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GAO: Meaningful Discussions Must Disclose Proposal Weaknesses Discovered After a Corrective Action

Given the amount of competition in most solicitations, the ability of a contractor to receive feedback on its proposal can provide valuable information to help the contractor hone its response to best address the key factors sought by the agency in its solicitation. On those rare occasions when an agency reopens its solicitation and provides feedback to the individual offeror’s initial proposal, the contractor is provided such an opportunity–except when the contractor gets left out of the feedba

Koprince Law LLC

Koprince Law LLC

FAR Final Rule on Limitations on Subcontracting

It has been a long time coming, but the Department of Defense, in conjunction with the GSA and NASA, are finally issuing a final rule amending the FAR guidance regarding limitations on subcontracting. In this post, we are going to explore just what these changes are and what they mean for government contractors such as yourself. The hope is this brief summary and analysis will provide you some insight as to just what the new rules do. If you can believe it, this latest rule change is bas

Koprince Law LLC

Koprince Law LLC

CIO-SP4 Amendment 11 Removes a Small Business Requirement

A quick update on CIO-SP4. NITAAC has issued amendment number 11 to CIO-SP4. It moves the deadline to August 27, and takes out some confusing language about small business teams. Specifically, it has removed the language saying: “The small business prime must demonstrate how they will comply with the LOS by including in their Small Business Teaming Agreement the specific level of effort and how each will ensure compliance with 52.219-14.” That is now deleted. That is the only chang

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: August 15-20, 2021

Happy Friday to all of our SmallGovCon readers and we hope you had a great week! This week saw some interesting federal contracting developments, such as several announcements from the SBA including an announcement to increase the amount of federal contracting dollars that go to small, disadvantaged businesses as well as the appointment of key Small Business Administration staff. Jay Bonci was also sworn in as the Air Force CTO, this week. Read on for other news in federal government contrac

Koprince Law LLC

Koprince Law LLC

Number of Small Businesses Awarded Federal Government Contracts Has Dropped 12.7% in Four Years

The number of small businesses receiving government contracts dropped yet again in Fiscal Year 2020–and the four-year decline is 12.7%. In its FY 2020 goaling scorecard, the SBA reported that 45,661 distinct small businesses received contracts in the top 100 NAICS codes. The previous fiscal year, 46,661 distinct small businesses received contracts. Four years ago, when SBA first started including this statistic in its annual reports, the number stood at 51,866. Clearly, the numbers are

Koprince Law LLC

Koprince Law LLC

CIO-SP4 Amendment 10: More Changes and No Delay

Amendment 10 clarifies obligated dollar values, how to have subcontracted federal work counted, restrictions to contractor participation in task areas, evaluation of contractor program manager(s), establishing a static date from which to calculate the three-year look-back for corporate experience relevance, and evaluation of labor rates. Needless to say, there is a lot of things packed into Amendment 10, and here’s the kicker, proposals are still due August 20th! With little time to digest,

Koprince Law LLC

Koprince Law LLC

GAO: Multiple Contracts With Single Agency May Increase Conflict Risk

As federal contractors begin to become engaged in multiple programs for a particular agency, the potential for the firm to encounter a situation where it finds itself involved in an organizational conflict of interest (OCI) may increase. This is particularly true with respect to “impaired objectivity” OCI, which is when a firm’s ability to render impartial advice to the government is or might be undermined by the firm’s competing interests. These OCIs often arise in service contracts where the c

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: August 9-13

Happy Friday the 13th, Readers! In doing research on the origins of why Friday the 13th became an ominous day on the calendar, I found a lot of theories.  Dr. Simon Bronner, a professor of American studies and folklore at Pennsylvania State University says that Friday the 13th is just a convenient milestone for people who are looking to trace bad luck to a certain cause—but there’s nothing special about the date itself. Apparently, the number 13 is considered lucky in some countries, like Italy,

Koprince Law LLC

Koprince Law LLC

Does the SBA’s Rosy Spin on Goaling Achievement Hurt Small Businesses?

