SmallGovCon Week In Review: July 31-August 4, 2017

Posted on August 4, 2017 by Steven Koprince

Coming off their World Series win last year, my Chicago Cubs are back atop the National League Central division in hopes of repeating as champions. While we still have few months of the regular season left, I’m hoping for a repeat of October 4, 1908, when a whopping 6,210 fans watched the Cubs successfully defend their 1907 title.

But enough baseball for now–this is a government contracts blog, after all. And since it’s Friday, here is the SmallGovCon Week in Review. In this edition, a contractor gets 60 months in jail for paying $3 million in bribes, the Federal Times takes a look at potential bid protest reforms, a commentator takes aim at no-bid contracts, and much more.

8(a) Program: Loan Must Be “Bona Fide” To Reduce Net Worth

Posted on August 3, 2017 by SmallGovCon Contributor

To qualify for the 8(a) program, a disadvantaged individual must fall below certain personal net worth thresholds. Loans can reduce net worth–but not all loans are treated the same.

According to the SBA Office of Hearings and Appeals, if a disadvantaged individual intends to rely on a loan to reduce net worth, the loan better be bona fide.

Excusable Delay: Government’s Failure To Extend Was “Constructive Acceleration”

Posted on August 2, 2017 by SmallGov Contributor

Federal contractors not so infrequently find themselves in a position where they are unable to complete performance of a contract by the agreed-upon deadline. So, what happens when the delay is neither party’s fault, but the government denies extension of the period of performance or provides inadequate extensions?

In IAP Worldwide Services, Inc. (ASBCA Nos. 59397, 59398, and 59399), the Armed Services Board of Contract Appeals found under the legal theory of “constructive acceleration” that the U.S. Army Corps of Engineers was liable for extra costs incurred by IAP due to the Corps insistence of timely contract delivery despite excusable delays.

No Protest Of Terminated Task Order, Court Says

Posted on August 1, 2017 by Steven Koprince

A contractor could not file a valid bid protest challenging an agency’s decision to terminate the contractor’s task order, according to the U.S. Court of Federal Claims.

In a recent decision, the Court agreed with the GAO, which also held that the contractor’s challenge involved a matter of contract administration–something outside the bid protest process.

Small Business Ownership And Control: My Govology Podcast

Posted on July 31, 2017 by Steven Koprince

For small businesses, 8(a)s, SDVOSBs, HUBZones and WOSBs, few legal requirements in the world of government contracts are as important as those surrounding ownership and control. I recently joined host Carroll Bernard of Govology for an in-depth podcast exploring these important requirements, including a discussion of common mistakes and misconceptions.

Follow this link to listen to or download the podcast. And don’t stop there–check out Govology’s other great podcasts with government contracting thought leaders, too.

Past Performance: Does Duration Matter?

Posted on July 31, 2017 by SmallGovCon Contributor

Past performance evaluations normally consider two aspects of an offeror’s prior work: whether that performance was recent and relevant. But in making its best value determination, must an agency also consider the duration of an offeror’s past performance?

A recent GAO bid protest decision answered this question, at least under the rules established in the solicitation at hand. In Technica LLC, B-413546.4 et al. (July 10, 2017), GAO denied a protest challenging the sufficiency of an awardee’s past performance even though the awardee’s past performance was much shorter than the protester’s.

SmallGovCon Week In Review: July 24-28, 2017

Posted on July 28, 2017 by Steven Koprince

July has flown by. Soon, my kids will be back in school, the leaves will start to turn, and the annual craziness at the end of the government fiscal year will be here. For now, I’m enjoying a few more weeks of summer. I hope you are too.

Before we head into the last July weekend of the year, it’s time for the SmallGovCon Week In Review. In this edition: the re-arrangement of personnel over at the GSA’s Federal Acquisition Service, a new measure attached to the annual defense authorization bill aims to prevent the DoD from spending more on service contracts, the purchase of some “unnecessary” uniforms has led to a criminal probe, and much more.