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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

GAO Says “No” to Air Force Buying Employees Sporks

The U.S. Air Force cannot buy sporks, at least not in many situations. One would think that the recently passed $700 billion defense bill would provide a little wiggle room for the military to buy paper plates and utensils for its civilian contractors, but, according to the GAO, that is not necessarily the case. In Air Force Reserve Command-Disposable Plates and Utensils, B-329316, 2017 WL 5809101 (Comp. Gen. Nov. 29, 2017), GAO determined that disposable plates and utensils are, like food,

Koprince Law LLC

Koprince Law LLC

HUBZone Program: SBA Final Rule Brings Significant Changes

The HUBZone program will see significant changes to its rules as a result of major SBA changes set to take effect in late August. These changes apply generally to two aspects of the HUBZone program: that relating to the SBA’s processing of HUBZone applications, and a significant expansion of the HUBZone joint venture requirements. Here at SmallGovCon, we have been writing about the many changes brought about by the SBA’s recently published final rule about Small Business Mentor-Protégé Progr

Koprince Law LLC

Koprince Law LLC

No Size Appeal If Outside Competitive Range, Says SBA OHA

An unsuccessful offeror lacked the ability to file a valid SBA size appeal involving the size status of a competitor, because the unsuccessful offeror was eliminated from the competitive range–and its elimination had been upheld in a GAO bid protest decision. In a recent size appeal decision, the SBA Office of Hearings and Appeals confirmed that an offeror that cannot possibly be awarded the contract ordinarily lacks standing to file a size appeal. OHA’s decision in Size Appeal of Straughan

Koprince Law LLC

Koprince Law LLC

Agency’s Discretion Over Solicitation’s Technical Specifications Isn’t Unlimited

A major tenet in government contracting is that agencies enjoy broad discretion in identifying their needs and developing the most appropriate solicitation to satisfy them. Though broad, this discretion is not unlimited. If challenged, an agency must demonstrate that its specifications are reasonably necessary to meet its needs and are not unduly restrictive of competition. GAO recently affirmed this principle in Pitney Bowes, Inc., B-413876.2 (Feb. 13, 2017), when it sustained a protest challe

Koprince Law LLC

Koprince Law LLC

Agency May Request SDVOSB Recertification on MATOC Orders, Says GAO

In a recent decision, GAO determined an agency could reasonably amend a solicitation for a task order issued under a set-side base contract to require offerors to recertify their size and SDVOSB status at the task order level. The Oryza Group, LLC, B-416719 et al. (Comp, Gen. Nov. 26, 2018), involved a task order procurement by the United States Army Reserve Command for “sustainment information system” support (the “Task Order”). The task order was competed among holders of the Veterans

Koprince Law LLC

Koprince Law LLC

Government Tenant Liable For Damaging Leased Space

A government agency was liable for damaging leased space, even though the lease didn’t contain an explicit clause requiring the government to repair the space. In a recent decision, the Civilian Board of Contract Appeals held that the VA was required to compensate the landlord for damage to the space, because every lease–including those entered by government tenants–contains an implied provision requiring the tenant not to damage the leased space, except for ordinary wear and tear. The CBCA’

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week In Review: February 10 – February 14, 2020

Happy Valentine’s Day SmallGovCon readers! Hope you have a great one! And mark your calendar for February 26th, when Matthew Schoonover will be providing recent developments in small business contracting during an upcoming PubK webinar. This week, we’re really loving some federal contracting updates, including a piece questioning the impact of enhanced debriefings, e-commerce supply chain risks, and a 57-month prison term for defrauding subcontractors on federal contracts to the tune of $3.7

Koprince Law LLC

Koprince Law LLC

Back to Basics: SBA’s OHA Reminds Area Offices How to Apply the Ostensible Subcontractor Rule

We’ve discussed the “ostensible subcontractor rule” quite a few times on the blog (including most recently here and here) because it is one of the most frequent grounds for size protests. It’s also frequently misunderstood. A recent SBA Office of Hearings and Appeals decision, Contego Environmental, LLC, SBA No. SIZ-6054 (May 19, 2020), demonstrates how even SBA Area Offices can misapply the rule and provides useful reminders to contractor looking to avoid violating it. As a refresher, t

