GAO: Large Business Can’t Protest Set-Aside Award

A large business lacked standing to protest an award made under a small business set-aside solicitation, according to a recent GAO bid protest decision.

In Creative Computing Solutions, Inc., B-408704, B-408704.2 (Nov. 6, 2013), the GAO dismissed a bid protest filed by a large business, finding that the protester would not be in line for award even if the protest was sustained.

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Thank You, Southern California!

I am back in the Midwest after a trip to sunny Southern California, where I spoke at the 10th Annual Veteran Economic & Business Development Summit in Riverside.  My presentation, “Joint Ventures vs. Prime/Sub Teaming” covered the key legal distinctions between joint ventures and prime/sub teams, with a special focus on the SDVOSB joint venture rules.

A big “thank you” to Julie Padilla, Scott Rice, and the rest of the team from the Riverside Community College District Procurement Assistance Center, who put together an outstanding event.  And of course, extra thanks to the veterans and small business owners who attended (and asked some great questions).

If you were not able to make it to last Friday’s event, you don’t have to be left out.  Just contact me and I would be happy to provide you with a copy of my slides.

Happy Veterans Day From SmallGovCon

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

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.

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

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.

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

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.

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