Jump to content
The Wifcon Forums and Blogs

Sign in to follow this  
  • entries
    335
  • comments
    17
  • views
    7,192

Entries in this blog

Koprince Law LLC

I am back from a great trip to Sooner Country (Norman, Oklahoma), where it was an honor to be part of the annual Indian Country Business Summit.  I gave two talks at ICBS: one on recent developments in government contracting, and another on crafting effective and compliant teaming agreements and subcontracts.

It was great to see so many familiar faces, including my longtime friend Guy Timberlake, who gave a fantastic presentation on competitive market intelligence.  A big thank you to the Tribal Government Institute and Oklahoma Bid Assistance Network for sponsoring this wonderful event, and Victoria Armstrong and everyone who worked with her to organize it.  And, of course, thank you to all of the clients, old friends, and new faces I met and spoke with at the conference.

I’ve been a road warrior recently, but will be sticking around town for the next few weeks.  Next up on my travel schedule: a half-day, in-depth session on teaming agreements, joint venturing, and mentor-protege programs, sponsored by the Nebraska PTAC.  Hope to see you in Omaha on September 22!


View the full article

Koprince Law LLC

I am back in Lawrence after a great trip to Huntsville, Alabama, where I spoke at the Redstone Edge Conference.  My presentation focused on the recent major developments in small business contracting, including the changes to the limitations on subcontracting and the new universal mentor-protege program.

Many thanks to Courtney Edmonson, Scott Butler, Michael Steen, and the rest of the team at Redstone Government Consulting for putting together this impressive event and inviting me to participate.  A big “thank you” as well to everyone who attended the presentation, asked great questions, and followed up after the event.

Next on my travel agenda, I’ll be in Wichita this Friday for a comprehensive half-day session on joint venturing and teaming for federal government contracts, sponsored by the Kansas PTAC.  Hope to see you there!


View the full article

Koprince Law LLC

I recently had the pleasure to discuss important government contracting legal updates and their effects on small businesses, at the 11th Annual Veterans Business Conference at Fort Bliss (in El Paso). The Contract Opportunities Center did a fantastic job organizing the conference, which brought together small businesses and government agencies for a wide-ranging discussion on government contracting. My presentation discussed many of the topics we’ve been following at SmallGovCon, including the SBA’s new small business mentor-protégé program, changes to the limitation on subcontracting, and, of course, the Supreme Court’s Kingdomware decision.

I also enjoyed meeting many of the small business owners and government representatives who attended the event. If you attended the conference, it would be great to hear from you.

Thanks to the COC for a great event—I hope to see you again next year!


View the full article

Koprince Law LLC

I am on my way home from San Diego, where I spent yesterday at the APTAC Spring Conference.  My presentation focused on recent major legal updates in government contracting, including key provisions of the 2017 National Defense Authorization Act, implementation of the All Small Mentor-Protege Program, and more.

APTAC is a wonderful organization and it is always such an honor to speak at an APTAC national conference.  Thank you to Becky Peterson, Teri Bennett, Tiffany Scroggs, and all of the APTAC leadership for inviting me to be part of this spring’s event.  And thank you to all the PTAC counselors who asked great questions and had kind words about the presentation (and a few lighthearted jests about KU’s tournament woes, too).

I say it all the time, but it’s worth saying again: if you are a small business in government contracting, you owe it to yourself to see what your local PTAC can do for you.  Visit the ATPAC website to get started.


View the full article

Koprince Law LLC

I am back in Lawrence after two fantastic trips to the West Coast, in very rapid succession.

Last Thursday, I was in Puyallup, Washington for the annual Alliance Northwest conference.  As always, the conference was one of the best events of its type nationwide.  Thank you to Tiffany Scroggs and her colleagues at the Washington PTAC for sponsoring this great event and inviting me to participate.  If you missed Alliance Northwest (and my presentation on the SBA’s All Small Mentor-Protege Program), the presentations are all posted on the conference website.  Check it out, and circle your calendar for next year’s Alliance NW.

Yesterday, I was in Las Vegas for the National Reservation Economic Summit conference.  It was my first time at National RES, and I was very impressed with this outstanding event.  If it weren’t for a very lengthy to-do list back here at the office, I’d happily be enjoying the remaining days of the conference.  A big “thank you” to the National Center for American Indian Enterprise Development for sponsoring National RES and inviting me to speak.

After logging quite a few frequent flyer miles, I’m happy to be closer to home for the next several weeks.  But just because I’ll be in Kansas doesn’t mean that I won’t be engaging in one of my favorite pastimes: speaking at length about government contracting legal issues.  Join me on Thursday for “Obtaining and Maintaining the SBA’s HUBZone Certification,” an online seminar sponsored by my good friends at GOVOLOGY.


