Thank You, Pacific Northwest!

Posted on March 16, 2014 by Steven Koprince

On Thursday, I had the pleasure of attending the Alliance Northwest Conference in Washington State, where I gave a breakfast keynote, as well as a breakout session. My breakout presentation, “Government Contracts Legal Update 2014,” focused on legal developments of interest to small government contractors over the past several months.

A big “thank you” to the organizers and sponsors for putting together an outstanding event. And of course, extra thanks to all the government employees, large businesses, and small business owners who attended.

If you were not able to make it to Alliance Northwest, you don’t have to be left out. Just contact me and I would be happy to provide you with a copy of my breakout session presentation.

8(a) Task Orders: No Automatic Size Recertifications

Posted on March 10, 2014 by Steven Koprince

Submitting a proposal for a task order under an 8(a) Government Wide Acquisition Contract does not result in automatic recertification of the offeror’s small business size status.

In a recent decision, the SBA Office of Hearings and Appeals held that unless the Contracting Officer expressly requires recertification, an offeror’s size for an 8(a) set-aside task order is governed by that offeror’s size status for the underlying GWAC.

SBA Affiliation Rules: Contractor Affiliated With Puerto Rico, Says SBA

Posted on March 7, 2014 by Steven Koprince

Now here’s one you don’t see every day. In a recent size appeal decision, the SBA Office of Hearings and Appeals upheld the SBA’s determination that the contractor was affiliated with the government of Puerto Rico.

In Size Appeal of Industria Lechera de Puerto Rico, Inc., SBA No. SIZ-5533 (2014), SBA OHA held that the contractor’s relationship with the Puerto Rican government rendered the contractor, in essence, a quasi-governmental entity, not an independent small business.

Past Performance: Agency Reasonably Considered Quantity

Posted on March 5, 2014 by Steven Koprince

An agency reasonably considered the quantity of offerors’ relevant past performance, even though the solicitation only stated that the relevance and quality of past performance would be considered.

In a recent bid protest decision, the GAO held that the quantity of an offeror’s past performance is logically encompassed within a review of the quality of past performance, and need not be separately identified as an area of evaluation.

Limitation On Subcontracting Information Was Permissible “Clarification,” Says GAO

Posted on March 3, 2014 by Steven Koprince

A procuring agency did not engage in impermissible discussions by allowing a small business to verify its intent to comply with the applicable limitation on subcontracting.

In a recent bid protest decision, the GAO held that the information regarding the small business’s compliance with the subcontracting limits was a permissible “clarification,” and did not require the agency to open discussions with all offerors in the competitive range.

GAO Lacks Jurisdiction Over Debarment Disputes

Posted on February 28, 2014 by Steven Koprince

The GAO lacks jurisdiction to decide whether an agency improperly suspended or debarred a contractor from federal government contracting.

In a recent bid protest decision, the GAO dismissed a protest filed by a debarred contractor, holding that the protester’s underlying challenge to its debarment was a matter for resolution by the contracting agency, not the GAO.

Event: GovCon Legal Update in Washington, DC

Posted on February 27, 2014 by Steven Koprince

As a rare Midwestern government contracts attorney, I am often asked, “when are you next coming to DC?” Well, now I have an answer. I am pleased to announce that I will be presenting a workshop entitled “Government Contracts Legal Update 2014” at the Small Business Leadership Development Conference on March 18.

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 and discuss other areas of government contracts law.

If you haven’t yet registered for the SBLD Conference, don’t miss out. The event focuses on emerging and small business leaders, and includes networking, educational workshops, and matchmaking sessions. Visit the SBLD Conference website to learn more.

See you March 18!