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.

SDVOSB Programs: New Bill Would Standardize Eligibility Requirements; Study Government-Wide SDVOSB Verification

Posted on May 21, 2014 by Steven Koprince

The definition of a “service-disabled veteran-owned small business” would be standardized under a new bill introduced by Senators Angus King and Richard Burr.

The King-Burr bill, S.2334, could resolve a serious problem: under current law, the requirements to qualify as a SDVOSB vary (in some cases, significantly) depending on whether an acquisition falls under the VA’s SDVOSB rules or the SBA’s SDVOSB rules.

The King-Burr bill also directs the GAO to study whether it is practical to implement a Government-wide SDVOSB verification system.

NAICS Code Appeals: No New Challenges To SBA OHA Decisions

Posted on May 19, 2014 by Steven Koprince

A NAICS code appeal cannot validly be filed against a NAICS code designated by the SBA Office of Hearings and Appeals.

In a recent decision, SBA OHA held that when SBA OHA determines the appropriate NAICS code as the result of a NAICS code appeal, that NAICS code cannot itself be attacked in a new NAICS code appeal. The message to prospective offerors: participate in the initial NAICS code appeal, or hold your peace.