View the full article

Koprince Law LLC

I am back in Kansas, where it is a balmy 39 degrees, after a great trip to Orlando for the National 8(a) Association Small Business Conference.

The weather in Florida was “for real” balmy, as my kids might say–but as tempting as the sunny outdoors was, the convention hall was packed with representatives from 8(a) companies, large primes, government agencies, and others.  You know a conference has great content–and great networking–when attendees voluntarily choose the lecture hall over a nearby sun-drenched pool.

At the Small Business Conference, I was part of a panel focusing on joint venturing and teaming issues.  Thank you to my fellow panelists, Shawn Ralston of AECOM and Jesse Binnall of Harvey & Binnall PLLC, for offering some great information and perspectives.  Thank you, also, to Ron Perry and the National 8(a) Association leadership for putting together this incredible event and inviting me to participate.  And thank you most of all to all those who attended the panel or stopped by the Koprince Law LLC booth.  It was wonderful to see so many familiar faces and make so many new connections.

Next on my travel calendar: the Alliance Northwest conference on March 9, where I’ll be speaking in-depth about the legal aspects of the SBA’s new All Small Mentor-Protege Program.  If you’re in the Pacific Northwest (or just love a fantastic government contracts conference), I hope to see you there!


View the full article

Koprince Law LLC

Sometimes you may find yourself running late. It happens to the best of us for a multitude of reasons. But what happens to federal contractors when they are running late in performing under a contract and there is “no reasonable likelihood” of timely performance?

Unfortunately for contractors in this position, as illustrated by a recent Civilian Board of Contract Appeals (CBCA) decision, the result may be a default termination.

In Affiliated Western, Inc. v. Department of Veterans Affairs, CBCA No. 4078 (2017), the VA awarded AWI a contract to renovate the surgical unit at a VA Medical Center in Iron Mountain, Michigan. Following mounting issues in contractual performance, the Contracting Officer issued a default termination.

The contractual issues giving rise to the default termination began early on in contract performance. Specifically, the Solicitation “warned potential bidders, that the schedule for the project ‘is very aggressive’ and involves ‘a very important department to the facility.’” AWI, as the awardee, was to provide renovations in five phases within a 400-day deadline. Contract performance started off strained due to architecture and engineering errors and omissions in the contract specifications for which the VA required AWI to perform several changes. All the while the VA and AWI continued debate over schedule submissions, which the VA found inadequate and refused to approve.

The relationship between the parties became further strained. Six months into contract performance, the VA issued its first cure notice. After, AWI failed to complete phase 1 on time, and the VA denied AWI’s requests for contract modification for compensation and time extensions.

Performance issues came to a head when AWI’s subcontractor, one of only two contractors in the remote area of contract performance that held the medical gas certification necessary to perform the project, reported AWI’s failure to make prompt payment despite AWI receiving payment from the VA. Afterwards, the subcontractor walked off the job. Then, less than a year into contract performance, the contracting officer issued a show cause notice citing AWI’s failure to complete phases 1 and 2 within the time required by the modified contract and ultimately issued a default termination in accordance with FAR 52.249-10, Default (Fixed-Price Construction).

AWI appealed the VA’s default termination to the CBCA and sought conversion to a termination for convenience. The CBCA sustained the VA’s default termination finding and denied AWI’s appeal.

In making its decision, the CBCA noted that default termination is “a drastic sanction which should be imposed (or sustained) only for good grounds and on solid evidence.” When a default is based on the contractor’s failure to prosecute the work, the contracting officer must have a reasonable belief that there was “no reasonable likelihood” that the contractor could perform the entire contract effort within the time remaining for contract performance. A termination for failure to make progress “usually occurs where the contractor has fallen so far behind schedule that timely completion becomes unlikely.”

In this case, since the VA established reasonable grounds to believe that AWI may not be able to perform the contract on a timely basis in issuing a cure notice as a precursor to possible default termination, and since AWI had failed to respond to the cure notice with adequate assurances, the VA had met its initial burden of proving that there were good grounds and solid evidence to support the termination.

The burden then shifted to AWI to prove that “there were excusable delays under the terms of the default provision of the contract that render[ed] the termination inappropriate, or that it was making sufficient progress on the contract such that timely contract completion was not endangered.” To recover under this theory of excusable delay, AWI also needed to show: “(1) the delay is of an ‘unreasonable length of time,’ (2) the delay was proximately caused by the Government’s actions, and (3) the delay resulted in some injury to the contractor.”

