Government Contracts Monitor

That Little White Lie Can Be Very Costly Under the Special Plea In Fraud Statute and False Claims Act

July 28, 2014

The recent Federal Circuit opinion in Veridyne Corporation v. United States, No. 2013-5011 (Fed. Cir. July 15, 2014), is a cautionary tale about not trying to game the system to take advantage of a contractor’s expiring 8(a) status.

Veridyne Corporation (“Veridyne”) was a successful federal contractor that participated in the Small Business Administration (“SBA”) 8(a) program.  Veridyne had…

Small Just Got Bigger: The SBA Adjusts its Monetary-Based Size Standards

July 1, 2014

On June 12, 2014 the Small Business Administration (SBA) published an Interim Final Rule under which SBA adjusts its monetary-based size standards to account for inflation that has occurred since 2008.  These adjustments are in addition to the recent revisions to SBA’s size standards issued as part of its comprehensive size standards review. The rule goes into effect on July 14,…

Short Take: House-Passed FY15 NDAA Contains Important Small Business Provisions.

June 13, 2014

On May 22, 2014 the U.S. House of Representatives passed House Resolution No. 4435, the National Defense Authorization Act (NDAA) for Fiscal Year 2015.  This bill includes several important provisions that would materially impact small businesses if concurred in by the Senate and carried forward into law.  Most importantly, under an amendment sponsored by the chair of the House Small…

SBA Reminds Us that Size Protests Must be Sufficiently Specific

April 28, 2014

A recent decision by SBA’s Office of Hearings and Appeals (OHA) serves as an important reminder that size protests must be sufficiently specific to survive dismissal. Jenn-Kans Disposal Service, No. SIZ-5549 (April 11, 2014). While this standard isn’t new, the decision provides important guidance on the kinds of information a protester must include in order to pass muster. It also serves as a…

Maria Contreras-Sweet Sworn-In as New SBA Head

April 23, 2014

On April 7, 2014, Maria Contreras-Sweet was sworn-in and assumed her new position as the 24^th Administrator of the U.S. Small Business Administration (SBA).  Commenting on her Senate confirmation, President Obama stated that, in Contreras-Sweet, “the American people will have a fierce champion who understands what it means to start a small business and who has a proven track record of…

Montgomery County Chamber of Commerce GovConNet Procurement Conference

April 10, 2014

On Friday, May 16, 2014, the Montgomery County Chamber of Commerce (“MCCC”) will hold its annual GovConNet Procurement Conference at the Universities at Shady Grove from 7:30 am to 3:00 pm. 

There will be matchmaking directly with the following federal agencies:

Defense Logistics Agency (DLA)

Food and Drug Administration (FDA)

National Cancer Institute (NCI)/National Institutes of Health (NIH)…

Another Corrective Action Challenge Sustained in Case Complicated by “Curious Agency Actions”

April 8, 2014

The Court of Federal Claims (COFC) recently sustained another corrective action challenge, and enjoined the Veterans Administration (VA) from proceeding with the challenged award.  Manus Medical, LLC v. United States (“Manus-3”), No. 14-26C (Fed. Cl. March 19, 2014).  The Court stated that “[t]his is a relatively simple case made more complicated by some curious…

GAO Affirms Past Performance Evaluation Benefits of Mentor-Protege Joint Ventures

March 31, 2014

One of the long-recognized advantages of mentor-protege joint ventures is to enable a developing company to shore up and expand its past performance experience by claiming the past performance experience of its mentor.  This advantage is particularly significant in view of the ever-increasing importance being accorded to past performance in best value procurements.

The Government Accountability…

Contractor Jailed for Cheating the Disadvantaged Small Businesses Program

March 20, 2014

Michael Dunkel was sentenced recently to a 5-year prison term, followed by 2 years of supervised release, for fraudulently obtaining more than $4.4 million in government funds that should have gone to disadvantaged small businesses contractors.

Dunkel’s scheme, as set forth in the court documents, was fairly straightforward.  According to those documents, Dunkel learned that Keith Hedman…

Short Takes: New Mentor-Protégé Programs Among SBA’s “Highest Regulatory Priorities” for 2014

March 19, 2014

The Small Business Jobs Act of 2010, Pub. L. No. 111-240, § 1347(b)(3), authorized the Small Business Administration (SBA) to establish mentor-protégé programs for HUBZone, Service Disabled Veteran-Owned (SDVO) and Women-Owned small businesses, modeled on SBA’s existing 8(a) mentor-protégé program set forth in 13 C.F.R. § 124.520.  Section 1641 of the National Defense Authorization…

Do Your Homework Before Filing the Size Protest, Not After

December 16, 2013

The recent case of Ametek SCP, Inc., SBA No. SIZ-5518 (Dec. 4, 2013) underscores the importance of presenting sufficient evidence in support of a size protest. As the decision by the Small Business Administration (SBA) Office and Hearings and Appeals (OHA) makes clear, you will not have the opportunity to go back and supplement later.

Ametek involved a partial small business set-aside for the…

Short Takes

December 2, 2013

Newly-issued Federal Acquisition Circular (FAC) 2005-71, 78 Fed. Reg. 70476 (Nov. 25, 2013) amends the Federal Acquisition Regulation (FAR) to add a new clause (FAR 52.232-40), that requires prime contractors receiving accelerated payments from the Government to make accelerated payments to their small business subcontractors to the maximum extent possible and prior to when such payment otherwise…