SmallGovCon Week In Review: September 7-11, 2015

Posted on September 11, 2015 by Steven Koprince

As we reflect on the tragic events of September 11, 2001 we are reminded to cherish every day and live every day to the fullest. Our thoughts are with all those who were affected by the events that took place that day.

While September 11 will never again be “just another day,” we post our weekly review of government contracting news and notes every Friday–even Fridays like this one. Today’s roundup includes articles about increasing opportunities in the government sector, a look at a potential “game changer” in the 2016 National Defense Authorization Act, an overview of a looming potential government shutdown, and more.

GAO: If Price Realism Will Be Evaluated, Offerors Must Be Notified

Posted on September 10, 2015 by Steven Koprince

Agencies must notify offerors when price realism will be evaluated under a fixed price solicitation.

Recently, the GAO sustained a protest where a procuring agency rejected an offeror’s proposal because the offeror’s quoted prices were significantly lower than the government’s estimate–even though the solicitation did not notify offerors that price realism would be evaluated.

SBA Size Protests: FAR Part 33 Doesn’t Affect Timeliness

Posted on September 8, 2015 by Steven Koprince

A SBA size protest related to a sealed bid must be filed within five business days of bid opening–and the bid protest rules under FAR Part 33 do not provide for a longer protest window.

In a recent decision, the SBA Office of Hearings and Appeals confirmed that, when it comes to size protests, the timeliness rules for bid protests (which allow many protests to be filed within 10 days after the basis of protest was known or should have been known) simply do not apply.

SmallGovCon Week In Review: August 31-September 4, 2015

Posted on September 4, 2015 by Steven Koprince

The unofficial end of summer is coming to a close. Here at SmallGovCon, we are looking forward to the Labor Day weekend and the start of fall. As we head into the long weekend, here is your weekly dose of what’s new in government contracting.

In this week’s SmallGovCon Week In Review, Kingdomware Technologies, Inc. garners more support in its Supreme Court battle with the VA, the DoD and GSA are working together on a possible new contract vehicle for cloud computing services, the GSA unveils a RFI for Schedule 70, and more.

SBA OHA Reaffirms (Some) Leniency to Start-Ups in Size Determinations

Posted on September 4, 2015 by SmallGovCon Contributor

Under the SBA’s small business affiliation regulations, an otherwise small business can be deemed affiliated with a larger business when the firms share “substantially identical business or other interests.” Under this rule, affiliation will be typically be found, as a matter of law, when a small business concern derives 70% or more of its revenue from another firm.

Because most new businesses don’t start up with numerous clients or contracts, a mechanical application of the 70% rule could be disastrous for a new small business faced with an SBA size determination. Thus, the “start-up” exception to the SBA’s affiliation rules—which applies to relatively new businesses whose revenues from its alleged affiliate are insufficient to sustain business operations—can be the saving grace for a small business trying to earn business from the government.

So it was in a recent case decided by the SBA Office of Hearings and Appeals.

Agency’s “Cut-And-Paste” Proposal Evaluation Upheld

Posted on September 2, 2015 by Steven Koprince

An agency’s evaluation of proposals was not improper even though the Source Selection Authority “cut and paste” portions of a selection document used in a similar procurement–including typographical errors and a reference to a firm that had not submitted a proposal.

The GAO’s recent decision highlights an uncomfortable truth of government contracting: while the government can (and often does) demand nearly perfect proposals, the government may be able to get by with sloppy or lazy evaluations.

Kingdomware SDVOSB Supreme Court Case: Read Our Amicus Brief

Posted on August 28, 2015 by Steven Koprince

In Kingdomware Technologies, Inc. v. United States, the U.S. Supreme Court will answer a critical question: does the VA have to prioritize SDVOSBs and VOSBs in federal contracting?

As SmallGovCon readers know, I have been critical of the VA’s contention that it need not prioritize SDVOSBs and VOSBs. Now, I have gone a step further. Together with my colleagues at Koprince Law LLC, I have filed an amicus brief with the U.S. Supreme Court, asking the Court to overturn the lower court’s decision and rule in favor of veterans.

Want to read our full amicus brief? Glad you asked–just click here.