Air Force Solicitation Requires SDVOSB VetBiz Verification

Posted on March 7, 2013 by Steven Koprince

VetBiz verification is only required for VA SDVOSB set-aside solicitations (and FAA SDVOSB set-asides), right? Not in the eyes of one Air Force contracting officer, who apparently inserted a VetBiz verification requirement in a recent SDVOSB set-aside solicitation.

After being excluded from the competition, a contractor challenged the legality of the VetBiz requirement, and asked the SBA to declare it invalid. Unfortunately for the protester, as the SBA Office of Hearings and Appeals held, the SBA lacks authority to rule on such a protest.

Event: APTAC Spring Conference

Posted on March 6, 2013 by Steven Koprince

I am excited to announce that I will be presenting at the Association of Procurement Technical Assistance Centers Spring Conference in Atlanta.

The presentation will focus on recent changes enacted in the National Defense Authorization Act, including changes to subcontracting limits, the Women-Owned Small Business Program, federal mentor-protege programs, and more. I will also discuss other changes on the horizon in 2013.

The presentation will be given on Monday, April 22, 2013. Attendance is limited ATPAC members. For more information, contact APTAC.

VA CVE Announces “Pre-Determination Findings” To Improve SDVOSB Verification

Posted on March 6, 2013 by Steven Koprince

The VA Center for Veterans Enterprise will soon begin giving some applicants the opportunity to correct problems with their SDVOSB verification applications before denying their applications.

In a letter sent yesterday to a number of SDVOSB advocates, VA OSDBU Executive Director Thomas Leney announced that the VA CVE’s new “pre-determination findings” program will launch on May 1, 2013. If the new program works as intended, it could significantly reduce the number of SDVOSBs requesting reconsideration, lead to quicker verifications, and reduce the backlog of verification applications.

GAO: Agency Should Have Considered Experience Of Contractor’s Personnel

Posted on March 5, 2013 by Steven Koprince

A procuring agency’s assignment of a “significant weakness” on the basis of a contractor’s supposed lack of experience was unreasonable because the agency did not consider the experience of the contractor’s personnel.

In BAE Systems Technology Solutions & Services, Inc., B-405664, B-405664.2 (Dec. 12, 2011), the GAO sustained a bid protest, holding in part that the agency erred by overlooking the experience of the protester’s personnel.

Federal Court: Small Business Set-Aside Threshold “Purposefully Low”

Posted on March 4, 2013 by Steven Koprince

The FAR’s threshold for meeting the so-called “Rule of Two” for small business set-asides is “purposefully low,” according to a recent decision of the U.S. Court of Federal Claims.

In Adams & Associates, Inc. v. The United States, No. 12-731C (2013), the Court rejected a challenge to a small business set-aside, holding in part that a contracting officer need not conduct a thorough responsibility evaluation of prospective small business offerors before issuing a set-aside.

Federal Court Enjoins Contract Award Pending SBA OHA Size Appeal

Posted on March 1, 2013 by Steven Koprince

If a contractor ends up on the losing end of a SBA size protest, the contractor has the right to appeal to the SBA Office of Hearings and Appeals. The problem is that SBA OHA size appeals can take months. A contracting officer may be unwilling to wait, and simply award the contract to the next company in line.

Neither the FAR nor the SBA’s regulations require the contracting officer to suspend award or performance pending SBA OHA’s decision. However, as a recent case demonstrates, if the SBA OHA appeal has a reasonable likelihood of success, the U.S. Court of Federal Claims may issue an injunction prohibiting the procuring agency from awarding the contract pending the result of the SBA OHA size appeal.