SmallGovCon Week In Review: April 4 – 8, 2016

Posted on April 8, 2016 by Steven Koprince

For me, the theme this week has been “rock stars.” I began the week with my friends at APTAC–the rock stars of procurement counseling. And last night, I enjoyed 3 1/2 hours of the rock stars of, well, rock stars, as Bruce Springsteen and the E Street Band played the Sprint Center in Kansas City.

Even as the refrain from “Badlands” keeps running through my head (not a bad thing!) I haven’t forgotten that it’s Friday–and that means it’s time for the SmallGovCon Week In Review. In this week’s edition, Samantha Bee offers a pointed but humorous take on the pace of progress for WOSBs, a contractor is accused of SDVOSB fraud in a $23 million case, the SBA is proposing to consolidate the SBIR and STTR Policy Directives, and much more.

Bias And Bid Protests: GAO Rejects Gender Bias Allegation

Posted on April 7, 2016 by Steven Koprince

A woman-owned firm’s introduction of generalized evidence of discrimination against women in the fields of architecture and engineering was insufficient to demonstrate that the Navy discriminated against the woman-owned business with respect to a particular federal opportunity.

A recent GAO bid protest decision highlights how difficult it is to successfully demonstrate bias by government officials–even in a case where statistical evidence suggests that bias may be prevalent in a specific industry.

Family Members’ Joint Involvement In Third Company Created Affiliation, Says SBA OHA

Posted on April 6, 2016 by Steven Koprince

A self-certified small business was found affiliated with a company owned by the business owner’s father, even though the son’s company had no meaningful business relationship with the father’s company.

In a recent size appeal decision, the SBA Office of Hearings and Appeals found that the self-certified small business had not rebutted the presumption of affiliation with the father’s company because the father and son were jointly involved in a third business, and thus could not establish that their personal business interests were separate.

Thank You, APTAC!

Posted on April 5, 2016 by Steven Koprince

I am about to leave St. Louis, where I have been since Sunday for the APTAC Spring Conference. My presentation yesterday focused on common misunderstandings about the SBA’s size and socioeconomic rules (for example, a state WBE certification doesn’t mean that a contractor is a federally-certified WOSB). Thank you to all of the “PTACers” who attended my presentation and asked such great questions.

But for me, the highlight of the trip was yesterday’s luncheon, where the APTAC membership surprised me with a special “Friend of APTAC” award. I am incredibly grateful and humbled to be honored by APTAC in this way. Thank you very much to Terri Bennett, Jason Porch, Becky Peterson, and all of APTAC for this great honor.

I’ve said it once (actually, I’ve said it many times), but if you are a small business in government contracting, you owe it to yourself to see what your local PTAC can do for you. Visit the ATPAC website to get started.

SmallGovCon Week In Review: March 28 – April 1, 2016

Posted on April 1, 2016 by Steven Koprince

While it may be April Fools’ Day, we promise not to play any pranks on you–not that I didn’t think about a headline trumpeting a major change in the 8(a) program, linked to a video of Rick Astley.

Instead of pranks, it’s time for our weekly dose of government contracting news and notes from around the country. In this edition of SmallGovCon Week In Review, you will find articles covering a potential shift in GSA schedules, the State Department’s audit findings on procurement waste, a billion dollar award is split between 21 vendors to tackle the short and long term needs of the VA’s IT department, the second part of my interview with GovBizConnect, and much more.

GAO: IDIQ Awardee Could Not Protest Selection of Fellow Awardee

Posted on March 29, 2016 by SmallGovCon Contributor

The GAO ruled recently that an awardee under a multiple-award IDIQ contract did not have standing the protest the agency’s selection of another awardee.

The decision highlights one of the main tenets of government contracting law: competition is in the government’s interest, and a protest that seeks to reduce competition to the benefit of the protestor could, in a case like this, be thrown out.

SBA Doubles Down On WOSB Self-Certification With New Website

Posted on March 28, 2016 by Steven Koprince

The SBA has launched a new WOSB portal to help women-owned businesses better manage the WOSB self-certification process–even though Congress eliminated the statutory authority for self-certification more than a year ago.

The SBA apparently was caught off guard by Congress’s action, but I don’t understand why the SBA is spending time and resources to improve a prohibited self-certification mechanism. While the SBA continues to state that WOSB self-certification remains valid indefinitely, the SBA has yet to answer what should be a simple question: what the heck is the legal justification for continuing to promote a self-certification mechanism that Congress has explicitly eliminated?