Applying a critical path schedule analysis to these requirements, the CBCA rejected AWI’s argument that extension of time for part of the project should automatically extend the total performance date. Thus, AWI could not rely on the VA contract modifications to excuse its delay where AWI could not prove it affected AWI’s critical path schedule. Accordingly, the CBCA found that “AWI failed to provide any evidence that it had fulfilled the contract requirement to provide the contracting officer with a schedule identifying the critical path and demonstrating how the schedule would be impacted by the VA’s alleged actions.” The CBCA concluded the VA to have properly terminated AWI for default, and denied AWI’s appeal.

Undoubtedly, federal contractors seek to perform contracts on time and within budget. However, the facts present in AWI demonstrate that when there is “no reasonable likelihood” that the contractor could perform the entire contract effort within the time remaining for contract performance, the end result may be a default termination.


View the full article

Koprince Law LLC

Contrary to common misconception, a contractor’s small business status under a receipts-based size standard ordinarily is based on the contractor’s last three completed fiscal years–not the last three completed fiscal years for which the contractor has filed a tax return.

In a recent size appeal decision, the SBA Office of Hearings and Appeals confirmed that a contractor cannot change the relevant three-year period by delaying filing a tax return for the most recently completed fiscal year.

OHA’s decision in Teracore, Inc., SBA No. SIZ-5830 (2017) involved the major DHS PACTS II solicitation for IT support services.  The solicitation was set aside for SDVOSBs and contemplated the award of numerous IDIQ contracts.  Functional Category 1, which pertained to program management and technical services, was assigned NAICS code 541611 (Administrative Management and General Management Consulting Services), with a corresponding $14 million size standard.

On July 11, 2014, Teracore, Inc. submitted a proposal, self-certifying as an SDVOSB.  At that time, Teracore’s 2013 fiscal year had ended, but Teracore had not yet filed its 2013 tax return.

In February 2017–about two-and-a-half years after Teracore submitted its proposal–the DHS announced that Teracore would be awarded a contract under Functional Category 1. Two competitors subsequently filed protests challenging Teracore’s size under the $14 million size standard.

The SBA Area Office asked Teracore to produce its 2013 tax return, even though that tax return had not yet been filed on July 11, 2014.  The SBA Area Office then calculated Teracore’s size using Teracore’s 2011, 2012, and 2013 tax returns.  The SBA Area Office determined that Teracore exceeded the $14 million size standard, and was ineligible for award.

Teracore filed a size appeal with OHA.  Teracore argued that the 2013 tax return was not available until October 2014, several months after Teracore self-certified as small for the PACTS II solicitation.  Teracore argued that the SBA Area Office should have calculated Teracore’s receipts using the company’s 2010, 2011, and 2012 tax returns.

Under the SBA’s regulations at 13 C.F.R. 121.104(b)(1), “[a]nnual receipts of a concern that has been in business for three or more completed fiscal years means the total receipts of the concern over its most recently completed three fiscal years divided by three.”  Further, 13 C.F.R. 121.104(a)(2) specifies that where a company has not yet filed a tax return for a particular year, “SBA will calculate the concern’s annual receipts for that year using any other available information,” such as books of account, financial statements, or even “information contained in an affidavit by a person with knowledge of the facts.”

In this case, OHA wrote that because Teracore self-certified as small in July 2014, “the proper period of measurement for computing [Teracore’s] receipts is from 2011 to 2013–‘the most recently completed three fiscal years’ immediately preceding self-certification.”  Although Teracore’s 2013 tax return had not yet been filed when Teracore submitted its proposal, “the unavailability of a tax return does not alter the period of measurement, but instead requires the consideration of ‘other available information.'”

Of course, by the time the SBA evaluated Teracore’s size in 2017, Teracore had filed its 2013 tax return.  OHA held that it was appropriate for the SBA Area Office to consider the tax return, even though it had been filed after the July 2014 self-certification.  “At a minimum,” OHA wrote, “the Area Office could properly consider a tax return filed after the date of self-certification to be ‘other available information’ which can be used to calculate size.”

OHA denied Teracore’s size appeal, and affirmed the SBA Area Office’s size determination.

In my experience, contractors who are approaching a size standard ceiling often think–like Teracore–that they can affect the relevant three-year period by delaying filing a tax return.  Nope.  As the Teracore size appeal demonstrates, the SBA doesn’t decide which three-year period to use based on whether tax returns have been filed, but rather based on whether the fiscal year has been completed.


View the full article

Koprince Law LLC

In a big victory for proponents of the 8(a) program, the Supreme Court of the United States has denied the Petition for Certiorari filed by Rothe Development, Inc.

Consequently, the decision of the Court of Appeals for the D.C. Circuit finding the statutes establishing 8(a) program to be constitutional will be allowed to stand.

