(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.

SmallGovCon Week In Review: October 26-30, 2015

Posted on October 30, 2015 by Steven Koprince

Happy Halloween Eve! Hopefully your Halloween weekend is full of treats and not tricks.

Speaking of treats, here is this week’s SmallGovCon Week In Review. In this week’s Review, contractors weigh in on whether lowest-price technically acceptable contracts lead to lower employee wages, a federal employee heads to jail for his role in a bribery scheme, GSA mulls consolidation of expiring contracts, and more.

Announcing Koprince Law’s New YouTube Channel

Posted on October 28, 2015 by Steven Koprince

I am pleased to announce a new way to get the latest legal news and notes on government contracting issues. Today, Koprince Law LLC has launched a YouTube channel, where we will regularly post new videos on important and interesting government contracting issues.

You don’t need to have a lot of extra time on your hands: our typical video update is around five minutes long and covers a single topic. We will occasionally post lengthier “seminar-style” overviews of key topics, as well.

So what are you waiting for? If you’re ready for more government contracts news (or you just want to check out my spiffy Kansas Jayhawks tie), head on over to the Koprince Law LLC YouTube channel, and be sure to check back every week for new videos.

No Wholesaler NAICS Codes For Set-Aside Contracts, SBA OHA Confirms

Posted on October 26, 2015 by Steven Koprince

Federal agencies must classify procurements for supplies under the appropriate manufacturing or supply NAICS code, not under a wholesale trade or retail trade NAICS code.

In a recent NAICS code appeal decision, the SBA Office of Hearings and Appeals confirmed that supply procurements should not be classified under wholesale or retail trade NAICS codes–and rejected a prospective offeror’s claim that the agency should have assigned a wholesale trade NAICS code to the solicitation.