SBA OHA: No Automatic Size Recertifications For GSA Schedule Task Orders

Posted on February 11, 2014 by Steven Koprince

Submitting a proposal for a GSA Schedule task order does not result in an automatic recertification of the offeror’s size.

In a recent size appeal decision, the SBA Office of Hearings and Appeals rejected the argument that an offeror recertifies its size merely by submitting a proposal for a GSA task order. Instead, a firm’s size for purposes of a GSA Schedule task order competition is determined based on the underlying GSA Schedule contract, unless the procuring agency requires recertification for the task order.

SBA OHA: 8(a) Mentor-Protege JV Affiliation Exception Applies To Non-8(a) Contracts

Posted on February 10, 2014 by Steven Koprince

The SBA 8(a) mentor-protege joint venture exception from affiliation applies to non-8(a) contracts, so long as the joint venture meets the 8(a) regulatory requirements.

In a recent size appeal decision, the SBA Office of Hearings and Appeals held that the SBA Area Office erred by deeming a mentor and its protege affiliated for purposes of a non-8(a) contract, without considering whether the joint venture qualified for the mentor-protege exception to the ordinary SBA affiliation rules.

SmallGovCon Week In Review: Feb. 3-7, 2014

Posted on February 7, 2014 by Steven Koprince

We are digging out after a snowstorm here in the Midwest, and I plan to stay warm tomorrow by cheering on the Jayhawks in their game against West Virginia. But before I turn my attention to Andrew Wiggins, Joel Embiid and company, there are plenty of government contracts headlines worth sharing.

In this week’s SmallGovCon Week In Review, some 8(a) companies question whether they program had brought them any advantages, a commentator discusses the “blessing and curse” of mentor-protege agreements, the government may meet its 23% small business goal for FY 2013, and much more.

SBA OHA: Prime Contractor Not Economically Dependent On Subcontractor

Posted on February 7, 2014 by Steven Koprince

A prime contractor was not economically dependent on its subcontractor for purposes of the SBA affiliation rules because a prime contractor “has the power to choose whatever subcontractor it desires.”

In a recent size appeal decision, the SBA Office of Hearings and Appeals stopped short of holding that a prime contractor could never be economically dependent on a subcontractor, but SBA OHA’s decision indicates that if such dependence ever existed, it would be in an unusual case.

Event: GovCon Legal Update At Alliance Northwest

Posted on February 6, 2014 by Steven Koprince

Are you interested in recent legal developments in government contracting? Are you located in the Pacific Northwest? If you answered “yes,” then I have good news. I am pleased to announce that I will be presenting a workshop entitled “Government Contracts Legal Update 2014” at the Alliance Northwest Conference on March 13, 2014.

My workshop will cover recent developments and trends in government contracts law, with a special emphasis on legal developments affecting small businesses. I will also be on hand throughout the day at the Petefish, Immel, Heeb & Hird booth to answer questions about the presentation, discuss other areas of government contracts law, or chat about the dominating Super Bowl victory by the hometown Seahawks.

If you haven’t attended Alliance Northwest before, don’t miss out this year. As the largest business-to-government conference in the Pacific Northwest, Alliance Northwest features hundreds of government buyers, large prime contractors, and small government contractors. The event includes networking, educational workshops, and matchmaking sessions. Visit the Alliance Northwest website to learn more.

See you in March!

HUBZone Certifications Averaging 116 Days–And Other Tidbits From The SBA OIG HUBZone Report

Posted on February 6, 2014 by Steven Koprince

HUBZone certifications are averaging 116 days from the date of application to the date of certification, according to a fascinating SBA Office of Inspector General Report on the HUBZone certification process. The 116-day time frame is considerably longer than the SBA’s goal of 90 days. However, in a majority of cases, the SBA does complete the certification process within 90 days of receiving all of the applicant’s supporting documentation.

In addition to an overview of the time frames associated with a HUBZone certification (a question I am often asked), the SBA OIG report concludes that the SBA’s HUBZone application procedures need updating–and that three potentially ineligible firms were certified in 2012.

Discussions: Second Bite At The Apple Not Required, Says GAO

Posted on February 4, 2014 by Steven Koprince

An agency does not need to reopen discussions to allow an offeror to address a weakness first introduced in a revised proposal.

In a recent bid protest decision, the GAO held that an agency properly eliminated an offeror from the competitive range where the offeror, in a revised proposal submitted after discussions, introduced a new weakness.