For those of you who are new to the Rothe Development case, it is a long-running constitutional challenge to the SBA’s 8(a) Business Development program. Rothe argued that the statutes implementing the 8(a) program establish a racial classification in violation of the equal protect rights afforded by the Due Process clause of the Fifth Amendment. Rothe contended the statute should be struck down as unconstitutional, which would mean the end of the 8(a) program–or at least the 8(a) program as we know it.

Rothe Development has been making its way through the federal court system since 2015. In an earlier decision, the District Court for the District of Columbia upheld the 8(a) program despite subjecting the statutes to the Supreme Court’s most intense level of legal scrutiny.

Rothe subsequently appealed the decision of the Court of Appeals for the D.C. Circuit. As we covered, the D.C. Circuit concluded that a less demanding level of scrutiny applied, which the 8(a) statutes comfortably passed. Accordingly, the 8(a) statutes were allowed to stand.

After its loss at the D.C. Circuit, Rothe development filed a petition for Certiorari, which we also covered. A Petition for Certiorari is the formal process by which a party not entitled to an appeal as a matter of right may nevertheless request the Supreme Court decide its case. The Supreme Court, however, grants a very limited number of petitions each year.

Rothe Development’s Petition for Certiorari was not granted by the Supreme Court. As a result, the decision reached by the D.C. Circuit finding the 8(a) program to be constitutional will stand.

While Rothe Development ends with the 8(a) program’s survival, the decisions do leave the program open to further legal challenge. Most notably, the difference in legal scrutiny applied between the District Court and the Court of Appeals indicates that there may be more than one reasonable interpretation of the 8(a) programs statutes, which could result in further litigation down the road. Additionally, Rothe (apparently for strategic reasons), challenged only the underlying statutes–not the SBA’s regulations implementing them. A separate constitutional challenge to the regulations remains a possibility.

For now, however, the 8(a) program stands unscathed–and 8(a) supporters can breathe a big sigh of relief.


View the full article

Koprince Law LLC

NAICS code appeals, while little known, can be an extraordinarily powerful tool when it comes to affecting the competitive landscape of government acquisitions.

Case in point: in a recent NAICS code appeal decision issued by the SBA Office of Hearings and Appeals, the appellant prevailed–and obtained an order requiring the contracting officer to change the solicitation’s size standard from 500 employees to $15 million.

OHA’s decision in NAICS Appeal of Hendall Inc., SBA No. NAICS-5762 (2016) involved an HHS solicitation for support for its public engineering platform.  HHS issued the solicitation as a small business set-aside under NAICS code 511199 (All Other Publishers), with a corresponding 500 employee size standard.

Here’s where many small businesses would throw in the towel: “500 employees?  I can’t compete with that.  I’m moving on to the next solicitation.”

But Hendall Inc. understood that a prospective small business offeror has the right to file a NAICS code appeal directly with OHA.  So Hendall filed a NAICS code appeal, arguing that the HHS had assigned an incorrect NAICS code.  Hendall made the case that the appropriate NAICS code was 561422 (Telemarketing Bureaus and Other Contact Centers), with a corresponding $15 million size standard.

The incumbent contractor–which presumably was small under the 500-employee size standard, but not under the $15 million size standard–intervened in the case.  The incumbent argued that HHS’s original NAICS code designation was correct.

OHA evaluates NAICS code appeals primarily by comparing the solicitation’s statement of work to the NAICS code definitions in the Census Bureau’s NAICS Manual.  In this case, OHA noted that the NAICS Manual defines NAICS code 511199 as establishments “generally known as publishers,” who “may publish works in print or electronic form.”  NAICS code 561422, in contrast, comprises “establishments engaged in operating call centers that initiate or receive communications for others via telephone, facsimile, email, or other communication modes . . ..”

After examining the statement of work, OHA wrote that “the Contractor will not be writing, editing, or in any other way producing publications for [HHS].”  Because “the Contractor will not be engaged in activities which constitute publishing . . . the CO’s designation of a publishing NAICS code for this procurement is clear error.”

Having found the original NAICS code to be erroneous, OHA then turned to the question of what NAICS code was appropriate.  This second part of the analysis is as important as the first; OHA is under no obligation to accept the appellant’s proffered NAICS code even when OHA agrees that the original NAICS code was incorrect.  In many cases, OHA has assigned a third code–one that neither the appellant nor the agency wanted.

In this case, however, OHA wrote that “the operating of the Contact Center appears to be the major part of this procurement.”  The Contact Center, in turn, “responds to inquiries by telephone, email, fax and postal mail.”  Thus, while Hendall’s suggested NAICS code might not be the “perfect fit,” OHA concluded that NAICS code 561422 “best describes the principal purpose of the instant acquisition . . ..”

OHA granted Hendall’s NAICS code appeal.  OHA issued an order requiring HHS to “amend the solicitation to change the NAICS code designation from 511199 to 561422.”  And just like that, the solicitation’s size standard changed from 500 employees to $15 million.

