SmallGovCon Week In Review: March 7-11, 2016

Posted on March 11, 2016 by Steven Koprince

Spring seems to have arrived early here in Lawrence, as we have been hovering around the 70-degree mark for over a week now. For me, spring is grilling season, and I’m ready to get a couple racks of ribs on my Big Green Egg this weekend. But who am I kidding–every season is grilling season for me.

While I daydream of smoked baby backs, I haven’t forgotten that if it’s Friday, it’s time for SmallGovCon Week In Review. This week, our government contracting news includes a False Claims Act violation, a major milestone for women-owned business, a constitutional challenge to the 8(a) Program, and much more.

SBA Size Protests: Subcontracting Limits Off The Table

Posted on March 11, 2016 by Steven Koprince

The SBA does not evaluate compliance with the limitations on subcontracting as part of the SBA size protest process.

In a recent decision, the SBA Office of Hearings and Appeals confirmed that subcontracting limits are the domain of the procuring agency, which is to consider compliance (or lack thereof) as part of its responsibility determination.

Busy Employee “Skims” SBA Size Protest Email–What Could Go Wrong?

Posted on March 9, 2016 by Steven Koprince

A contractor’s “frantically busy” employee, who was listed as the firm’s contact in SAM, skimmed through an email from the SBA containing a size protest, and took no action to respond.

In a recent size appeal decision, the SBA Office of Hearings and Appeals held that the SBA had properly issued an adverse size determination against the contractor in question after receiving no reply to the size protest–and the fact that the employee who received it was “frantically busy” was no excuse.

SmallGovCon Week In Review: February 29-March 4, 2016

Posted on March 4, 2016 by Steven Koprince

Now that the calendar says March, I’m getting ready for March Madness. The basketball excitement is building here in Lawrence, home of the #1 ranked Jayhawks. Tomorrow, I’ll be at Allen Fieldhouse for the last home game of the season, and a farewell to senior standout Perry Ellis.

But don’t worry, I won’t let my excitement over March Madness deter me from bringing you our SmallGovCon Week In Review. This week’s collection of government contracts stories brings great news for WOSBs and EDWOSBs, an update on the abrupt cancellation of a major DHS contract, an effort to permit SDVOSBs to obtain disadvantaged status with the Department of Transportation, and much more.

Ostensible Subcontractor Rule: Management Alone Wasn’t Enough

Posted on March 4, 2016 by Steven Koprince

The prime contractor’s management of a contract wasn’t enough to avoid ostensible subcontractor affiliation where the subcontractor would provide the labor, equipment, and facilities for performing the work.

In a recent size appeal decision, the SBA Office of Hearings and Appeals confirmed that, where the subcontractor will provide the goods or services that the agency “actually seeks to acquire,” the subcontractor may be deemed an ostensible subcontractor under the SBA’s affiliation rules.

Vindai Corporation: Stealing Our SmallGovCon Posts

Posted on March 3, 2016 by Steven Koprince

I suppose it was bound to happen to us, just like it happens to bloggers everywhere: someone is stealing our SmallGovCon blog posts and republishing them as their own, without our permission (and without any attribution).

I was very upset and angered to discover today that a company called Vindai Corporation is publishing all of our SmallGovCon posts on its own website. Vindai not only lacks permission to republish our work, but is posting our work without any author attributions–which makes it look as though Vindai itself has authored all of these SmallGovCon posts. Whoever is responsible for Vindai’s website is either very negligent or very sleazy. Or maybe both.

I have demanded that Vindai immediately remove our work from its website. In the meantime, Vindai, if you’re reading this (and I’m sure you are, since you’ve been busy stealing the rest of our posts): you have my express permission to republish this post only on your website. I’m sure your readers will find it informative.

GAO: VA’s Rule of Two Applies to Multiple-Award IDIQs

Posted on March 3, 2016 by SmallGovCon Contributor

Good news for veteran-owned contractors: the VA’s SDVOSB and VOSB “Rule of Two” applies even when the VA issues a solicitation for a multiple-award IDIQ contract.

A recent GAO decision represents the latest instance where the VA’s failure to apply the Rule of Two and set-aside a procurement for SDVOSBs has been found to be unreasonable. In Spur Design, LLC, B-412245.3 (Feb. 24, 2016)*, GAO determined that the Rule of Two required the VA to set-aside a solicitation to award several multiple award indefinite-delivery/indefinite-quantity (“IDIQ”) contracts for SDVOSBs.