SmallGovCon Week In Review: June 13-17, 2016

Posted on June 17, 2016 by Steven Koprince

It’s been a wild week in the world of federal government contracting. Yesterday the Supreme Court issued two major decisions affecting contractors: Kingdomware Technologies, Inc. v. United States and Universal Health Services v. United States ex rel. Escobar. If you’re a regular SmallGovCon reader, you know that I’ve been following Kingdomware closely for years, and we will have a separate post later today with reaction to Kingdomware from around the country. But Escobar is an important decision too, so don’t miss out on the coverage of that case.

In addition to coverage of Escobar, this week’s SmallGovCon Week In Review features a major new rule prohibiting contractors from discriminating on the basis of sex, GSA adding a new category on IT Schedule 70, the indictment of a former GSA director and many more.

Victory! SDVOSBs Win In Kingdomware Supreme Court Decision

Posted on June 16, 2016 by Steven Koprince

SDVOSBs and VOSBs are big winners today, as the Supreme Court unanimously ruled that the VA’s “rule of two” is mandatory, and applies to all VA procurements–including GSA Schedule orders.

The Supreme Court’s decision in Kingdomware Technologies, Inc. v. United States, No. 14-916 (2016) means that the VA will be required to truly put “Veterans First” in all of its procurement actions–which is what Kingdomware, and many veterans’ advocates, have fought for all along.

Breaking: Kingdomware Wins Unanimously!

Posted on June 16, 2016 by Steven Koprince

SDVOSBs, rejoice! Kingdomware Technologies has unanimously won its Supreme Court battle against the VA. The Court has held that the VA’s “rule of two” is mandatory and applies to all of the VA’s contracting determinations.

I’ll have much more analysis up on SmallGovCon in the coming hours. For now, congratulations to Kingdomware–and all SDVOSBs and VOSBs!

Common Investments Affiliation: Shared Real Estate Can Count

Posted on June 15, 2016 by Steven Koprince

So-called “common investments” affiliation under the SBA’s affiliation rules arises most frequently when individuals own common interests in at least two operating companies. But common investments affiliation can also be based on common interests in real estate.

In a recent decision, the SBA Office of Hearings and Appeals held that the SBA had performed an inadequate size determination because the SBA Area Office asked the protested company about common investments in companies–but didn’t directly ask about common investments in real estate.

SmallGovCon: Proud To Be Part Of WIFCON.com

Posted on June 13, 2016 by Steven Koprince

I am pleased to announce that SmallGovCon is now being republished on what I think is the nation’s best and most venerable government contracting legal website: WIFCON.com. You can find us on WIFCON.com’s blogs page from now on (and, of course, right here at SmallGovCon.com).

Two Isn’t Greater Than Five, GAO Reminds Agency

Posted on June 13, 2016 by SmallGovCon Contributor

GAO sustained a protest recently where an agency had given higher past performance scores to a proposal with two relevant examples of past performance than a proposal with five relevant examples.

In Patricio Enterprises, Inc., B-412740 et al. (Comp. Gen. May 26, 2016), GAO said that an agency cannot mechanically apply an evaluation formula that produces an unreasonable result, such as allowing a proposal with fewer examples of relevant past performance to somehow earn a higher score than a proposal with more examples.

SmallGovCon Week In Review: June 6-10, 2016

Posted on June 10, 2016 by Steven Koprince

While we patiently await the Supreme Court’s pending decision in Kingdowmware Technologies, Inc. v. United States, there is still plenty happening in the world of government contracting.

This week’s edition of SmallGovCon Week In Review is packed with important news and commentary, including stories on the Army looking to end its ‘use it or lose it’ budgeting, the continued push for category management, a sneaker company looking to nix an exemption in the Berry Amendment, allegations of SDVOSB fraud, and much more.