Koprince Law LLC

Koprince Law LLC

SBA Opposed Five-Year Small Business Size Period

The Small Business Runway Extension Act, signed into law earlier this week, changes the small business size calculation under revenue-based NAICS codes from a three-year to five-year average. The new law has sparked a great deal of discussion in the government contracting community, with some commentators pointing out that not all small businesses will benefit.  But how does the SBA–the agency tasked with implementing the new law–feel? Well, according to commentary published earlier this

Koprince Law LLC

Koprince Law LLC

No NAICS Code Appeals Of Presolicitations, SBA OHA Confirms

A NAICS code appeal can be a powerful vehicle for influencing the competitive landscape of an acquisition.  A successful NAICS code appeal can dramatically alter a solicitation’s size standard, causing major changes in the number (and sizes) of potential competitors. But a NAICS code appeal cannot be filed until the solicitation is issued.  As the SBA Office of Hearings and Appeals recently confirmed, a NAICS code appeal cannot be filed with respect to a presolicitation. OHA’s decision in Ma

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week In Review: January 6 – January 10, 2020

Hope everyone had a great holiday season! Now it’s time to get back to the routine. And for those of us in the northern parts of the county–a few more months to walk in a winter wonderland. To avoid that post-holiday letdown, enjoy some of these federal contracting updates that have been rolling in since my last update. This week, there are interesting stories including the new SBA administrator being confirmed, Space Force seeking innovative tech solutions, and calls for federal purchasing

Koprince Law LLC

Koprince Law LLC

Familial Relationship Affiliation: SBA Treats Spouses As “One Party”

One common way that contractors attempt to avoid affiliation is by limiting a particular individual to a minority ownership interest (often 49%). But as a recent SBA Office of Hearings and Appeals case demonstrates, when a company’s owners are spouses (or other close family members), the SBA may disregard the legal ownership split, and treat the family members as one person for purposes of the affiliation rules. OHA’s decision in Size Appeal of Gregory Landscape Services, Inc., SBA No. SIZ-5

Koprince Law LLC

Koprince Law LLC

Laptops to Get Nonmanufacturer Rule Waiver?

The SBA said recently that it intends to issue a class waiver of the Nonmanufacturer Rule for laptop and tablet computers, freeing up small businesses to resell these products in bulk to the federal government. The SBA recently announced its intent in the Federal Register, giving the public the opportunity to comment early in the New Year. Assuming the change sticks, small businesses who sell laptops and tablets to the government through small business set-aside contracts will no l

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week In Review: June 29 – July 2, 2020

Happy Independence Day to all of our SmallGovCon readers! I hope you are able to share some time with family and friends and observe the 4th in a way that means the most to you. Stay healthy and safe. In this short week, there were still some interesting federal contracting developments. These included debate on National Defense Authorization Act and other congressional initiatives such as the ban on equipment from certain Chinese companies, some challenges for Cybersecurity Maturity Model C

Koprince Law LLC

Koprince Law LLC

You May Dig Yourself into the Mud by Failing to Use the Standard Form for Your Bid Bond

When required, bid bonds are an essential aspect to a proper bid. Under FAR 52.228-1, they secure the liability of a surety to the government by providing funds to cover the excess costs of awarding to the next eligible bidder if the successful bidder defaults by failing to fulfill these obligations. There is a standard form for bid bonds. Though it’s not required, using the standard form is probably the safest bet to avoid possible rejection of a bid, as one contractor learned the hard way.