The Hendall NAICS code appeal, on its surface, is a fact-specific case about a particular HHS solicitation.  But beyond that, the Hendall case is an example of the potential power of a NAICS code appeal.  By successfully appealing the solicitation’s NAICS code, Hendall dramatically affected the competitive pool for the solicitation–including, potentially, excluding the incumbent as an eligible offeror.


View the full article

Koprince Law LLC

President Obama signed the 2017 National Defense Authorization Act into law on December 23, 2016.  As is often the case, the NDAA included many changes affecting government contractors.

Here at SmallGovCon, my colleagues and I have been following the 2017 NDAA closely.  Here’s a roundup of all 16 posts we’ve written about the government contracting provisions of the 2017 NDAA.

That’s a wrap of our coverage for now, but we’ll keep you posted as various provisions of the 2017 NDAA begin to be implemented.  And of course, it won’t be long until we start covering the upcoming 2018 NDAA.

Happy New Year!


View the full article

Koprince Law LLC

When I started writing SmallGovCon back in 2012, I worried that there might not be enough happening in government contracts law to support a robust blog.  Needless to say, I’m not worried anymore.

We’re rapidly approaching SmallGovCon‘s 1000th post (this one is No. 990).  To celebrate, we’re offering one lucky reader the chance to win a free webinar on the government contracting legal topic of your choice.  For details (and to enter) just click here.

What do you like about SmallGovCon?  We want to hear from you!  Contact us and let us know, and check back here regularly in the coming weeks for much more on the SmallGovCon 1000th post celebration.


View the full article

Koprince Law LLC

I am pleased to announce that SmallGovCon is now being republished on what I think is the nation’s best and most venerable government contracting legal website: WIFCON.com.  You can find us on WIFCON.com’s blogs page from now on (and, of course, right here at SmallGovCon.com).

I was probably less than a month into my first government contracts job (summer associate at a law firm based in Tysons Corner) when a more senior attorney recommended that I check out WIFCON.com. I’ve been following it religiously ever since.

Packed with information about statutes, regulations, bid protests, audits, enforcement actions, and more, WIFCON.com is a government contracting lawyer’s dream come true.  And best of all, it’s updated almost daily, so the information is always up-to-date.

It’s an honor to be able to contribute to such an incredible resource.  If you’re not familiar with WIFCON.com, I encourage you to check it out.  And of course, keep checking back here at SmallGovCon for more legal news and notes for small government contractors.


View the full article

Koprince Law LLC

I am pleased to announce that Shane McCall has joined our team of government contracts attorney-authors here at SmallGovCon.  Shane is an associate attorney with Koprince Law LLC, where his practice focuses on federal government contracts law.

Before joining our team,  Shane was an attorney with Lentz Clark Deines PA, where he advised individuals and small businesses alike on complex legal matters.  Check out Shane’s full biography to learn more about our newest author, and don’t miss his first SmallGovCon post on how “fair and reasonable pricing” is evaluated under solicitations requiring line-item prices.


View the full article

Koprince Law LLC

I am very pleased to announce that Jennifer Tucker has joined our team of authors here at SmallGovCon.  Jennifer is an associate attorney at Koprince Law LLC, where her practice focuses on federal government contracts law.  Before joining Koprince Law LLC, Jennifer practiced contracts law with the Kansas Department of Transportation and the University of Kansas.  Jennifer also had the fortune (or is that misfortune?) of being classmates with a certain other government contracts attorney in the 2015 Leadership Lawrence program.

You can check out Jennifer’s biography on the Koprince Law LLC website, and her first SmallGovCon post (about the GAO’s very strict rules for electronic proposals) right here.  Be sure to check back regularly for more legal news and notes from Jennifer and our other great SmallGovCon authors.


View the full article

Koprince Law LLC

If you’ve been reading SmallGovCon regularly (and I certainly hope that you have!), the name Ian Patterson may ring a bell.  Ian has been a law clerk at Koprince Law LLC since May 2015, and has been credited as the primary author of many SmallGovCon blog posts during that time, including an important recent post on the Rothe Development 8(a) case.

I am pleased to announce that Ian has been admitted to the Bar and is now an Associate Attorney at Koprince Law.  Please feel free to browse Ian’s biography for more information about the latest addition to our growing team, and check back here soon for more of Ian’s writings on government contracts law.


View the full article

Koprince Law LLC

I am very pleased to announce that Candace Shields is joining our team of government contracts bloggers here at SmallGovCon.

Candace comes to us from the Social Security Administration, where she was an Attorney Advisor for several years.  As an associate attorney at Koprince Law LLC, Candace’s practice focuses on federal government contracts law.

