Bid Protest Report Gives Insight into COFC Protests

Posted on January 18, 2018 by SmallGovConContributor

When we write about bid protest decisions on SmallGovCon, odds are that we’re writing about a GAO decision. For good reason: GAO is the most common forum protesters bring bid protests.

But SmallGovCon readers also know there’s another possible forum for protests: the Court of Federal Claims.

The GAO publishes an annual bid protest report with statistics about the number and effectiveness rate of protests, among other things. But until very recently, we didn’t have much hard data about the frequency and efficacy of COFC protests. The recently-released RAND bid protest report changed that, by including a deep dive on DoD bid protests at COFC.

Let’s take a look.

VA Proposes Expanded “Good Character” SDVOSB Exclusions

Posted on January 18, 2018 by Steven Koprince

The VA has proposed expanding its definition of the “good character” required to own or control an SDVOSB or VOSB.

The VA’s proposed rule would exclude many people convicted of felonies (including felonies unrelated to business integrity), which may raise questions about the rule’s fairness. And I have to wonder–is the VA’s proposal consistent with the Congressional directive requiring the VA to use the SBA’s SDVOSB eligibility rules?

VA Proposes Elimination of SDVOSB Ownership & Control Rules

Posted on January 16, 2018 by Steven Koprince

The VA has formally proposed to eliminate its SDVOSB and VOSB ownership and control regulations.

Once the proposed change is finalized, the VA will use the SBA’s regulations to evaluate SDVOSB and VOSB eligibility, as required by the 2017 National Defense Authorization Act.

Agencies Cannot Circumvent AbilityOne by Bundling, GAO Confirms

Posted on January 12, 2018 by Shane McCall

The FAR mandates that agencies use the AbilityOne program to award contracts for items on the AbilityOne procurement list to qualified nonprofits. The purpose of the program is to increase employment and training opportunities for persons who are blind or have other severe disabilities.

With rare exceptions, when an item is on the AbilityOne procurement list, an agency has no choice–it must purchase through AbilityOne, even where the AbilityOne items are included in the procurement of larger services. The GAO recently sustained a protest where the GSA awarded a courthouse lease without requiring that the associated custodial services be procured from an AbilityOne nonprofit.

SmallGovCon Week In Review: January 8-12, 2018

Posted on January 12, 2018 by Steven Koprince

It’s been a big week here at Koprince Law LLC: we published the first volume in our new series of GovCon Handbooks called Government Contracts Joint Ventures. After briefly reaching #1 on Amazon’s Best Sellers list (okay, in a wonky legal sub-sub-subcategory, but still!), we are pleased to know that the Handbook is being so well received. If you’re an active Koprince Law client, you’ll be getting a free copy in the mail soon. If not, you can get a copy on Amazon, for just $9.99 in paperback or $6.99 in Kindle form.

While you wait for your copy of Government Contracts Joint Ventures, why not get up to speed on the latest government contracts news? In this edition of SmallGovCon Week In Review, we take a look at changes to the SBA’s Surety Bond Guarantee Program, two key defense acquisition positions are set to be filled, Alliant 2 protestors are trying their hand in the Court of Federal Claims, Bloomberg Government takes a big-picture look at government spending, and much more.

SSA vs. SSEB: Protest Sustained Where Ratings Changes Weren’t Reasonable

Posted on January 9, 2018 by SmallGovConContributor

In a best value acquisition, the final decision is typically made by a Source Selection Authority. But what happens when the SSA disagrees with the ratings assigned by the evaluators, such as a Source Selection Evaluation Board?

The SSA has a good deal of discretion, but that discretion isn’t unlimited. In a recent decision, GAO sustained a protest where the SSA’s disagreements with the SSEB didn’t appear to be reasonable.

Government Contracts Joint Ventures: Our New Handbook is Now Available

Posted on January 8, 2018 by Steven Koprince

I am excited to announce the publication of Government Contracts Joint Ventures, the first in a new series of new government contracting guides we’re calling “Koprince Law LLC GovCon Handbooks.” Packed with easy-to-understand examples and written in plain English, Government Contracts Joint Ventures should help you maximize your understanding of this important option for pursuing federal contracts.

What does the Handbook contain? I’m glad you asked.