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week In Review: March 2 – March 6, 2020

We’ve been enjoying some spring-like weather in these parts lately with highs in the 60s. But March is not just the start of spring, it’s also peak government contracting conference season. Next week, Matthew Schoonover will be in Chicago presenting on “Legislative and Regulatory Updates affecting Government Contracting” at APTAC’s 2020 Spring Training Conference. Here are some interesting stories from the last week in federal government contracting, among them when the first CMMC training

Koprince Law LLC

Koprince Law LLC

Agency Must Consider Price Before Eliminating a Contractor from Competitive Range, GAO Confirms

In theory, best value procurements provide the government with an opportunity to select a higher priced proposal where the higher price is justified by the technical superiority of the proposal. In practice, though, the technical factors of a best value procurement can seemingly relegate price to a secondary consideration. In a recent decision, however, GAO confirmed that price is an essential evaluation consideration in any best-value decision. Addx Corp., B-417804 et al. (Comp. Gen. No

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week In Review: May 25 – May 29, 2020

As we end May and roll into June, rainy weather has descended on the Midwest. But there’s always sunshine around the corner. In our case, around the corner will be this weekend as the Kansas City region is scheduled to have sunny skies. This week saw plenty of interesting stories in the federal contracting world, including a false claims settlement related misrepresenting use of a small disadvantaged business, a new Department of Labor office aims to help federal contractors comply with ru

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week In Review: July 13 – July 17, 2020

Happy Friday to you all and here’s to the weekend! Please mark your calendars as my colleague Matthew Schoonover will be giving a presentation on August 5 discussing the SBA’s All-Small Mentor-Protégé Program. Here are more details on the event. This week saw its fair share of government contracting updates as well. These included STARS III details, progress on GSA’s schedule mass modification, and predictions for a government fourth quarter spending spree. Navy automates supply cha

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week In Review: August 22-26, 2016

Greetings from Oklahoma, where I am wrapping up a busy week of travel that has included speaking engagements both at the Iowa Vendor Conference and The Indian Country Business Summit. While I’ve been on the road, it has also been a noteworthy week in government contracting news. This week, SmallGovCon Week In Review takes a look at stories about the year end spending frenzy, the Freedom of Information Act may undergo major changes, DoD is barely exceeding 50% when it comes to meaningful competi

Koprince Law LLC

Koprince Law LLC

GAO Bid Protest “Sustains” Jump Sharply In FY 2016

The GAO sustained 22.56% of protests decided on the merits in Fiscal Year 2016–nearly double the 12% sustain rate reported in FY 2015. According to the GAO’s FY 2016 Bid Protest Annual Report, the GAO sustained 139 of the 616 protests decided on the merits (that is, cases where GAO actually reached a “sustain” or “deny” decision).  The overall effectiveness rate for protesters–a combination of “sustain” decisions, plus the many cases in which agencies took corrective action in response to prote

Koprince Law LLC

Koprince Law LLC

Eagle Eye: Government May Slip a Sole-Source Award Past an Unaware Contractor

Contractors would be wise to keep a close watch on FedBizOpps.gov, otherwise they run the risk missing the chance to protest a sole source award. When an agency decides to make an award without competition, it often must publish a Justification and Approval (referred to simply as a “J&A”) on FedBizOpps explaining why a competition would not meet the agency’s needs. A potential competitor seeking to protest such an award at the GAO must file the protest before 10 days have passed from public

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week In Review: July 17-21, 2017

Greetings from Fargo, North Dakota where I will present a luncheon seminar today on recent developments in government contracting. The seminar is sponsored by the SBA, North Dakota PTAC, and National Contract Management Association, and should be a great event.  It’s wonderful being back in the state where I grew up.  Even though I no longer have family here, I’m looking forward to catching up with an old friend (since elementary school!) this evening. While I enjoy a trip down memory lane, it’

Koprince Law LLC

Koprince Law LLC

GAO Clarifies Competition Standards for Simplified Acquisitions

A recent GAO decision has shed light on the question of what an agency must do to adequately promote competition during a simplified acquisition. There is still no bright line for determining which agency actions meet this threshold.  However, the recent decision in Bluehorse Corp., B-415641 et al. (Feb. 6, 2018), established that merely inquiring about a solicitation, without taking further action as recommended by the procuring agency, is not enough to force an agency to include a company in

Koprince Law LLC

Koprince Law LLC

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