Please check out Candace’s online biography and great first blog post, and be sure to visit SmallGovCon regularly for the latest legal news and notes for small government contractors.


View the full article

Koprince Law LLC

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.

  • DBE fraud: an Illinois contractor pleaded guilty to conspiring to commit wire fraud after allegedly acting as a disadvantaged business for another company, resulting in fines over $200,000. [Construction Dive]
  • President Obama’s “Fair Pay and Safe Workplaces” rule for federal contractors appears to be headed for the chopping block once President-elect Trump takes office. [Government Executive]
  • A proposed rule by the FAR Council would amend the FAR to implement a section of the NDAA that will clarify that agency personnel are permitted and encouraged to engage in responsible constructive exchanges with industry. [Federal Register]
  • The GSA’s SAM database is under fire for the accuracy of its data and Members of Congress are questioning how GSA ensures tax delinquent vendors do not win federal contracts or grants. [Committee on Oversight and Government Reform]
  • The owner of a sham “veteran-owned” company has been ordered to forfeit $6.7 million for his part in recruiting veterans as figurehead owners of  a construction company in order to receive specialized government contracts. [The United States Attorney’s Office District of Massachusetts]
  • Court documents show that a former employee with the U.S. Department of State was guilty of steering sole-sourcing contracts worth $2 million to a company in which his son was a 50 percent interest. [KTVH]
  • The election of Donald Trump had a surprise impact on the November House-Senate conference meetings on the fiscal 2017 National Defense Authorization Act. [Government Executive]
  • Bloomberg Government data shows that federal information technology spending on government-wide acquisition contracts, or GWACs, topped $10 billion for the first time in fiscal 2016. [Bloomberg Government]

View the full article

Koprince Law LLC

Happy New Year and welcome back to the SmallGovCon Week In Review. I hope that everyone had an enjoyable holiday season and is jumping full force into 2017. We bring you a double edition today, as we took a little time off from delivering you our weekly publication last week.

It may have been the holiday season, but it was still a busy two weeks of developments in the world of federal government contracting. In this week’s edition, the President has signed the 2017 National Defense Authorization Act (click here for SmallGovCon‘s complete 2017 NDAA coverage), alleged procurement fraud results in a whopping $4.5 million settlement, President-elect Trump’s administration may prioritize Buy American policies, Guy Timberlake takes a look at how FY 2016 contracting dollars were obligated, and much more.

  • Guy Timberlake takes a look at how fiscal year 2016 obligated dollars got to small business concerns based on solicitation type and the award instruments used to help small businesses minimize lost dollars and lost time. [GovConChannel]
  • Frustrations with security clearance waiting times are growing, but the latest report from Performance.gov shows the administration spent the year putting several key building blocks in place to implement future security clearance reforms and insider threat programs. [Federal News Radio]
  • A Florida-based company will shell out $4.5 million to settle allegations that it submitted inflated invoices to the government for work performed at the Joint Base Andrews. [United States Department of Justice]
  • President-elect Trump said that his administration will follow two simple rules: Buy American and Hire American–will the Buy American Act be more strictly applied? [MarketWatch]
  • President Obama signed the 2017 NDAA–loaded with government contracting provisions—into law. [Military Times]
  • Small business contractors breathed a sigh of relief after the final version of the 2017 NDAA omitted a proposed provision that would have gutted the DoD’s small business goaling program. [Forbes]
  • Several dozen companies earned $1 billion or more from federal contracts in Fiscal Year 2015, and 34 of those are publicly traded companies. CNBC has compiled a list of the top earners. [CNBC]
  • How well do you understand how agencies classify the goods and services you want them to buy from you? Guy Timberlake encourages contractors to look beyond NAICS codes. [GovConChannel]
  • U.S. Cyber Command will soon be hiring an acquisition expert to handle the $75 million Congress afforded the command in last year’s defense authorization act. [Federal News Radio]
  • A recent report to Congress ties lower contract costs, reduced costs overruns and arrested cost growth on major programs with the DoD’s “should cost” initiative. [Federal News Radio]
  • The 2017 NDAA reorganizes the Department of Defense acquisition but splitting up the AT&L office isn’t the only organizational change spelled out in the 2017 NDAA. [Washington Technology]
  • Too big to debar? The Department of Labor is trying to bar Google from doing business with the federal government unless Google turns over confidential information about thousands of employees. [CBS News]
  • A December 29th audit substantiated allegations that Bonneville Power’s administration of 1,921 active service contracts “created prohibited personal services contracts by establishing improper employer/employee relationships with supplemental labor workers.” [Government Executive]

View the full article

Koprince Law LLC

Happy Friday! Here at Koprince Law, we’ve been busy posing for pictures for our new firm website (coming soon) and enjoying our annual trip to the Taste of Lawrence event last night, where we were able to enjoy food from local restaurants, hear live music and interact with the community.

