VA Withdraws Proposed SDVOSB Regulatory Overhaul

Posted on September 6, 2017 by Steven Koprince

The VA has officially withdrawn its November 2015 proposal to overhaul its SDVOSB and VOSB regulations.

The VA’s action isn’t surprising, given that the 2017 National Defense Authorization Act requires the VA to work with the SBA to prepare a consolidated set of SDVOSB regulations, which will then apply to both VA and non-VA procurements. What’s interesting, though, is that the VA doesn’t say that it’s withdrawing the 2015 proposal because of the 2017 NDAA, but rather because of numerous objections to the proposal–including objections from the SBA.

SDVOSB vs. AbilityOne: Major Court Ruling Stayed Pending Appeal

Posted on September 5, 2017 by Steven Koprince

In May 2017, SDVOSBs and VOSBs lodged another big win in their battle to enforce the statutory preferences for veteran-owned companies: the Court of Federal Claims held that the VA cannot buy products or services using the AbilityOne list without first applying the “rule of two” and determining whether qualified SDVOSBs or VOSBs are likely to bid.

But the AbilityOne vendor in question isn’t going down without a fight. It’s taking the case to the United States Court of Appeals for the Federal Circuit–and the Court of Federal Claims just issued a ruling staying its May decision pending the results of the appeal.

5 Things You Should Know: Debriefings

Posted on September 1, 2017 by SmallGovCon Contributor

Debriefings are a fundamental part of many government competitions. So it’s important for government contractors to understand what debriefings are, what they are not, and why they’re important. Here are five things you should know about debriefings:

Thank You, Indian Country!

Posted on September 1, 2017 by Steven Koprince

I am back from a great trip to Sooner Country (Norman, Oklahoma), where it was an honor to be part of the annual Indian Country Business Summit. I gave two talks at ICBS: one on recent developments in government contracting, and another on crafting effective and compliant teaming agreements and subcontracts.

It was great to see so many familiar faces, including my longtime friend Guy Timberlake, who gave a fantastic presentation on competitive market intelligence. 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 the next few weeks. Next up on my travel schedule: a half-day, in-depth session on teaming agreements, joint venturing, and mentor-protege programs, sponsored by the Nebraska PTAC. Hope to see you in Omaha on September 22!

SmallGovCon Week In Review: August 28-September 1, 2017

Posted on September 1, 2017 by Steven Koprince

I have just returned from Indian Country Business Summit in Norman, Oklahoma, where I enjoyed catching up some old friends and making some new ones. This conference continues to grow every year–if you haven’t been yet, get it on your calendar for next year. You won’t regret it.

Of course, like all of us, my thoughts this week have been with the citizens of Houston and elsewhere in Texas as they battle the horrible effects of Harvey. While Harvey dominated the news this week, there was still plenty happening in the world of government contracts. This edition of SmallGovCon Week In Review brings articles on the end-of-the-year rush to nab contracting dollars, pending legislation to encourage agencies to “Buy American,” a look at the top 10 acquisition trends of FY 2017 and more.

Enjoy the Labor Day weekend and stay safe, Houston.

Failure to Timely File Comments Leads to Dismissed Protest

Posted on August 29, 2017 by SmallGovCon Contributor

When my nephew started kindergarten, his vocabulary expanded to include a new phrase: “Rules are rules, and you have to follow the rules!” For my nephew (who, if I’m being honest, can be a bit mischievous), this newfound respect for following rules was adorable.

Government contractors should commit this lesson to heart: you have to follow the rules! As one government contractor recently learned, this includes GAO’s bid protest filing rules. Where a protester doesn’t follow the rules, its protest is likely to be dismissed.

Contractor’s Email Leads to Lost Contract, Denied Protest

Posted on August 28, 2017 by SmallGovCon Contributor

Generally speaking, government contractors know that part of the cost of doing business with the federal government is some loss of autonomy. The government writes the rules. It is the 500 lb. gorilla. What it says usually goes.

When contractors try to do things their own way–even in an relatively informal medium such as email–they can sometimes get into trouble, as evidenced by a recent GAO protest decision: Bluehorse Corp., B-414809 (Aug. 18, 2017).