SmallGovCon Week In Review: Sept. 2-6, 2013

Posted on September 6, 2013 by Steven Koprince

SmallGovCon is now more than a year old (time flies!) and it’s time to make a few changes to enhance the site for our regular readers (and those who have yet to become regular readers).

As part of that effort, I am pleased to announce the debut of SmallGovCon Week In Review. Every Friday, SmallGovCon Week In Review will spotlight a number of current news articles, editorials, and other writings.

In this week’s SmallGovCon Week In Review, the Washington Post focuses on the VA’s SDVOSB program, Federal News Radio spotlights new Department of Labor hiring benchmarks for federal contractors, Washington Technology offers advice from three of the country’s fastest-growing government contractors, and much more.

8(a) Program: Lack Of Business Development Effort Results In Termination

Posted on September 3, 2013 by Steven Koprince

An 8(a) firm’s failure to actively pursue its business has caused the SBA to terminate the firm from the 8(a) program.

Upholding the termination, the SBA Office of Hearings and Appeals noted that if an 8(a) firm’s fails to make substantial and sustained efforts to obtain business, the SBA is justified in kicking the firm out of the 8(a) program.

Economic Dependence Affiliation Can Be Created By Single Contract

Posted on August 29, 2013 by Steven Koprince

Economic dependence affiliation under the SBA’s affiliation rules can be created by a single ongoing contract, according to the SBA Office of Hearings and Appeals.

In a recent size appeal decision, SBA OHA held that a single contract amounting to more than 90% of an 8(a) applicant’s revenues over two years resulted in economic dependence affiliation.

8(a) Joint Ventures Are Not 8(a) Program Participants, Says SBA OHA

Posted on August 28, 2013 by Steven Koprince

8(a) joint ventures are not 8(a) program participants, according to a recent (and commonsense) decision of the SBA Office of Hearings and Appeals.

In its decision, SBA rejected a joint venture’s argument that its 8(a) joint venture agreement was essentially an 8(a) program application, drawing a jurisdictional decision between 8(a) program certification and 8(a) joint venture agreement approval.

GAO Bid Protests And Bias Allegations: A Waste Of Time?

Posted on August 23, 2013 by Steven Koprince

GAO bid protests sometimes involve allegations that a particular contracting officer and/or other government personnel were biased against the protester.

However, as a recent GAO bid protest decision demonstrates, without “convincing proof,” which can be very difficult to obtain, the GAO will not sustain a protest allegation of bias or bad faith on the part of government employees. In other words, without a “smoking gun,” making an allegation of bias or bad faith may simply be a waste of time.

GAO: Agency Need Not Raise High Costs In Discussions

Posted on August 21, 2013 by Steven Koprince

In discussions, a procuring agency is not required to inform a prospective contractor that its costs are higher than those of its competitors, unless those costs are so high as to be unreasonable.

This important potential limitation on the scope of discussions was at issue in a recent GAO bid protest decision, in which the GAO held that an agency had not erred by failing to inform an offeror that its proposed costs were approximately $3 million higher than the awardee’s.

SBA’s Successor-In-Interest Affiliation Rule Limited To “Reborn” Companies

Posted on August 20, 2013 by Steven Koprince

The SBA’s “successor-in-interest” affiliation rule provides that a government contractor can be affiliated with a dissolved or liquidated company, but only if the government contractor acquires “all, or nearly all” of the dissolved company’s assets and liabilities.

According to a recent commonsense decision of the SBA Office of Hearings and Appeals, the successor-in-interest affiliation rule does not apply when a government contractor acquires only some of the dissolved company’s assets and liabilities.