Even with all that fun we have managed to bring you this edition (albeit a little later in the day) of SmallGovCon Week In Review. In this week’s edition, we bring you the latest on the ENCORE III bid protest, a look at the how a continuing resolution will affect contractors, underfunding of efforts to investigate whistleblower claims, and more.

  • A $5 billion, ten-year agreement with a subsidiary of Lockheed Martin was rescinded due to concerns over the sale of the subsidiary to Leidos. [Defense News]
  • The Government Accountability Office detailed its rationale in the ENCORE III bid protest, saying that the reason for the “sustain” decision wasn’t that the Defense Information Systems Agency wanted to award spots on the ten-year contract on a lowest-price technically acceptable basis. [Federal News Radio]
  • Federal contracting companies have come to terms with the fact that the new fiscal year will begin next month with a congressional stopgap budget measure. [Washington Business Journal]
  • A memorandum entitled Commercial Items and the Determination of Reasonableness of Price for Commercial items has been rescinded and new guidelines have been issued in its place. [Office of the Under Secretary of Defense]
  • The Pentagon’s acting inspector general told Congress this week a chronic underfunding of his office played a major role in the extensive delays surrounding its investigations into whistleblower reprisal claims. [Federal News Radio]
  • The GSA has issued a proposed regulation to incorporate Other Direct Costs into the Multiple Award Schedule program. [GSA]
  • Intelligence agencies are increasingly turning to contractors for talented information specialists and scientists as the in-house talent pool wanes. [Federal News Radio]

View the full article

Koprince Law LLC

Football season is back, and the Chiefs certainly gave those in our neck of the woods something to cheer for last night. I wish I could say I felt sorry for our SmallGovCon Patriots fans, but those five Super Bowl Rings ought to take the sting out of an opening-week loss.

I’ll be watching my share of football on Sunday, but before the weekend starts, it’s time for the SmallGovCon Week In Review.  In this edition, two Arkansas men are headed to trial on procurement fraud charges, GSA awarded a $700 billion contract, a company vying for a piece of the border wall contract was previously investigated for alleged mentor-protege improprieties, and much more.

  • Despite what many said was an unfriendly environment for federal contractors, fiscal 2016 was a pretty darn good year for vendors. [Federal News Radio]
  • A Pennsylvania husband and wife have been charged with making bribes in an attempt to expedite their DOT DBE application. [Department of Justice]
  • Two Arkansas men are headed to trial to face accusations of defrauding the federal government out of millions of dollars worth of contracts. [Arkansas Online]
  • One of the four companies picked to provide border wall prototypes has paid more than $3 million to settle a Justice Department criminal investigation into whether it defrauded the U.S. government through the mentor-protege program aimed at helping disadvantaged small business contractors. [Politico]
  • Two American banks have been announced as winners of a $700 billion federal charge card program contract through the GSA. [Government Executive]
  • The pick to lead the General Services Administration is popular but she is going to face some tough questions from Congress before she moves on to the challenges of running a large and complex agency. [FCW]
  • Guy Timberlake suggests that “NAICS Code Amnesia” could be a good thing for federal contractors. [LinkedIn]

View the full article

Koprince Law LLC

Fall is officially here, and that means that the leaves are turning color, it’s apple-picking season, and football is a big part of my typical weekend (both on TV, and chasing around my three-year-old son as he scores touchdown after touchdown in our living room).

But for those of us involved in federal government contracts, it’s hard to think of the fall without also thinking of the end of the government’s fiscal year, and all that it entails.  In this, the final SmallGovCon Week in Review of the 2016 Fiscal Year, we have stories on a large software vendor pulling out of the GSA schedule, Guy Timberlake’s unvarnished–and very important–commentary on a terrible change being proposed to small business goaling, and more.

  • One of the largest software vendors in the world is telling the General Services Administration, thanks, but we can live without you. [Federal News Radio]
  • An Army procurement initiative is pursuing a strategy of “ruthless prioritization.” [Federal News Radio]
  • The General Services Administration gave the go-ahead to 109 vendors who won spots on the Human Capital and Training Solutions unrestricted and small business contracts to begin promoting and selling against the governmentwide acquisition contract. [Federal News Radio]
  • The SBA seeks comments on a proposed amendment to its regulations governing the small business timber set-aside program so that appraisals on small business set-aside sales be made to the nearest small business mill. [Federal Register]
  • Guy Timberlake takes a look at rule changes that are being implemented that he feels will kill small business participation in federal contracting. [GovConChannel]
  • A commentator offers a warning about “one size fits all” procurement solutions. [Washington Technology]
  • Six industry associations are asking the government to delay the implementation of new rules around safe workplaces and fair pay for at least a year. [Federal News Radio]

View the full article

Koprince Law LLC

It’s a sad day here at Koprince Law. Molly Schemm, who has been my fantastic legal executive assistant since before the firm’s doors even opened, is leaving to pursue new adventures in Alabama.  All of us here at the firm will miss Molly dearly–and we won’t be the only ones.  Molly’s warmth and professionalism have earned her many friends among our clients, too.  We wish Molly the very best.