“Overpopulation crisis solved!” That’s the sort of headline I expect the SBA’s press team would write the day after a global thermonuclear war. Obviously, I’m exaggerating a wee bit to make my point, but the SBA’s press release on FY 2020 small business goaling achievement follows a pattern I’ve seen across several Presidential administrations and SBA Administrators: when it comes to reporting on the small business goals, the SBA fervently emphasizes the good news while almost entirely ig

Koprince Law LLC

Koprince Law LLC

GAO: Non-Procurement Regulations No Grounds for Protest

The grounds for GAO protests are numerous, ranging from vague terms in a solicitation to showing that an awardee’s proposal lacked needed information. However, they are not unlimited. One protester argued that the terms of a solicitation were inconsistent with regulations concerning mortgage insurance. Unfortunately for them, that isn’t something GAO will consider. NOVAD Management Consulting, LLC (“NOVAD”) was the incumbent for a contract providing loan servicing support services for th

Koprince Law LLC

Koprince Law LLC

GAO’s Alternative Dispute Resolution Conference – Too Little, Too Late

The costs of filing a bid protest can dissuade some protesters from submitting bid protests. One silver lining for protesters is a recommendation for reimbursement of costs upon a sustained decision. However, even when GAO says a protest is “clearly meritorious”, the protest may still be dismissed prior to GAO issuing a decision. What happens when an agency takes corrective action in the face of a likely sustained GAO decision? One protester recently found out. Iron Mountain Informat

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: August 2-6

Happy Friday, All. We hope you had a productive week (or if you were on vacation, hope you were able to just tune out). Here are some highlights in federal government contracting including news on the contracting dollars in the 2020 fiscal year , a bill aimed at enhancing small business participation in the federal marketplace passing in the Senate, and an announcement to nominate former HUD appointee to lead federal procurement. Enjoy your weekend! Federal Government Awards Record-Break

Koprince Law LLC

Koprince Law LLC

SBA Issues 2020 Small Business Scorecard, Small Business Contracting Over $145 Billion!

The SBA released its annual Small Business Procurement Scorecard for fiscal year 2020 of how federal agencies are doing in meeting their small business goals. The SBA, in announcing the Scorecard, highlighted that small businesses received $145.7 billion in federal contracts , a $13 billion increase from the previous fiscal year. But looking beyond the headlines, not all of the trends are positive for small businesses. Let’s take a look at the numbers. As a reminder, Congress has set go

Koprince Law LLC

Koprince Law LLC

Koprince Law is Now Koprince McCall Pottroff LLC!

It is with great pleasure that we announce that the firm you have known as Koprince Law LLC has a new name: Koprince McCall Pottroff LLC The firm, a boutique federal government contracts firm in Lawrence, KS, will continue to focus on providing services to federal contractors throughout the United States and beyond, with a special focus on those issues unique to small business federal contractors. Said Shane McCall, “It is an exciting time to be serving federal contractors. The f

Koprince Law LLC

Koprince Law LLC

CIO-SP4 Amendment 9, a Last Minute Stay

With less than 24 hours left until proposals were due, NIH released Amendment 9, staying the proposal deadline until August 20, 2021 at Noon Eastern. Amendment 9 says it changes very little, but the innocuous cover letter belies a major change to evaluations for Other Than Small and Emerging Large Businesses (OTSBs and ELBs). On July 23, 2021, NIH released Amendment 8, less than a week after Amendment 7, affirming major changes to the consideration of small business subcontractors. Now,

Koprince Law LLC

Koprince Law LLC

CBCA Cannot Waive Its Own Filing Deadlines

4 C.F.R. 21.2(b) states that, for GAO protests, GAO has the option to dismiss or not dismiss a protest that is filed late if there is good cause or it is an important issue. In other words, if there’s a good reason, GAO can accept an untimely protest. (Please note that this is not suggesting the filing deadline does not matter, GAO treats it very strictly most of the time and you should treat it as a “drop-dead” deadline). For this reason, some think this same discretion applies in other protest

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: July 26-30, 2021

Happy Friday, Readers. We have been in the midst of a heatwave here in Kansas with temperatures at 100 degrees and the humidity at 91%. Whew! We are very grateful for air conditioning during the dog days of summer. Here’s an interesting fact. The ancient Romans called the hottest, most humid days of summer “diēs caniculārēs” or “dog days.” The name came about because they associated the hottest days of summer with the star Sirius. Sirius was known as the “Dog Star” because it was the brightest s

