DOJ Intervenes In False Claims Suit Over FAR Lobbying Restrictions

Posted on November 20, 2012 by Steven Koprince

In the latest indication that the Government is on the lookout for false and improper contractor certifications, the Department of Justice has intervened in a False Claims Act lawsuit against a Texas-based contractor involving the FAR lobbying restrictions.

According to a False Claims Act complaint filed by a whistleblower, Fluor Hanford Inc. and its parent company, Fluor Corporation, used federal funds for lobbying purposes, in violation of a FAR provision requiring Fluor to certify that it would not engage in lobbying with federal funds.

GAO: Agencies Have Broad Discretion On Conducting Discussions

Posted on November 19, 2012 by Steven Koprince

I don’t have a tag for “bad grounds for a GAO bid protest,” but if I did, challenging an agency’s decision not to conduct discussions would fall in that category–at least (as is typically the case), when the solicitation does not state that discussions will be conducted.

This issue comes up often enough in GAO bid protest decisions (with the same predictable result nearly every time) that it’s worth taking a quick look at one such recent case in which this particular issue arose.

Event: Mentor-Protege Roundtable And Book Signing, Hosted By MAGIC

Posted on November 19, 2012 by Steven Koprince

I am pleased to announce that I will be joining the Mid-America Government Industry Coalition for a roundtable on federal mentor-protege programs on March 26-27, 2013 in Midwest City, Oklahoma.

Each program attendee will receive an autographed copy of my book, The Small-Business Guide to Government Contracts. (If you already have a copy, here’s your chance to pick up gift for that special government contractor in your life). The program will offer lots of important information on federal mentor-protege programs and invaluable networking opportunities–you don’t want to miss it.

If you are a government contractor in the Midwest, you owe it to yourself to attend a MAGIC event and see what this great organization can do for you. For more information on the March 2013 mentor-protege event, click over to the event’s page on the MAGIC website.

See you in Oklahoma!

GAO: Protester’s “Scant” Past Performance Descriptions Justified Low Score

Posted on November 15, 2012 by Steven Koprince

If your high school teacher or college professor had asked you to compose an essay up to five pages in length, would you expect an “A” for writing a single paragraph?

Probably not, and the same principle applies when it comes to proposals. In a recent GAO bid protest decision, the agency gave contractors up to five pages to describe each past performance reference. Not surprisingly, the GAO held that it was reasonable for the procuring agency to downgrade an offeror’s past performance score when that offeror only provided a one-paragraph write-up of each project.

GAO Bid Protests Rise 5% In FY 2012

Posted on November 14, 2012 by Steven Koprince

Contractors filed 2,475 GAO bid protests in Fiscal Year 2012, a five percent increase from the prior year, according to the GAO’s annual bid protest report to Congress. The GAO’s annual report indicated that “sustain” decisions were up slightly from the prior year, while the overall “effectiveness rate” of protests–a combination of sustain decisions and agency corrective actions–held steady at 42%.

Meanwhile, the VA was the only procuring agency to ignore GAO recommendations–something the VA did repeatedly in the Aldevra line of cases.

Happy Veterans Day From SmallGovCon

Posted on November 12, 2012 by Steven Koprince

If you click the “service-disabled veteran-owned small businesses” tab on the right, you will find a list of SmallGovCon blog posts on CVE verification, affiliation, joint ventures, and the like. And don’t let me stop you from reading; this is a legal blog, after all.

But before you scroll through the latest SBA OHA or GAO decision, take a moment to think about that phrase, which can be tossed around rather casually in the industry these days: “service-disabled veteran.” Let’s not lose sight of the fact that, whether or not you are a veteran, the service-disabled veteran-owned small business program is worthy of our support because it is one small but important way for our country to say “thank you” to those who risked so much, and gave so much, on behalf of us all.

So, to my service-disabled veteran readers and my veteran readers: thank you. And Happy Veterans Day.

Don’t Subcontract to Mom? SBA OHA Finds Mother-Son Companies Affiliated

Posted on November 8, 2012 by Steven Koprince

Affiliation based on family relationships is perhaps one of the least understood SBA affiliation rules, and continues to trip up many small government contractors. Case in point: a recent SBA Office of Hearings and Appeals decision finding a small business affiliated with a company controlled by the mother of the small business’s owner, based on the family relationship and subcontracts between the companies.