Before the weekend begins (and Molly begins her drive South), it’s time for your weekly dose of SmallGovCon Week In Review.  In this edition, a provision commonly known as the “Amazon” amendment is garnering renewed attention, an Alabama contractor is sentenced for defrauding the government, SAM is getting a makeover, and much more.

  • A recent DoD memo provides guidance regarding the implementation of DFARS Clause 252.204-7012, which governs safeguarding covered defense information and cyber incident reporting. [Office of Under Secretary of Defense]
  • Some in the House of Representatives want to make federal procurement less complex and more competitive.  But is the so-called “Amazon Amendment” the way forward? [Federal News Radio]
  • A contractor was ordered to repay the full amount of contracts awarded after he was found guilty on criminal charges of falsely obtaining Small Business Innovation Research contracts with the DoD and NASA. [United States Department of Justice]
  • The GAO released a length report regarding agencies’ compliance with OSDBU requirements. [GAO]
  • The GSA is working on a new look for SAM. You can now check out the beta version of the website and provide your feedback on what will eventually become the permanent site. [fedscoop]
  • Recent studies show that the percentage of overall research and development spending sponsored by the government has dropped sharply over the last 50 years. [National Defense]
  • Check out the four changes in the 2018 NDAA that contractors need to know about. [Federal News Radio]
  • With a great deal of uncertainty about the 2018 federal budget, Edge 360 takes a look at what October will hold for federal IT contractors. [Edge 360]

View the full article

Koprince Law LLC

I am wrapping up a great trip to Huntsville, Alabama, where I gave a presentation yesterday the Redstone Edge conference. As I make my way back home, it’s time for our weekly roundup of government contracting news and notes.

In this week’s SmallGovCon Week In Review, fourth quarter spending is actually down this year, Congress takes aim at the “Fair Pay and Safe Workplaces” executive order, and much more.

  • The federal equivalent of Black Friday isn’t what it used to be: a new analysis of federal contracting data shows that Q4 spending is declining after years of elevated levels, with more agencies spending earlier in the year. [Government Executive]
  • Supporters of President Obama’s “Fair Pay and Safe Workplaces” order are now fighting a tough new obstacle–a Congressional proposal to severely curtail the order’s scope. [Forbes]
  • The Defense Department spending on research and development has suffered historic declines during the budget drawdown that has been in progress since 2009. [Federal News Radio]
  • The General Services Administration is trying to ease industry concerns about its new transactional data requirement. [Federal News Radio]
  • A VA Inspector General audit has discovered flaws in the way the VA awarded its major PC3 contracts. [VA OIG]

View the full article

Koprince Law LLC

Greetings from Omaha, where I’ve just wrapped up a great half-day training session sponsored by the Nebraska PTAC.  If you haven’t been to Omaha, you’re missing out: I’m enjoying exploring the Old Market District, and keep wondering when I’ll run into Warren Buffett.

Of course, I’m not about to let a little road trip get in the way of our weekly roundup of government contracts news. In this edition of the SmallGovCon Week In Review, we have an update on an SDVOSB fraud case that we have been following for awhile, a push to close loopholes in the Buy American Act, some promising changes for the SBA Surety Bond Guarantee program, and more.

  • After jurors became deadlocked, a retrial was scheduled in the case of an Arkansas businessman accused of falsely claiming to operate a SDVOSB. [Arkansas Online]
  • Senator Chris Murphy is pushing hard to change federal rules regarding the government buying products from American companies, trying to close loopholes in the Buy American Act.  [New Haven Register]
  • FEMA is seeking contractors to provide meals in the wake of Hurricane Maria, and will begin awarding contracts as soon as possible. [Markets Insider]
  • Congressman Will Hurd is one step closer to making his dream of overhauling federal government information technology procurement a reality. [San Antonio Business Journal]
  • The SBA is considering granting a request for a class waiver of the Nonmanufacturer Rule for Positive Airway Pressure Devices and Supplies Manufacturing. [Federal Register]
  • The SBA has finalized two important changes to its Surety Bond Guarantee Program that will increase contract opportunities for small construction contractors. [SBA]

View the full article

Sign in to follow this  
×