SmallGovCon Week In Review: November 9-13, 2015

Posted on November 13, 2015 by Steven Koprince

After the disappointment of a last-minute cancellation of oral arguments in the Kingdomware Supreme Court case, I had a great trip to Washington, DC, where the highlight was speaking at the 2015 APTAC Fall Conference. Next week, it’s off to Pittsburgh for the National Veterans Small Business Engagement, where I will be giving three Learning Sessions (and hopefully hearing more from the VA on its proposed SDVOSB program overhaul).

But for now, I’m back in beautiful Lawrence, Kansas and ready with our weekly dose of government contracting news. In this week’s SmallGovCon Week In Review, a commentator weighs in on the VA’s proposed new SDVOSB regulations, another asks why the numbers of veteran-owned businesses are dropping, OPM violates the FAR in a contract award, and much more.

GAO: 15-Hour Bid Submission Deadline Was Unreasonable

Posted on November 13, 2015 by Steven Koprince

A procuring agency acted improperly by allowing bidders a mere 15 hours to respond to an amended Invitation for Bids–especially given that most of those 15 hours were outside of ordinary working times.

In a recent bid protest decision, the GAO sustained an offeror’s protest of the 15-hour deadline, holding that the procuring agency had acted improperly by failing to give prospective bidders a reasonable time to prepare and submit amended bids.

GAO: SBA’s Five-Day 8(a) Eligibility Deadline Applies To JVs

Posted on November 10, 2015 by SmallGovCon Contributor

Before an agency can award an 8(a) contract, the prospective awardee must first be deemed eligible for award under the 8(a) business development program criteria by the Small Business Administration. The SBA has a tight deadline to make this determination—a mere five days.

But what happens when the SBA’s eligibility evaluation is more complicated than a determination of whether the awardee meets the program’s basic eligibility requirements? The GAO recently addressed this issue in FedServ-RBS JV, LLC, B-411790 (Oct. 26, 2015), where the GAO held that the applicable regulations do not require the agency to stay its proposed award beyond five days pending the SBA’s approval of an 8(a) joint venture agreement. Continue reading…

SmallGovCon Week In Review: November 2-6, 2015

Posted on November 6, 2015 by Steven Koprince

As another week ends, I am getting ready for a trip to Washington DC next week to speak at the APTAC 2015 Fall Training Conference (my plans to attend Supreme Court oral arguments in the Kingdomware case were spoiled at the last minute).

SDVOSB news dominated government contracting headlines this week, but there was plenty more going on. This week, the SmallGovCon Week In Review takes a look at what contract consolidation means for contractors, a fraud and cover up scheme that is wrapping up, another case of a contractor trying to swindle money from the government and more.

SDVOSBs And VOSBs: I’ll See You At NVSBE 2015

Posted on November 6, 2015 by Steven Koprince

I am pleased to announce that I will be presenting three Learning Sessions at the 2015 National Veterans Small Business Engagement in Pittsburgh.

My first session, Joint Venturing and Teaming on SDVOSB Set-Aside Contracts, will take place on November 17 at 11:10 a.m. in Room 333. The second session, The SBA’s Proposed New “Universal” Mentor-Protege Program, will be that same day at 3:10 p.m. in Room 413. The third session, Is My Company a “Non-Manufacturer”–The Ins and Outs of the Non-Manufacturer Rule will be held on November 18 at 11:10 a.m. in Room 413.

If you will be attending NVSBE 2015, I hope you’ll make it to my Learning Sessions. See you at the conference!

VA Proposes SDVOSB Program Overhaul

Posted on November 6, 2015 by Steven Koprince

The VA is proposing a major overhaul to its SDVOSB program regulations–including the rules governing ownership and control.

In a proposed rule released today, the VA is seeking to “find an appropriate balance between preventing fraud in the Veterans First Contracting Program and providing a process that would make it easier for more VOSBs to become verified.” And while the proposal isn’t perfect, it looks like a step in the right direction.

(Another) Kingdomware Shocker: Oral Argument Suspended

Posted on November 4, 2015 by Steven Koprince

The Kingdomware SDVOSB/VOSB Supreme Court case, which had been scheduled for an oral argument on Monday November 9, is suddenly in a state of limbo. In an order issued today, the Supreme Court yanked the case from its docket. The Court directed the parties to submit briefs on whether the contracts in question have been fully performed, and if so, whether full performance renders the case moot.

For Kingdomware and veteran-owned companies everywhere, this is extremely troubling news. If the Court believes that the case is moot, it will be dismissed–meaning that Kingdomware would lose the war without even getting its day in court.

Briefs from both sides are due November 20, and each side may reply by December 1. I will keep you posted.