Government Contracts Monitor

Fraud, Waste, and Abuse Programs for Small Business R&D Contracts Continue to Evolve

December 14, 2012

As detailed in a recent report issued by the Government Accountability Office (GAO), federal agency efforts to address fraud, waste, and abuse in small business research and development contracts are continuing to develop into more robust programs that remain agency-specific but will increasingly reflect a common set of strategies.

The GAO prepared the report, “Small Business Research Programs:…

Which Way to Look and For What Relief?

December 7, 2012

In a recent bid protest challenging the Army’s award of an 8(a) contract to an allegedly ineligible small business, Reema Consulting Services, Inc. v. United States, No. 12-402C (Fed. Cl. Nov. 26, 2012), the Court of Federal Claims stated that:

Like the Roman God Janus, plaintiff concurrently looks backward and forward in requesting relief.

Unfortunately for the Protestor, channeling the ancient…

Mother Always Said You Shouldn’t Lie -- Especially About Being A Service-Disabled Veteran to Get Government Contracts

October 11, 2012

Employment of veterans returning from service is of critical importance to our country and our economy -- those who serve our country should be afforded every opportunity to succeed in business when they return from service.   Unfortunately, a recent federal criminal case in New York shows that fraud knows no bounds, highlights some serious government procurement integrity issues at the Department…

Effective Immediately: Prime Contractors Must Accelerate Payments to Small Business Subcontractors

September 25, 2012

A new FAR clause at 52.232-99 requires prime contractors, upon receipt of accelerated payments from the Government, to pay small business subcontractors on an accelerated timetable to the maximum extent practicable.  This clause is effective immediately, and Contracting Officers are instructed to insert this clause in all new solicitations and resultant contracts and, to the extent feasible,…

Recent Decision Reiterates Rule: Only One NAICS Code Per Set-Aside

September 20, 2012

A recent case provides a helpful reminder that small business set-asides generally must be tied to a single NAICS code. 

In NAICS Appeals of: edCount, LLC, SBA No. NAICS-5396 (Aug. 31, 2012), the Department of Education had published a synopsis of a small business set-aside citing two NAICS codes: “Codes of 541720 - Research and Development in the Social Sciences and Humanities [$7 million]…

The Ongoing Dispute between the GAO and the VA over Set-Asides and the Limitations of the GAO’s Authority

September 7, 2012

The GAO and the Department of Veterans Affairs (VA) have been at loggerheads since last October over whether the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. §§ 8127-8128 (2006), (the VA Act) requires set asides for service-disabled veteran-owned small business (SDVOSB) in Federal Supply Schedule (FSS) procurements.  This longstanding dispute highlights…

SBA’s New Joint Ventures and Contract Award Rules Clarified

September 4, 2012

We have found that many companies are confused by changes to SBA’s Joint Venture rules, particularly concerning the contracts for which each joint venture may bid and receive before the parties must establish a new, separate, joint venture.  Such confusion results in companies either losing bidding opportunities or incurring unnecessary costs to set-up successive new joint ventures…

Proposed Change to FAR Will Clarify Requirements for Setting Aside R&D Contracts for Small Businesses

August 31, 2012

DoD, GSA, and NASA issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to clarify that contracting officers should set aside research and development (R&D) contracts for small businesses when the market research indicates there are small businesses capable of providing the best scientific and technological approaches.  Small Business Set Asides for Research and…

SBA Proposes Changes to Small Business Size Standards for NAICS Sectors 22, “Utilities,” and 23, “Construction.”

July 30, 2012

The U.S. Small Business Administration (“SBA”) recently issued one Proposed Rule seeking to revise the small business size standards for 9 industries in NAICS Sector 22, “Utilities,” Small Business Size Standards: Utilities, 77 Fed. Reg. 42,441 (July 19, 2012), and another proposing the revision of size standards for 1 industry and 1 sub-industry in NAICS Sector 22,…

Recent IG Report Could Lead to Much Stricter Process for SDVOSBs at DOD

July 11, 2012

Service-disabled, veteran-owned small businesses (SDVOSBs) should not be surprised if the Department of Defense (“DoD”) adopts a robust verification program for SDVOSB contractors similar to that in place at the Department of Veteran Affairs (“VA”).

This Spring, the DoD Inspector General (“IG”) found that DoD had made hundreds of millions of dollars of SDVOSB set-aside and sole-source awards to…

Debarments and Debarment Authority on the Move

May 25, 2012

Debarment Authority:  Small Businesses Beware. 

The 2013 National Defense Authorization Act (H.R. 4310), if enacted in its current form, would require agency officials to suspend or debar a contractor for misrepresenting itself as a small business.

Section 1683—Requirement Fraudulent Businesses Be Suspended or Debarred

This section…

2012 Teaming To Win Conference

May 21, 2012

Jackson Kelly PLLC is proud to be a part of this year’s “Teaming to Win” conference.  Registration is now open for the 22nd annual "Teaming to Win" conference, to be held on May 29-31, 2012 at the Morgantown Convention Center, Morgantown, West Virginia. The conference includes keynote speakers, educational seminars, exhibits and technology demonstrations. Featured speakers include:

• U.S.…