VA CVE Verification Does Not Provide Affiliation Shield, Says SBA OHA

Posted on April 27, 2015 by Steven Koprince

Even if the VA Center for Verification and Evaluation has found that a service-disabled veteran “unconditionally” controls a SDVOSB, the SBA may nonetheless determine that other individuals or entities also control the company within the meaning of the SBA’s affiliation rules.

As demonstrated by a recent decision of the SBA’s Office of Hearings and Appeals, VA CVE verification does not shield a SDVOSB from an adverse SBA affiliation determination, even if that determination is based on a finding that non-veterans control the company.

8(a) Program: Follow-On To Competitive Award Can Be Sole Sourced

Posted on April 24, 2015 by Steven Koprince

An 8(a) contract was properly awarded on a sole source basis to a tribally-owned entity, even though the contract was a follow-on to a competitive 8(a) set-aside award.

In a recent decision, the GAO deferred to the SBA’s interpretation of the 8(a) program regulations–which, according to the SBA, allow such sole source awards.

Agencies May Evaluate Proposals During GAO Protests, Says Court

Posted on April 20, 2015 by Steven Koprince

A procuring agency was entitled to evaluate proposals during the course of a pre-award GAO bid protest without violating the automatic stay provision of the Competition in Contracting Act.

According to a recent federal court decision, CICA merely prohibits the award of a contract during the course of a GAO protest, but does not prevent an agency from continuing to evaluate proposals.

FedBid And The SBA: My Interview With Francis Rose

Posted on April 17, 2015 by Steven Koprince

Earlier this month, the GAO sustained two protests filed by Latvian Connection LLC–one on a State Department procurement and one on a Department of Interior procurement–because Latvian Connection’s FedBid usage had been suspended. The GAO held that this was improper because the matter had not been referred to the SBA under the SBA’s Certificate of Competency program.

Yesterday, I appeared on In Depth With Francis Rose to discuss the Latvian Connection cases. Please follow this link to listen to the audio of my interview, and don’t forget to tune in to Federal News Radio every weekday from 4:00 to 7:00 p.m. for Francis’s top-notch show.

HUBZone Fraud: $250,000 Settlement In “Virtual Office” Case

Posted on April 14, 2015 by Steven Koprince

A small business and its owner have agreed to pay $250,000 to resolve HUBZone fraud allegations, including a claim that the company’s HUBZone office was a “virtual” location where no employees actually worked.

According to a Department of Justice press release, Air Ideal, Inc. and its majority owner have also agreed to pay the government five percent of the company’s gross revenues over the next five years.

GAO Doubles Down On FedBid/COC Ruling

Posted on April 13, 2015 by Steven Koprince

The GAO has sustained a second protest based upon FedBid’s suspension of a contractor from its system.

For the second time in less than one week, the GAO held that the contractor’s suspension from FedBid–and resulting inability to bid on a contract–was improper because the matter was not referred to the SBA under the SBA’s Certificate of Competency procedures.

Ordinary, Undisputed Invoices Are Not “Claims”

Posted on April 10, 2015 by SmallGov Contributor

For an invoice to be considered a claim under the Contract Disputes Act, thereby giving the U.S. Court of Federal Claims jurisdiction to consider an appeal of the government’s failure to pay, the contractor must establish that the invoice was in dispute at the time it was submitted to the government.

As demonstrated in a recent Court decision, ordinary, undisputed invoices are not “claims” under the Contract Disputes Act.