SDVOSBs: Say Goodbye to the “Center for Veterans Enterprise”

Posted on September 30, 2013 by Steven Koprince

The “Center for Veterans Enterprise” is no more. Technically speaking, anyway.

Tucked away in today’s interim final rule on SDVOSB protests and appeals is a notation that the VA CVE has renamed itself the “Center for Verification and Evaluation.” According to the rule, the purpose of the new name is to “more accurately reflect the mission of this office which is to determine the status of SDVOSBs and VOSBs with respect to VA’s SDVOSB/VOSB set-aside acquisition program established by 38 U.S.C. 8127.”

As a practical matter, the name change will have no effect on SDVOSBs and VOSBs. But perhaps in connection with other positive developments this year–most notably, the pre-determination findings program–the “new” VA CVE will begin to improve its standing with frustrated veterans.

VA SDVOSB Protests: New Rule Allows Appeals

Posted on September 30, 2013 by Steven Koprince

The VA SDVOSB protest process has been criticized by some (including a certain Kansas-based government contracts attorney) for failing to offer a right of appeal. Under the VA’s rules, if a protested company was found to be ineligible as a SDVOSB, its only option was to sue the VA in federal court–an expensive and time-consuming proposition.

Until now.

Today, the VA published an interim final rule, under which a protested SDVOSB has the right to an appeal within the VA. The new system isn’t perfect, but it’s a step in the right direction.

SmallGovCon Week In Review: Sept. 23-27, 2013

Posted on September 27, 2013 by Steven Koprince

On a typical September 27, government contracting headlines are dominated by last-minute fiscal year spending. But this year, government shutdown talk has drowned out most other government contracts news.

This week’s SmallGovCon Week In Review features articles on the shutdown, as well as a few headlines you might have missed regarding Federal Prison Industries, OASIS, and more.

GAO Bid Protest Jurisdiction: No Intellectual Property Disputes

Posted on September 26, 2013 by Steven Koprince

The GAO’s bid protest jurisdiction does not extend to complaints that a government agency has violated a company’s intellectual property rights.

According to a recent GAO bid protest decision, the GAO lacks jurisdiction over intellectual property matters, and affected companies must seek relief in the federal courts.

8(a) Program: Switch To LLC Leads To Termination

Posted on September 25, 2013 by Steven Koprince

A participant in the SBA’s 8(a) program must obtain the SBA’s prior approval before switching its business structure–or else.

Case in point: recently, an 8(a) participant was terminated from the 8(a) program because it switched its corporate structure from a corporation to a limited liability company without the SBA’s prior approval.

Ostensible Subcontractor Rule: Management Ain’t Enough to Comply

Posted on September 23, 2013 by Steven Koprince

When it comes to the SBA’s ostensible subcontractor rule, managing a contract, by itself, is not enough to avoid affiliation.

As demonstrated in a recent decision of the SBA Office of Hearings and Appeals, a small business and its subcontractor violate the ostensible subcontractor rule whenever the subcontractor will perform the primary and vital work required under the prime contract–even if the small business will perform the management function.

SmallGovCon Week in Review: September 16-20, 2013

Posted on September 20, 2013 by Steven Koprince

In this week’s SmallGovCon Week In Review, the American Legion asks an appellate court to overturn the infamous Kingdomware SDVOSB decision, the Office of Management and Budget prepares for a potential government shutdown, a blogger writes that despite new rules, small subcontractors may be mistreated by large primes, and much more.