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.

ASBCA: No Valid Subcontractor Claim Against Government

Posted on March 1, 2016 by Steven Koprince

I sometimes suggest that a government subcontract include a so-called “pass-through” dispute resolution provision, in which the prime contractor agrees to sponsor its subcontractor’s claims against the government. A recent Armed Services Board of Contract Appeals case demonstrates why pass-through provisions can be so important.

In its decision, the ASBCA held that a subcontractor lacked a valid claim against the government–and therefore, had no ability to pursue relief at the ASBCA.

Kingdomware Supreme Court Oral Argument: Listen For Yourself

Posted on February 29, 2016 by Steven Koprince

Last week, I offered my take on the February 22, 2016 oral argument in Kingdomware Technologies, Inc. v. United States. Now you can listen for yourself.

The Supreme Court has posted an audio recording of the hearing, as well as the transcript. To listen to the audio or read the transcript, just follow this link.

SmallGovCon Week In Review: February 22-26, 2016

Posted on February 26, 2016 by Steven Koprince

It was a busy week for me in Washington, DC. The highlight was attending oral arguments in Kingdomware Technologies v. United States on Monday. Although I was supposed to head back to Lawrence Wednesday night, a bout of severe weather led to the cancellation of my flight–and two extra unscheduled nights in DC.

Now that I’m finally back here in Lawrence, it’s time for our weekly dose of government contracting news. In this week’s SmallGovCon Week In Review, SAM problems lead to a pre-award protest, an uphill battle for women-owned businesses seeking federal contracts, the “worst website in government” is getting an upgrade and much more.

Expired 8(a) Mentor-Protégé Agreement Sinks JV’s Eligibility

Posted on February 25, 2016 by Steven Koprince

An 8(a) mentor-protégé agreement, which expired one year after its approval by the SBA, did not protect the 8(a) protégé and its mentor from affiliation–and meant that their 8(a) mentor-protégé joint venture was an ineligible large business.

A recent size appeal decision of the SBA Office of Hearings and Appeals is a cautionary tale for 8(a) protégé and their mentors, and highlights the importance of securing timely SBA reauthorization of 8(a) mentor-protégé agreements.

Kingdomware’s Day In Court: Watch My Webinar

Posted on February 24, 2016 by Steven Koprince

Monday was a big day for SDVOSBs and VOSBs, as the Supreme Court heard oral arguments in Kingdomware v. United States. I was in the courtroom for the oral arguments, and yesterday I gave a webinar on the case.

The webinar explains the factual and legal importance of Kingdomware, discusses my impressions from the oral argument, and answers many great questions posed by audience members. The webinar is now available on the Koprince Law LLC YouTube channel. To view it, just follow this link. And of course, bookmark our YouTube channel for other videos and webinars about important government contracting legal matters.

Kingdomware Gets Its Day In Court: My First Impressions

Posted on February 22, 2016 by Steven Koprince

The Supreme Court heard oral arguments in Kingdomware Technologies Inc., v. United States this morning. I was in the courtroom as counsel for Kingdomware and the government did their best to answer the questions of eight Justices.

Here are my first impressions.