SmallGovCon Weeks In Review: November 21-December 2, 2016

I hope that all of our readers had a happy Thanksgiving.  The holiday season is in full swing here at Koprince Law LLC, where we have a festive tree in our lobby and holiday cookies in the kitchen.

But between holiday shopping and snacking, there is still plenty happening in the world of federal government contracts.  Today, we have a special SmallGovCon “Weeks” in Review, beginning with stories from November 21.  The latest news and commentary includes two different cases in which business owners were convicted procurement fraud, a potential end to the Fair Pay and Safe Workplaces regulations, and much more.

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SmallGovCon Week In Review: August 29-September 2, 2016

We have been hard a work all week long here at Koprince Law and are ready to take advantage of the Labor Day weekend. Not only is it a long weekend, but it is also the start of the college football season. There is nothing better than football, tailgating and cooler weather to get you in the mood for fall (although our local Kansas Jayhawks haven’t exactly been tearing up the gridiron in recent years).

Before you head out the door to enjoy the holiday weekend, it’s time for the SmallGovCon Week In Review. This week’s edition includes articles on the recent implementation of the Fair Pay and Safe Workplaces final rule, a look at the large amount of money spent of professional services and how that spending is (or isn’t) tracked, a proposed rule for streamlining awards for innovative technology projects and much more.

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SmallGovCon Week In Review: April 4 – 8, 2016

For me, the theme this week has been “rock stars.”  I began the week with my friends at APTAC–the rock stars of procurement counseling.  And last night, I enjoyed 3 1/2 hours of the rock stars of, well, rock stars, as Bruce Springsteen and the E Street Band played the Sprint Center in Kansas City.

Even as the refrain from “Badlands” keeps running through my head (not a bad thing!) I haven’t forgotten that it’s Friday–and that means it’s time for the SmallGovCon Week In Review.  In this week’s edition, Samantha Bee offers a pointed but humorous take on the pace of progress for WOSBs, a contractor is accused of SDVOSB fraud in a $23 million case, the SBA is proposing to consolidate the SBIR and STTR Policy Directives, and much more.

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SmallGovCon Week In Review: January 25-28, 2016

It is hard to believe that Tuesday is Groundhog Day already. As we all wait in anticipation for him to emerge from his burrow, and hopefully not see his shadow, we offer you some reading material to help make your wait more enjoyable.

This final January 2016 edition of SmallGovCon Week In Review brings you a look at the Lockheed Martin/Leidos merger, a cautionary tale about the dangers of violating federal prevailing wage laws, new principles behind the VA’s procurement strategies, and much more.

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Small Business Status And Task Orders: GAO Provides Some Clarity

According to the GAO, a business qualifies as small for purposes of a task order competition under a Governmentwide Acquisition Contract so long as the business was small for purposes of the underlying GWAC, and the Contracting Officer does not request size recertification in connection with the task order.  And even if recertification is required for the task order, the operative date to determine small business status is the date of the task order offer–not the date the task order is awarded.

In a recent bid protest decision, the GAO and SBA both weighed in on the question of small business size status for task order competitions, providing some helpful clarity on this often-confusing topic.

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8(a) Task Orders: No Automatic Size Recertifications

Submitting a proposal for a task order under an 8(a) Government Wide Acquisition Contract does not result in automatic recertification of the offeror’s small business size status.

In a recent decision, the SBA Office of Hearings and Appeals held that unless the Contracting Officer expressly requires recertification, an offeror’s size for an 8(a) set-aside task order is governed by that offeror’s size status for the underlying GWAC.

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Task Order Procurement Decision Not Protestable, Says Federal Court

The U.S. Court of Federal Claims lacks jurisdiction to hear a challenge to an agency’s decision to procure services by way of a task-order competition under a government-wide acquisition contract.

In MORI Associates, Inc., No. 13-671C (2013), the Court held that it lacked authority to consider whether an agency’s decision to procure services by way of a task order competition under a GWAC–rather than under the GSA Schedule–was improper.

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