highest-possible transition plan score.

At GAO, Challenge of Restrictive Terms of Solicitation Tough Burden to Meet

Posted on May 21, 2018 by Shane McCall

How does a company go about challenging overly restrictive terms in a solicitation? In order to make such a challenge (and some of them do succeed), it is necessary to show something more than just the fact that a protestor cannot meet the terms of the solicitation.

A recent GAO decision provides a real-world example of how not to challenge a solicitation as overly restrictive of competition and reinforces that this can be a difficult thing to prove at GAO.

SmallGovCon Week in Review: May 14 – 18, 2018

Posted on May 18, 2018 by SmallGovConContributor

As we head into the second half of May, it is time for graduation parties and summer fun. But before we enjoy the weekend, it’s Friday and time for the SmallGovCon Week in Review.

In this week’s edition, we highlight GAO giving contractors a second chance to make it into the OASIS unrestricted pool; an audit showing that DOD isn’t giving small businesses enough opportunity; DSS’ plans for a new methodology to vet security of contractor facilities; and more.

Late Bid Revision Costs Bidder The Award

Posted on May 16, 2018 by SmallGovConContributor

When a bidder submits a bid under a sealed bid procurement, it is responsible for ensuring that the bid is timely submitted. But what happens if a bidder wants to revise a bid that’s already been submitted?

As a recent GAO case shows, even a revised bid must be timely submitted in order for it to be considered. If a bidder tries to revise its bid too late in the process, it might end up costing itself the award.