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.

SmallGovCon Week In Review: August 24-28, 2015

Posted on August 28, 2015 by Steven Koprince

After spending the majority of the week in Norman, Oklahoma for the ICBS Show, I am back in the office, and ready for our weekly dose of government contracts news and commentary.

This week, a large corporation gets busted for misusing taxpayer money, the IT industry is becoming more and more concerned about new cybersecurity rules, the government’s operation of two separate SDVOSB programs causes confusion, and much more.

Thank You, Indian Country!

Posted on August 27, 2015 by Steven Koprince

I am back in Kansas after spending two days at the Indian Country Business Summit in Norman, Oklahoma. My presentation at the conference addressed recent legal developments in government contracting–and if you have been following SmallGovCon, you know there are a lot of big changes happening.

Many thanks to all of the sponsors and organizers for putting together the event and inviting me to speak. A big thank you, as well, to all of those who attended the conference (attendance was up significantly over last year) and made this such a great event.

If you are in the Midwest but missed the ICBS, you can catch me in Overland Park on September 18, when I will give a seminar on commercial acquisitions and negotiated procurements. I hope to see you there!

8(a) Mentor-Protege Joint Venture Agreements: Details Matter, Court Says

Posted on August 27, 2015 by Steven Koprince

An 8(a) mentor-protege joint venture was not entitled to take advantage of the special mentor-protege exception from affiliation because the joint venture agreement lacked adequate detail.

In a recent decision, the U.S. Court of Federal Claims held that the SBA had reasonably determined the joint venture to be a large business because the joint venture agreement did not sufficiently address certain requirements. The Court’s decision should be a warning for all 8(a) mentor-protege joint ventures: details matter.