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.

GAO: No OCI Where Information Wasn’t Competitively Useful

Posted on November 4, 2015 by Steven Koprince

Access to corporate information on another contract will not result in an information organizational conflict of interest when the information accessed is not competitively useful to the present solicitation.

As a bid protester recently discovered in DV United, LLC, B-411620, B-411620.2 (Sept. 16, 2015), the mere fact that the successful offeror had access to one of its team member’s information on another government contract did not result in an information organizational conflict of interest because the information was not competitively useful.

SBA Moving Closer To “Universal” Mentor-Protege Implementation

Posted on November 3, 2015 by Steven Koprince

The SBA is moving toward implementing its proposed “universal” mentor-protege program for all small businesses.

According to testimony presented by the SBA’s Associate Administrator for Government Contracting Business Development at a recent Congressional hearing, the SBA has put together a Mentor-Protege Program Expansion Project Team to oversee the implementation of the new program.

Inspector General: SBA Should Implement WOSB Certification Program

Posted on November 2, 2015 by Steven Koprince

The SBA should implement a women-owned small business certification program, according to the SBA’s own Inspector General.

In a recent report on management challenges facing the SBA, the SBA Office of Inspector General urged the SBA to adopt a WOSB certification program–and stated that failing to do so may allow ineligible firms to receive WOSB set-aside contracts.