Wrong File Format? No Problem, Says GAO (At Least This Time)

Posted on October 13, 2017 by Shane McCall

Ahh, fall. A time for football, hay rides, and returning to campus. Being in a college town, we are always reminded that students are back on campus due to the increased traffic, the homecoming parade, and the increased buzz (no pun intended) around the town. The onset of fall sometimes dredges up unwanted memories about turning in term papers and meeting all the inane requirements insisted upon by the professor.

A recent GAO opinion also brought me back to my college days. Specifically, what happens when the government (kind of like a college professor) sets a requirement for a certain type of file format for a solicitation, but the offeror submits a proposal in a different file format? A recent GAO opinion answers that question in the contractor’s favor–although GAO’s ruling isn’t a blanket permission slip for contractors to ignore file format requirements.

Thank You, Utah!

Posted on October 13, 2017 by Steven Koprince

I am back from a great trip to Salt Lake City, where I spoke at the Utah PTAC Symposium. My talk at the symposium centered on prime/subcontractor teams and joint ventures–topics of ever-increasing interest for small and large contractors alike.

It was wonderful to see so many clients and old friends at the Symposium and meet so many new people, too. A big “thank you” to Chuck Spence and his team at the Utah PTAC for organizing this event and inviting me to speak. And thank you, also, to everyone who attended my seminar and stopped by the Koprince Law LLC booth to talk about government contracts.

I’ll be sticking around Kansas for a few weeks, although I’ll be making a short trip down to Wichita on Tuesday to give a half-day session on the SBA’s All Small Mentor-Protege Program, sponsored by the Kansas PTAC. If you’re a Kansas contractor, I hope to see you there.

How Joint Ventures Really Work: My “Game Changers” Podcast

Posted on October 9, 2017 by Steven Koprince

Ah, joint ventures. Few topics in government contracting these days seem to cause as much confusion. And that’s due, in large part, to some common misunderstandings I hear repeated over and over.

Recently, I joined host Michael LeJeune on the “Game Changers” podcast to talk about some of the most common areas of confusion regarding joint ventures. What is the relationship between joint ventures and the SBA’s new All-Small Mentor-Protege Program? How do the rules for joint venture work share operate? What are some frequent mistakes companies make when they draft joint venture agreements? And so on.

My podcast is available now on the Federal Access website. Click here to give it a listen, and while you’re there, check out the many other great podcasts featuring a range of government contracts thought leaders.

GAO: Navy Cannot Order Items Not Listed on Vendor’s FSS Schedule

Posted on October 9, 2017 by SmallGov Contributor

Like many, I enjoy a good meal out on the town. I tend to order strictly from the menu without any additions or substitutions. Perhaps, it is from all my years of waitressing prior to attending law school. In a recent GAO decision, however, the Navy attempted to order items not on the vendor’s menu only to have GAO determine that the order was beyond the scope of that menu.

In Bluewater Management Group, LLC, B-414785 (Sept. 18, 2017), Bluewater protested the Navy’s award of lodging and transportation services to DMC Management Services, LLC, alleging the award was improper because DMC’s GSA Schedule contract did not include transportation services.

SmallGovCon Week In Review: October 2-6, 2017

Posted on October 6, 2017 by Steven Koprince

The baseball playoffs are back, and tonight I’ll be watching my Cubs begin their quest for back-to-back titles. (If you’re not a lifelong Cubs fan, you may not realize how strange it feels to write that previous sentence).

Before the games begin, it’s time for our weekly dose of government contracting news. In this week’s edition of the SmallGovCon Week in Review, the DOJ charges four men with participating in a bribery and kickback conspiracy, the GAO publishes a report finding that many contracts weren’t closed on time, a court reverses a contractor’s debarment, and more.

Ostensible Subcontractor Affiliation: Who Manages The Work Matters

Posted on October 5, 2017 by SmallGovCon Contributor

So you’ve teamed with an ineligible incumbent contractor to bid on some government work and, to try and maintain continuity, the incumbent would like to retain project management functions. “No big deal,” you think, “I’ll just create a management position to oversee the project manager.”

Actually, it could be a big deal if you’re trying to avoid ostensible subcontractor affiliation. Among the four key factors for determining ostensible subcontractor affiliation is whether the management previously served with the subcontractor under the incumbent contract. And according to a recent SBA Office of Hearings and Appeals decision, creating a figurehead management position to oversee the project manager won’t negate this indicia of ostensible subcontractor affiliation.

SBA Proposes Rules For SDVOSB/VOSB CVE Protests & Appeals

Posted on October 3, 2017 by Steven Koprince

The SBA has proposed rules to enable contractors to file protests with the SBA Office of Hearings and Appeals challenging the SDVOSB or VOSB status of a company included in the VA’s CVE VetBiz database. The same set of proposed rules would allow a contractor to appeal to OHA if the VA denies the contractor’s application for inclusion in the CVE database, or cancels an existing verification.

The proposed rules, once finalized, will offer important new protections for SDVOSBs and VOSBs and are the first official step in implementing Congress’s mandate that the SBA and VA consolidate their SDVOSB eligibility requirements.