New SmallGovCon Features: Upcoming Events and Past Presentations

Posted on July 11, 2012 by Steven Koprince

Despite what you might think if you read SmallGovCon regularly, blogging is not my favorite way of communicating information about legal developments in the world of government contracting (although I do love blogging!)

Hands-down, I prefer getting out and meeting contractors and others in the industry, face-to-face. That is why I travel around the country, speaking at industry days, conferences, and conventions. In the past year alone, I have spoken at events from Annapolis to Seattle (and many places in between) and I have several more events on tap in the months to come.

To help readers keep up with my speaking schedule, I am pleased to announce that SmallGovCon now features an Upcoming Events page. On this page, you can see where, when, and on what topic I will be speaking. If I will be in your area, please do not hesitate to contact me in advance and we can arrange to get a cup of coffee, or sit down for a more formal meeting.

Now, I understand that unlike the Grateful Dead, I do not have legions of fans following me around the country. So if you will not be able to attend one of my events, you can now view slides from the event after it occurs on the SmallGovCon Past Presentations page (assuming permission is granted by the event sponsor).

Please enjoy the new SmallGovCon features, and I hope to see you at an industry event soon.

Price Realism: GAO Rejects “Incumbent Knows Best” Argument

Posted on July 11, 2012 by Steven Koprince

When an incumbent contractor loses a follow-on contract to a lower-priced competitor, the incumbent sometimes complains that after successfully performing the contract, it “knows what it takes” to get the job done, and that based on its experience, the competitor’s price is unrealistically low.

It is a perfectly logical argument, with one big problem: it can be very difficult to convince the GAO that an incumbent knows better than the procuring agency what constitutes a realistic fixed price for a contract. The difficulty in succeeding with such an “incumbent knows best” price realism protest is demonstrated in a recently released GAO bid protest decision, Resource Ltd., B-406492, B-406492.2 (June 6, 2012).

SBA OHA: SBA Cannot Belatedly Oppose Size Appeal

Posted on July 10, 2012 by Steven Koprince

No matter your political persuasion, it’s hard to forget the image of Senator John Kerry windsurfing in the famous 2004 Bush-Cheney ad. The ad attacked Kerry for supposedly changing his mind too often–“flip-flopping,” in political parlance.

It turns out that the dangers of flip-flopping are not limited to politics. In a recent SBA size appeal decision of the SBA Office of Hearings and Appeals, SBA OHA held that if the SBA’s Office of Government Contracting, or OGC elects not to formally oppose a SBA size appeal, it cannot later change its mind and ask SBA OHA to revisit the size appeal decision. Because the SBA OGC does not formally oppose most SBA size appeals, SBA OHA’s decision forces the SBA OGC to make up its mind quickly about whether it will play a role in the SBA size appeal process.

8(a) Contractor Fraudulently Evades 8(a) Sole Source Threshold–With Procuring Agency’s Knowledge

Posted on July 9, 2012 by Steven Koprince

A soon-to-graduate 8(a) contractor submitted a fraudulent proposal designed to evade the 8(a) Program’s sole source limits, with the full knowledge of the procuring agency in question, according to a decision issued by the U.S. Court of Federal Claims.

As described in Veridyne Corporation v. United States, No. 06-150C (Fed.Cl. 2012),Veridyne Corporation greatly underestimated the cost of a contract in order to slip it under the 8(a) Program’s sole source threshold, but the scheme eventually collapsed, leaving Veridyne liable for false claims and procurement fraud–and leaving the procuring agency in question with egg on its face and a lot of explaining to do.

Event: SDVOSB Joint Venturing, Teaming and Subcontracting (El Paso, TX)

Posted on July 6, 2012 by Steven Koprince

I am excited to announce that I will be speaking on “SDVOSB Teaming, Joint Venturing, and Subcontracting” at the 7th Annual Veterans Business Conference in El Paso, Texas. The conference will be held August 15, 2012 at the Wyndham Airport Hotel.

Joint venturing and teaming can make a SDVOSB more competitive, but can also be complex and risky. In this presentation, I will demystify the SDVOSB teaming process. For SDVOSB prime contractors, I will explain how to put together strong and effective joint venture agreements, teaming agreements and subcontracts, avoid common compliance mistakes, and deal with the day-to-day challenges of managing a relationship with a large subcontractor. And for SDVOSB subcontractors, I will discuss how to negotiate a better deal with a large prime contractor and earn a reputation as the first company a large prime calls when it needs a SDVOSB subcontractor.

In addition to speaking, I will be on the trade show floor at the Petefish, Immel, Heeb & Hird, LLP booth, where I will answer attendees’ questions and sign copies of my book, The Small-Business Guide to Government Contracts.

Many thanks to Joseph Conway and the El Paso Contract Opportunities Center for inviting me to be a part of this great event. For more information, visit the El Paso Contract Opportunities Center website.

Subcontractors And Past Performance: What Are The Risks?

Posted on July 6, 2012 by Steven Koprince

Inexperienced small government contractors sometimes rely primarily (or completely) on larger subcontractors to boost their past performance scores. Although this practice sometimes results in better past performance scores, there are two risks small government contractors should be aware of when it comes to relying on a subcontractor’s past performance: poor evaluations and ostensible subcontractor affiliation.

A recent GAO bid protest decision, coupled with a decision of the SBA Office of Hearings and Appeals, demonstrates how each risk may affect a small government contractor.

GovCon Compliance And More: Catch Me Monday On “Amtower Off Center”

Posted on July 5, 2012 by Steven Koprince

If you are interested in hot-button compliance issues facing small government contractors, tune in to Federal News Radio Monday, July 9 at noon Eastern when I join government contracts guru Mark Amtower on his popular radio show, “Amtower Off Center.” We will talk about affiliation, ethics plans, employment issues, and other compliance matters from my book, The Small-Business Guide to Government Contracts, as well as the SBA’s 2011 Small Business Procurement Scorecard.

Not in the DC area? Not to worry. You can catch my appearance–and all of Mark’s recent shows–on the Federal News Radio website.