SmallGovCon Week In Review: May 1-5, 2017

Posted on May 5, 2017 by Steven Koprince

Feliz Cinco de Mayo! Whether you are celebrating the Mexican Army’s “unlikely victory over French forces at the Battle of Puebla” back in 1862 or just looking for an excuse to grab a cold margarita on the patio, I hope you have a wonderful May 5.

Even though it’s not an official holiday here in the U.S., it’s still Friday–and that means it’s time for our weekly roundup of government contracts news. This edition of SmallGovCon Week In Review includes a defense contractor heading to prison in connection with a $53 million fraud and gratuity scheme, the GAO provides six recommendations to reduce fraud, waste, and abuse, California lawmakers debate “blacklisting” contractors who work on the President’s proposed border wall, and more.

No NAICS Code Appeals Of Presolicitations, SBA OHA Confirms

Posted on May 4, 2017 by Steven Koprince

A NAICS code appeal can be a powerful vehicle for influencing the competitive landscape of an acquisition. A successful NAICS code appeal can dramatically alter a solicitation’s size standard, causing major changes in the number (and sizes) of potential competitors.

But a NAICS code appeal cannot be filed until the solicitation is issued. As the SBA Office of Hearings and Appeals recently confirmed, a NAICS code appeal cannot be filed with respect to a presolicitation.

Joint Venture Affiliation Exception Isn’t Unlimited, OHA Says

Posted on May 3, 2017 by SmallGovCon Contributor

To encourage joint venturing, the SBA’s size regulations provide a limited exception from affiliation for certain joint venturers: a joint venture qualifies for award of a set-aside contract so long as each venturer, individually, is below the size standard associated with the contract (or one venturer is below the size standard and the other is an SBA-approved mentor, and they have a compliant joint venture agreement). In other words, the SBA ordinarily won’t “affiliate” the joint venturers—that is, add their sizes together—if the joint venture meets the affiliation exception.

Because of this special treatment, it can be easy for the venturers to assume that they are completely exempt from any kind of affiliation. But as the SBA Office of Hearings and Appeals recently confirmed, however, the exception isn’t nearly so broad.

“In Scope” vs. “Out of Scope” Modifications: GAO Explains The Difference

Posted on May 2, 2017 by SmallGov Contributor

An agency may modify a contract without running afoul of the Competition in Contracting Act, so long as the the modification is deemed “in scope.” An “out of scope” modification, on the other hand, is improper–and may be protested at GAO.

In a recent bid protest decision, GAO denied a protest challenging an agency’s modification of a contract where the modification was within scope and of a nature that competitors could have reasonably anticipated at the time of award. In its decision, GAO explained the difference between an in scope and out of scope modification, including the factors GAO will use to determine whether the modification is permissible.

SAM Registration: New Bill Requires Notification Of Free Assistance

Posted on May 1, 2017 by Steven Koprince

There is no cost to register in SAM or other government contracting databases–but that hasn’t stopped some companies from charging would-be contractors hefty fees for assistance in the registration process. Some of these companies are out-and-out frauds, like the Tampa firm whose owner recently pleaded guilty to wire fraud in a FEMA registration scheme. And others, while not fraudulent, still often neglect to mention an important (but for them, inconvenient) fact: government contracts registration assistance is available for free through Procurement Technical Assistance Centers and other reputable sources.

Now, a bipartisan new Senate bill aims to get the word out about the free registration assistance available to prospective contractors.

SmallGovCon Week In Review: April 24-28, 2017

Posted on April 28, 2017 by Steven Koprince

I’m starting to feel like the old Johnny Cash and Lynn Anderson song, I’ve Been Everywhere. After two trips out west earlier this month, I spent time this week in Wichita with the Kansas PTAC, and soon enough I will be back on the road for the SAME Omaha Post 2017 Industry Day. I am always grateful for the opportunity to meet contractors, government officials, and others in the industry–and I am always heartened by how many people I meet at these events have kind words to say about SmallGovCon.

It’s Friday, and time for our weekly look at the latest in the government contracting world. In this edition of SmallGovCon Week In Review, a contractor faces potential jail time for selling Chinese-made items to the government, Defense analysts anticipate little impact from the recent “Buy American and Hire American” executive order, one commentator says that a recent LPTA National Guard contract hurts those who work to support our troops, and much more.

VA Class Deviation Restricts SDVOSB Nonmanufacturers

Posted on April 28, 2017 by Steven Koprince

The VA has adopted a Class Deviation to the VAAR, severely restricting the ability of VA Contracting Officers to request waivers of the nonmanufacturer rule–and, even more troubling, suggesting that Contracting Officers need not apply the statutory SDVOSB and VOSB preferences even when the SBA has already granted a class waiver.

You may be wondering “does the VA’s Class Deviation comply with Kingdomware?” Good question.