Thank You, Idaho!

I am back in Lawrence after a great trip to Idaho for the Idaho Small Business Symposium.  My presentation at the ISBS focused on big legal changes on the horizon in small business contracting, including the SBA’s proposed universal mentor-protege program.

Thank you to all of the small business owners, government officials, and others who attended my session or stopped by to visit me at the Koprince Law booth.  And a special thanks to Lee Velten and Gary Moore of the Idaho PTAC, who put together this fantastic event.

Next up for me: the APTAC Spring Conference in St. Louis, where I look forward to seeing a lot of familiar faces–including my friend Guy Timberlake of the American Small Business Coalition, who will also be speaking at APTAC.  If you are a “PTACer,” I look forward to seeing you in St. Louis!

SmallGovCon Week In Review: March 21-25, 2016

As a Duke alum living in Kansas, March Madness is particularly exciting for me.  Last night, my defending champion Blue Devils got bounced from the tourney, but KU’s journey continues to the Elite Eight.  The win was especially sweet for me because it came against Maryland–a team whose fans (back when the Terps were in the ACC) kept insisting that Duke was their arch-rival.  I lost count of how many times I had to remind a Maryland fan that Duke already has an arch-rival.

While I await Saturday’s basketball excitement, it’s time for our weekly roundup of what’s new in the world of government contracts.  In this week’s SmallGovCon Week In Review, the Navy has been rocked by a bribery scheme, the DoD enlists a supercomputer to untangle its procurement system, some insightful commentary on recent changes to the WOSB program, and much more.

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GAO: Protest of Exclusion From Competitive Range Untimely After Award

A protester’s failure to timely file its bid protest at GAO is almost always certain to lead to the dismissal of its protest. But knowing when the clock starts running for an offeror to file its protest isn’t always clear.

This uncertainty recently tripped up a would-be protester seeking to challenge its exclusion from the competitive range—because that offeror failed to request a pre-award debriefing, its attempt to protest its exclusion following the award and a post-award debriefing was untimely.

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SmallGovCon Week In Review: March 14-18, 2016

With much of the country on spring break this week, it has allowed us to slow down a little bit to enjoy the weather and more importantly spend some time working on our March Madness picks. (That Little Rock win was amazing, but blew up my brackets).

So while I no longer have to worry about a perfect bracket, I do have to make sure that the weekend doesn’t arrive without a dose of SmallGovCon Week In Review. This installment looks at alleged procurement fraud in upstate New York, a deeper look at why it took the SBA so long to reach its WOSB contracting goals, a new online database that was launched to help small business gain federal contracts, and much more.

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SDVOSB Fraud: $5 Million Settlement In Rent-A-Vet Case

A New York business has agreed to pay $5 million, plus interest, to resolve allegations that its CEO, President, and others engaged in a scheme to fraudulently obtain SDVOSB set-aside contracts.

According to a Department of Justice press release, the CEO and President of Hayner Hoyt Corporation created a company supposedly run by a service-disabled veteran.  However, the veteran in question was not involved in making important business decisions, but was instead responsible for overseeing Hayner Hoyt’s tool inventory and plowing snow from Hayner Hoyt’s property.  Although the DOJ is perhaps too polite to use the term “rent-a-vet” in its press release, that’s exactly what this scheme sounds like.

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Ostensible Subcontractor Affiliation: Beware These “Four Key Factors,” Says SBA OHA

Ostensible subcontractor affiliation can arise for many reasons–but a small business may be in grave danger of affiliation with its subcontractor when four specific factors are present.

In a recent size appeal decision, the SBA Office of Hearings and Appeals held that a small prime contractor was unusually reliant on its large subcontractor where “four key factors” indicated that the small prime contractor was bringing little to the table but its small business status.

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Universal Mentor-Protege Program Update: “June or July,” Says SBA

The SBA says that it expects to issue a final rule on its proposed “universal” mentor-protege program in June or July 2016.

Buried in an interview with Federal News Radio on the WOSB program (itself a worthy topic), John Shoraka, the SBA’s Associate Administrator of Government Contracting and Business Development stated that the SBA expects to issue a final rule this summer, and begin implementation in the fall.

Recently, many contractors have been asking me for updates on the universal mentor-protege program.  Now we have one, and it’s time for contractors to start seriously thinking about taking advantage of this major new program.