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SmallGovCon.com

A blog by Koprince Law LLC in General

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SmallGovCon: Proud To Be Part Of WIFCON.com

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

Two Isn’t Greater Than Five, GAO Reminds Agency

GAO sustained a protest recently where an agency had given higher past performance scores to a proposal with two relevant examples of past performance than a proposal with five relevant examples. In Patricio Enterprises, Inc., B-412740 et al. (Comp. Gen. May 26, 2016), GAO said that an agency cannot mechanically apply an evaluation formula that produces an unreasonable result, such as allowing a proposal with fewer examples of relevant past performance to somehow earn a higher score than a prop

SmallGovCon Week In Review: June 6-10, 2016

While we patiently await the Supreme Court’s pending decision in Kingdowmware Technologies, Inc. v. United States, there is still plenty happening in the world of government contracting. This week’s edition of SmallGovCon Week In Review is packed with important news and commentary, including stories on the Army looking to end its ‘use it or lose it’ budgeting, the continued push for category management, a sneaker company looking to nix an exemption in the Berry Amendment, allegations of SDVOSB

Large DoD 8(a) Sole Source Contracts Have Dropped By 86.5%

The number of 8(a) sole source contracts over $20 million awarded by the DoD has been “steadily declining since 2011,” when a new requirement was adopted requiring agencies to prepare written justifications of such awards. According to a recent GAO report, such awards have dropped more than 86% compared to the period before the justification requirement took effect.  The report states that much of the work that was previously awarded on a sole source basis has now been competed. 8(a) Program

SBA Didn’t Properly Justify 8(a) Termination, Says Court

SBA’s regulations provide that an 8(a) program participant that no longer is owned or controlled by socially and economically disadvantaged person can be terminated from the 8(a) program. But the decision to terminate is not one to be made lightly: SBA must make sure that it not only has evidence in support of its termination decision, it must also explain how that evidence demonstrates its conclusions. This requirement was at issue in a recent court decision that found an SBA 8(a) program term

Offeror Attempts To “Evade” RFQ Page Limit; GAO Sustains Protest

An offeror’s apparent attempt to engage in a little proposal gamesmanship has resulted in a sustained GAO bid protest. In a recent case, an offeror attempted to evade a solicitation requirement that proposals be no more than 10 single-spaced pages, by cramming its proposal into less than single-spacing.  The GAO wasn’t having it, sustaining a competitor’s protest and holding that the “spacing gamesmanship” had given the offeror an unfair advantage. The GAO’s decision in DKW Communications, I

WOSB Third-Party Certification: Which Certifier To Use?

Women-owned small businesses are increasingly seeking to become certified through one of four SBA-approved third-party WOSB certifiers.  But which third-party certifier to use? There doesn’t seem to be any single resource summarizing the basics about the four SBA-approved certifiers, such as the application fees, processing time, and documents required by each certifier.  So here it is–a roundup of the key information for three of the four SBA-approved WOSB certifiers (as you’ll see, we’ve had

SmallGovCon Week In Review: May 30 – June 3, 2016

June seems to have crept up on us, but here we sit enjoying warm temperatures and sunshine. Hopefully you are making plans for some summer rest and relaxation. While you kick back this weekend by the pool, we are happy to bring to you some weekend reading material in this edition of SmallGovCon Week In Review.  This week’s top governing contracting stories include an inquiry on DoD Buy American Act waivers, the continued push to “dump the DUNS,”  False Claims Act allegations regarding pricing,

SBA Adopts New Exemption From Nonmanufacturer Rule

The nonmanufacturer rule will not apply to small business set-aside contracts valued between $3,000 and $150,000, according to the SBA. In its recent major rulemaking, the SBA exempts these small business set-aside contracts from the nonmanufacturer rule, meaning that small businesses will be able to supply the products of large manufacturers for these contracts without violating the limitations on subcontracting. In its rulemaking, the SBA explains its new exemption as a way to increase sma

GAO Won’t Evaluate Subcontractor’s Small Business Status

GAO ordinarily will not hear any argument that is based on a company’s small business status, even if the alleged large company is only a proposed subcontractor. In a recent decision, GAO declined to hear a protester’s argument that the awardee’s supposedly-small subcontractors were affiliated with other entities, holding that such a determination is reserved solely for the SBA. The case, URS Federal Services, Inc., B-412580 et al. (Mar. 31, 2016), involved an Army task order request seeking

SBA Expands Small Business Joint Venture Eligibility

Small businesses will be able to joint venture with one another more often under a new SBA rule. As part of a recent major rulemaking, the SBA will allow two or more small businesses to joint venture for any procurement without being affiliated with regard to the performance of that requirement. Under the current regulation, two or more small businesses may be affiliated with one another if they joint venture for a particular procurement, depending on that procurement’s value.  In fact, the

SBA Clarifies Family Relationship & Economic Dependence Affiliation Rules

The SBA has changed its affiliation regulations to clarify when a presumption of affiliation exists due to family relationships or economic dependence. In its major final rulemaking published today, the SBA clears up some longstanding confusion regarding affiliation based on a so-called “identity of interest.” The SBA’s current “identity of interest” affiliation rule states that businesses controlled by family members may be deemed affiliated–but does not explain how close the family relatio

SBA Size Protests: Protester Must Be In Competitive Range

A small business cannot file a viable SBA size protest if the small business has been excluded from the competitive range, or if its proposal has otherwise found to be non-responsive or technically unacceptable. In its recent final rule addressing the limitations on subcontracting, the SBA also clarifies when small businesses can–and cannot–file viable size protests. Under the SBA’s current regulation, a size protest may be filed by “[a]ny offeror whom the contracting officer has not elimina