SmallGovCon Week In Review: October 24-28, 2016

Posted on October 28, 2016 by Steven Koprince

The curse is broken! For the first time in 71 years, my Chicago Cubs will play a World Series game in Wrigley Field tonight. While I wish I could be in Wrigley to cheer them on, the ticket prices are being called “record breaking,” and not in a good way. So I’ll be watching with my family from the comfort of my couch right here in Kansas–which, if nothing else, will offer the advantage of a better dinner than the ballpark (I’ll take chicken smoked on the Big Green Egg over a ballpark hot dog any day).

But before I head home to watch the first pitch, it’s time for our weekly dose of government contracting news and notes. In this week’s SmallGovCon Week In Review, a judge has blocked implementation of the Fair Pay and Safe Workplaces Rule, Guy Timberlake sounds the alarm about proposed changes to small business goaling, a group of contract employees have gone on strike in protest of alleged legal violations, and much more.

SDVOSBs & VOSBs: I’ll See You In Minneapolis For NVSBE 2016

Posted on October 25, 2016 by Steven Koprince

If you are a service-disabled veteran owned small business or veteran-owned small business, there’s no bigger event than the annual National Veterans Small Business Engagement.

This year’s NVSBE will be in Minneapolis, and is less than a week away. I am excited to announce that I’ll be presenting four Learning Sessions at the 2016 NVSBE on a variety of legal topics important to SDVOSBs and VOSBs.

Government Must Prove Amount Of Unilateral Price Reduction

Posted on October 25, 2016 by SmallGovCon Contributor

While an agency may require a unilateral reduction in a contractor’s price due to a reduced scope of work, the government carries the burden of proving the amount.

In a recent decision, the Armed Services Board of Contract Appeals held that while an agency was entitled to unilaterally reduce the scope of work, the agency had not proven the amount of the unilateral deduction it demanded–and the government’s failure to meet its burden of proof entitled the contractor to the remaining contract price.

HUBZone Program: Employees Must Reside In HUBZones On Award Date

Posted on October 24, 2016 by Steven Koprince

In order for an employee to count as a HUBZone resident for purposes of a specific HUBZone contract, the employee must reside in an officially designated HUBZone on the contract award date.

A recent decision of the U.S. Court of Federal Claims is a cautionary tale for HUBZone companies, which are responsible for ensuring that the 35% employee residency requirement is met on the award date.

SmallGovCon Week In Review: October 17-21, 2016

Posted on October 21, 2016 by Steven Koprince

It is KU’s homecoming weekend here in Lawrence. I’m planning to catch KU’s homecoming parade with the family tonight, and then cheer KU onto football victory tomorrow against Oklahoma State (ok, that last part may be wishful thinking).

Of course, before we all head out to enjoy an autumn weekend, it’s time to get caught up on the latest in federal government contracting news. In this week’s SmallGovCon Week In Review, a former State Department employee will spend four years in prison for helping steer contracts to his son’s company, the IRS awards contracts to contractors owing back taxes, one commentator sounds a well-worn (and in my view, essentially incorrect) alarm about bid protests, and much more.

GAO: “Brand Name Only” Restrictions Must Be Justified

Posted on October 20, 2016 by SmallGovCon Contributor

Competition is the touchstone of federal contracting. Except in limited circumstances, agencies are required to procure goods and services through full and open competition. In this regard, an agency’s decision to limit competition to only brand name items must be adequately justified.

GAO recently affirmed this principle in Phoenix Environmental Design, Inc., B-413373 (Oct. 14, 2016), when it sustained a protest challenging the Department of the Interior, Bureau of Land Management’s decision to restrict its solicitation for herbicides on a brand name basis.

Thank You, Philadelphia!

Posted on October 19, 2016 by Steven Koprince

I am back in Lawrence after a great trip to Philadelphia, where I spoke at the 11th Annual Veterans Business Training and Outreach Conference. My presentation focused on recent legal changes important to SDVOSBs and VOSBs, including major changes to the SDVOSB joint venture requirements and the new “all small” mentor-protege program.

Many thanks to Clyde Stoltzfus and his team at the Southeast Pennsylvania PTAC for organizing this great event and inviting me to speak. And of course, a big “thank you” as well to everyone who attended the presentation, asked great questions, and followed up after the event.

Next on my travel agenda, I’ll be at the National Veterans Small Business Engagement in Minneapolis from November 1-3. I will present four Learning Sessions at the NVSBE, and will spend my “spare” time manning the Koprince Law LLC booth on the tradeshow floor. If you’ll be attending the 2016 NVSBE, I look forward to seeing you there!