Happy Veterans Day From SmallGovCon

Posted on November 11, 2013 by Steven Koprince

In the movies, the heroes are often loud and brash. But in real life, the heroes I know are, almost without fail, extraordinarily modest.

Veterans don’t tend to boast about their accomplishments on the battlefield, and they don’t expect sympathy for the sacrifices they made. Instead, they pursue their post-military careers with the same work ethic, determination and honor that are hallmarks of our military. It is little wonder that many of my most successful clients are veteran-owned small businesses.

Veterans are extraordinarily modest. They don’t ask for, or expect, a “thank you.” But that doesn’t mean they don’t deserve one. If you are a veteran, thank you very much for your service. If you are not a veteran, take a moment today to thank the veterans in your life.

To all, Happy Veterans Day.

SmallGovCon Week In Review: November 4-8, 2013

Posted on November 8, 2013 by Steven Koprince

I am in sunny Southern California, where I am speaking on teaming and joint venturing at an excellent PTAC conference. Meanwhile, as the effects of the shutdown begin to slowly fade, a wide variety of government contracts news is making headlines.

In this week’s SmallGovCon Week in Review, the DHS’s EAGLE II awards come under fire, a GAO report alleges poor contracting practices at the Bureau of Land Management, Guy Timberlake of the American Small Business Coalition explains the importance of understanding and using government contracting data, and much more.

E-Verify Bid Protest Tossed Out By GAO

Posted on November 6, 2013 by Steven Koprince

The GAO has dismissed a bid protest alleging that the awardee of a Defense Logistics Agency contract was not registered in the E-Verify system.

According to the GAO, a contractor’s E-Verify registration is a matter of contract administration to be addressed after award, and thus outside of the GAO’s bid protest jurisdiction.

SDVOSB Program: VA Must Pay Attorneys’ Fees in Ownership Transfer Case

Posted on November 5, 2013 by Steven Koprince

The U.S. Court of Federal Claims has ordered the VA to pay attorneys’ fees to Miles Construction, LLC stemming from the Court’s February decision that the company’s “right of first refusal” provision did not render it ineligible for the VA’s SDVOSB program.

In ordering the VA to pay attorneys’ fees, the Court held that the VA’s defense of its broad interpretation of “unconditional ownership” was not substantially justified–but also suggested that the Court might not reach the same result under the SBA’s SDVOSB rules.

Sex, Lies, & Bid Protests: Adultery-Based Challenge Fails at GAO

Posted on November 4, 2013 by Steven Koprince

An alleged adulterous relationship between a Navy program manager and a contractor support employee did not provide a basis to challenge the Navy’s award to a different contractor.

The GAO’s recent decision in Harris IT Services Corporation, B-408546.2, B-408546.3 (Oct. 31, 2013) involved more salacious allegations than one typically encounters in a bid protest case, but the GAO’s ruling was no surprise: after all, the awardee was not the company employing the allegedly unfaithful employee.

SmallGovCon Week In Review: Oct. 28 – Nov. 1, 2013

Posted on November 1, 2013 by Steven Koprince

I hope you and yours enjoyed a wonderful Halloween. My kids enjoyed a brief round of trick-or treating but on the home front, we ran out of candy rather early (due, in part, to a rather disturbing trend on the part of some costumed kids to blatantly grab entire fistfuls of candy from the dish).

With Halloween festivities over, what better way to spend a Friday afternoon than catching up on government contracting news? In this week’s SmallGovCon Week In Review, a small business subcontractor sues a prime for breach of a teaming agreement, the DoD announces plans to audit Buy American Act compliance, the Army pushes WOSB acquisitions, and much more.

SBA OHA: Favorable SBA Size Determinations Not Binding In Future Cases

Posted on October 31, 2013 by Steven Koprince

A SBA size determination issued in 2007 was not binding on the question of whether the same company was still small in 2013.

According to a recent decision of the SBA Office of Hearings and Appeals, there is no rule providing that an SBA Area Office must follow its own prior size determination. Rather, an SBA Area Office is free to issue a size determination contradicting its own prior ruling.