GAO: Subcontracting Plan Requirement Applies Broadly

Posted on December 24, 2014 by Steven Koprince

When a Contracting Officer determines that subcontracting possibilities will exist under a qualifying unrestricted contract, subcontracting plans are required from all offerors other than small businesses–including entities that do not intend to issue any subcontracts.

In a recent bid protest decision, the GAO rejected a protester’s argument that the subcontracting plan requirement is to be determined on an “offeror by offeror” basis, and held that the requirement to provide a subcontracting plan is broadly applied.

Joint Ventures And GAO Protests: Protester Must Have “Standing”

Posted on December 23, 2014 by SmallGov Contributor

For a member of a joint venture to file a GAO bid protest on behalf of the joint venture, the member must have the authority to do so. If a JV Member’s authority to act is in question, the GAO will dismiss the protest for lack of standing.

In a recent decision, the GAO dismissed a bid protest filed by a joint venture member because the other joint venture member disputed the protester’s right to act on the joint venture’s behalf.

GovConChat: The 2015 NDAA

Posted on December 22, 2014 by Steven Koprince

Last week, I joined Guy Timberlake of the American Small Business Coalition for another segment of the popular “GovConChat” podcast series.

Guy and I discussed the impact of the 2015 National Defense Authorization Act on small contractors, including provisions (or a lack thereof) involving SDVOSBs, WOSBs, and reverse auctions. Guy and I also chatted about a recent allegation of HUBZone fraud stemming from a contractor’s alleged use of a “virtual office” as its supposed HUBZone location.

It’s always a pleasure speaking to Guy, who brings a great perspective to the issues (as well as a memorable voice tailor-made for podcasts). Check out the full podcast by following this link, and be sure to check out the GovConChat archives for Guy’s conversations with other movers and shakers in federal procurement.

WOSB Program: Sole Source Contracts are Coming!

Posted on December 19, 2014 by SmallGov Contributor

Just in time for the holidays, there is good news for WOSBs–sole source contracts are coming!

If you have followed SmallGovCon over the past week, you have seen a few posts about changes made to the 2015 National Defense Authorization Act since the bill was initially passed by the House in May. But one piece of the original House bill has remained intact: the final 2015 NDAA allows WOSBs and EDWOSBs to receive sole source contracts.

WOSB Program: 2015 NDAA Eliminates Self-Certification

Posted on December 17, 2014 by Steven Koprince

With little fanfare, Congress just passed legislation eliminating the ability of WOSBs to self-certify for purposes of WOSB set-aside contracts.

The 2015 National Defense Authorization Act rewrites the portion of the Small Business Act governing WOSB set-asides, deleting what I have called the “trust but verify” option: the ability for putative WOSBs to self-certify as such, then back up their self-certifications by submitting supporting documentation to the WOSB Document Repository. Instead, the 2015 NDAA would appear to require a formal certification in order for a small business to be awarded a WOSB set-aside contract.

Thank You, Veterans!

Posted on December 15, 2014 by Steven Koprince

I am back in the Midwest after traveling to Atlanta last week for the National Veterans Small Business Engagement. This annual event was everything it was cracked up to be, featuring an incredible array of government officials, veteran-owned businesses, large prime contractors, and industry leaders.

Thank you to everyone who attended my learning session on GAO bid protests–you were a very engaged audience. Thank you, as well, to the organizers of the event, who assembled an outstanding variety of sessions and kept everything running very smoothly.

Thanks also to all of my veteran-owned clients and contacts who attended from all over the country. It was good to see so many familiar faces, and in some cases to put faces to names for the first time. And most importantly, for all the veterans who attended (and those who were unable to do so this year), thank you for your service to our country.

HUBZone Fraud: Government Alleges “Virtual Office” Scheme

Posted on December 15, 2014 by Steven Koprince

A HUBZone contractor has been accused of HUBZone program fraud for allegedly falsely claiming to be located in a HUBZone, when in fact the office in question was a “virtual office” where no employees worked.

According to a Department of Justice press release, the contractor not only misrepresented its principal office location, but submitted a fabricated lease to the SBA as part of its HUBZone application.