Koprince Law LLC

Koprince Law LLC

Event: Top 21 Legal Mistakes in Federal Government Contracting

The federal government contracting rulebook is notoriously complex and confusing–but not all confusion is created equally. As attorneys serving federal contractors (many of them small businesses), my colleagues and I often see contractors making the same common legal mistakes or holding the same common legal misconceptions. On August 12, please join me and Nicole Pottroff as we cover our top 21 legal mistakes in federal government contracting–with an emphasis on small business issues–and ex

Koprince Law LLC

Koprince Law LLC

GAO: Agency Has Discretion on Type of Socioeconomic Set-Aside for Procurement

From a recent GAO decision it appears that the ends can, in fact, justify the means; at least when it comes procurement set-asides for HUBZone companies. The decision is Foxhole Technology, Inc. B-419577 (May 12, 2021). In this matter, Foxhole Technology, Inc., a service-disabled veteran-owned small business, protested the Department of Education’s decision to set aside an RFQ to supply cybersecurity services for HUBZone businesses. In its protest, Foxhole argued that the agency’s decision to se

Koprince Law LLC

Koprince Law LLC

Is the Revision to the FAR’s Limitations on Subcontracting Finally Nearing the Finish Line?

On June 30, 2016, a major new SBA regulation took effect, overhauling the limitations on subcontracting. The SBA’s new regulation, codified at 13 C.F.R. 125.6, replaced the “old” formulas for calculating compliance–like “cost of the contract incurred for personnel,” for service contracts, with new, easier-to-use formulas based on the amount paid by the government. And, in a major boon for small businesses, the SBA’s new regulation allowed small primes to count work performed by “similarly situ

Koprince Law LLC

Koprince Law LLC

Five Things You Should Know: SBA 8(a) Program Potential for Success

SBA requires that its 8(a) Business Development Program applicants demonstrate “reasonable prospects for success in competing in the private sector if admitted to the 8(a) BD program” by meeting a number of criteria. This aptly named potential for success rule is easily one of the most common reasons for 8(a) Program application denials. But even still, it seems to be one of the least understood 8(a) application requirements out there. Below, I dig into some of the most important features of th

Koprince Law LLC

Koprince Law LLC

CIO-SP4 Amendment 8 – NIH Puts Small Businesses Behind the 8-ball

CIO-SP4 Amendment 7, we barely knew you. Less than a week after Amendment 7 went live, we have another amendment to dig into. What is new in this amendment? We have major changes to Other Than Small Business (OTSB) and Emerging Large Business (ELB) certifications. For small businesses, NIH is digging in its heels on consideration of CTA members. While we are not sure how long this amendment will last, it puts small businesses behind the 8-ball. First things first, proposals are stil

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: July 19-23

Happy Friday, Readers. Can you believe we are heading into the home stretch of July already? We hope you are able to get in some R&R around this time of year. But it was also an important week in the Federal government contracting arena. Some of the big stories included more oversight from Labor, rules on increasing wages for workers, and increasing opportunities for veterans. You can read more about that and other contracting news in the articles below. Have a great weekend!

Koprince Law LLC

Koprince Law LLC

GAO: A Higher Rating for One Offeror does Not Mean A Competitor was Penalized

It seems like it should go without saying, but, just because an offeror with better evaluation ratings is preferred over one with neutral ratings does not mean the latter offeror was penalized for having neutral ratings, or that the neutral rating was a penalty. Nonetheless, in a recent bid protest a company creatively argued that it was penalized for having neutral ratings, and GAO unsurprisingly rejected it. Heartland Consulting, B-419228.4 (Comp. Gen. July 8, 2021) involved an award o

Koprince Law LLC

Koprince Law LLC

CIO-SP4 Amendment 7 – Major Changes to Small Business Teaming Arrangements

CIO-SP4 proposals are now due August 3, 2021. Currently, seven bid protests have been filed with GAO. These amendments are now coming fast and furious. Amendment 6 went live on July 9, 2021, and 10 days later we have another new amendment. Below are some of the key changes in Amendment 7. Overall, it seems like CIO-SP4 amendment 7 shoots first, and then attempts to aim. Here are some of the areas where it appears to miss the mark. Section L.3.7.3. Section L.3.7.3, which is under the

Koprince Law LLC

Koprince Law LLC

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