SDVOSB Fraud: Guilty Plea In “Rent-A-Vet” Case

A Nebraska man has pleaded guilty to fraud and money laundering charges stemming from a SDVOSB “rent-a-vet” scheme under which an ineligible business received 45 SDVOSB contracts.

According to a Department of Justice press release, the man faces up to 24 months in prison and financial penalties.  He and his companies also have been suspended from government contracting and face the likelihood of debarment.

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GAO: Agency Reasonably Considered Subcontractor’s Experience

Absent an express prohibition in the solicitation, the experience of a proposed subcontractor may be considered by an agency in determining whether an offeror meets the solicitation’s experience requirements.

In a recent bid protest decision, the GAO confirmed that the experience of a proposed subcontractor could be considered in an agency’s evaluation because the solicitation did not prohibit the agency from considering the subcontractor’s experience.

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Thank You, Indian Country!

I am back in Kansas after spending two days at the Indian Country Business Summit in Norman, Oklahoma.  On the first day of the summit, I gave a luncheon keynote on legal updates in government contracting.  The second day, I gave a breakout session on prime/subcontractor teaming agreements.

My thanks to Carter Merkle, Dan Little Axe, and their colleagues for hosting this the summit and inviting me to speak.  A big thank you, as well, to all of the conference attendees for making the ICBS such a great event.

After a few weeks at home, I will be traveling to the Washington DC area for the HUBZone National Conference.  If you are a HUBZone firm, I hope to see you there.

Prime Doesn’t Submit Teaming Agreement, Loses Evaluation Credit

A prime contractor submitting a proposal for a design-build project was not entitled to take advantage of the experience of its designer because the prime failed to submit a teaming agreement between itself and the designer.

In a recent bid protest decision, the GAO held that the agency properly viewed the designer as a subcontractor, and acted reasonably–under the specific terms of the solicitation–in refusing to award experience credit for the designer’s work because the prime did not submit a teaming agreement. Continue reading…

GSA Schedule Sales of Chinese Products Result In $2.3 Million False Claims Settlement

Sales of Chinese products off the GSA Schedule has resulted in a $2.3 million False Claims Act settlement.

According to a Department of Justice press release, Samsung Electronics America, Inc. has agreed to the settlement to resolve allegations that Samsung informed GSA Schedule resellers that certain products were manufactured in “designated countries” under the Trade Agreements Act, when in fact those products were manufactured in China.

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GAO: Lack of Original Bid Guarantee Rendered Bid Nonresponsive

When an agency’s invitation for bids requires the submission of a bid guarantee, a bidder’s failure to include the original bid guarantee at bid opening may render the bid nonresponsive.

In a recent bid protest decision, the GAO held that a procuring agency properly rejected a bid because the bidder provided only a copy of the required bid guarantee with the bid.

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SmallGovCon’s 500th Post: Thank You, Readers

Last week, SmallGovCon hit a milestone: the 500th post since the blog began publication in May 2012.

At the beginning, I wondered whether anyone would pay attention to a blog focusing exclusively on legal issues of interest to small government contractors.  I don’t wonder anymore.  According to Google Analytics, several hundred readers visit SmallGovCon each weekday–sometimes, many more than that.  Even if it weren’t for Google’s metrics, I would know that SmallGovCon has filled an important information gap from the comments I receive whenever I am on the road at industry events.  Many people I meet for the first time don’t know me yet, but they do know SmallGovCon.

I have been fortunate to write for a bright, articulate audience of contractors and industry professionals.  Yes, that means you.  So whether you are a first-time reader or long-time follower, thank you for reading SmallGovCon.  A blog is nothing without its readers, and I am honored–and humbled–to be read by you.