GSA Schedule BPA Awards: Size Status Ordinarily Is Based On Underlying GSA Schedule Contract

Posted on June 11, 2014 by Steven Koprince

When a small business submits an offer for a Blanket Purchase Agreement issued against a GSA Schedule contract, the offeror does not automatically recertify its size. Rather, a new regulation effective December 31, 2013 provides that an offeror’s size status for a BPA issued against a GSA Schedule ordinarily is determined by looking to the offeror’s self-certification for the underlying GSA Schedule contract.

In a recent size appeal decision, the SBA Office of Hearings and Appeals relied, in part, on the new regulation to find that an offeror had not recertified its small business status by submitting a quotation for a BPA to be issued against the offeror’s GSA Schedule contract.

SDVOSBs Take It On The Chin: Federal Circuit Denies Kingdomware Appeal

Posted on June 6, 2014 by Steven Koprince

In a crushing blow to SDVOSBs, the U.S. Court of Appeals for the Federal Circuit has denied the appeal of a lower court decision allowing the VA to procure goods and services using the Federal Supply Schedule without first considering whether SDVOSBs can satisfy the requirement.

Rejecting well-stated objections by a dissenting judge, a two-judge majority held that the purpose of the “Veterans First” rule is to ensure that the VA meets its SDVOSB goals, and that so long as the VA meets its SDVOSB goals, it is free to procure services and supplies from the Federal Supply Schedule without first considering a SDVOSB procurement.

Event: Communicating With Contracting Officers (Overland Park, KS)

Posted on June 4, 2014 by Steven Koprince

In April, I gave a presentation in Wichita on interacting with federal Contracting Officers. Now it’s the Kansas City area’s turn.

To help contractors understand the rules surrounding communications with contracting officials, I am pleased to announce that I will be presenting a seminar entitled “Dealing with Government Contracting Officials: What Can You Really Say And Do?” on June 25, 2014 in Overland Park, Kansas. The seminar is sponsored by the Kansas PTAC, and admission is free. For more information, and to register, simply follow this link.

See you there!

The Nonmanufacturer Rule: Even “Rich Chicks” Must Supply Small Business End Items

Posted on June 4, 2014 by Steven Koprince

Under the nonmanufacturer rule, qualifying as a nonmanfucturer requires a small business to provide the end products of a small business–and even “Rich Chicks” must comply.

In a recent decision, the SBA Office of Hearings and Appeals held that a company named “Rich Chicks, LLC” had not complied with the nonmanufacturer rule because Rich Chicks’ proposal did not offer the end products of a small business.

8(a) Joint Ventures: SBA Approval Not Required At Proposal Submission

Posted on June 2, 2014 by Steven Koprince

A joint venture may be awarded an 8(a) set-aside contract so long as the SBA approves the joint venture before award.

In a recent GAO bid protest decision, a procuring agency rejected a joint venture’s proposal for an 8(a) set-aside contract because the joint venture had not been approved by the SBA as of the date of proposal submission. The GAO–relying in part on input from the SBA–held that the rejection was improper.

WOSB Program: House-Passed 2015 NDAA Allows Sole Source Contracts

Posted on May 28, 2014 by Steven Koprince

Women-owned small businesses could receive sole source contracts under the National Defense Authorization Act of 2015, which was passed by the House of Representatives last week.

The House-passed 2015 NDAA includes an amendment authorizing economically disadvantaged women-owned small businesses to receive sole source contracts of up to $6.5 million for manufacturing, and up to $4 million for other industries. For WOSBs that are not economically disadvantaged, sole source contracts would be available, with the same thresholds, in industries where WOSBs are considered substantially underrepresented.

SDVOSB Programs: House-Passed 2015 NDAA Transfers Verification To SBA

Posted on May 26, 2014 by Steven Koprince

Last week, the U.S. House of Representatives passed the 2015 defense authorization bill. The House-passed version of the 2015 National Defense Authorization Act would transfer VetBiz SDVOSB verification from the VA to the SBA.

If the Senate agrees, and the President signs the bill into law, the process of transferring SDVOSB verification from the VA CVE to the SBA could begin later this year.