Size Protest Dismissal Sustained by SBA's Hearings and Appeals

Size Protest Dismissal Sustained by SBA's Hearings and Appeals

Government contracting can be a lucrative business and when you are a small business the government is compelled to “open the door” for you. Under the Small Business Act, the government must offer contracts to small businesses that qualify (qualifications may vary). That said, the process for winning a government contract can often-times become complicated by businesses posing to be small businesses.

Feds Propose New FAR for Low-Tier Small Business Subcontracting Credit

Feds Propose New FAR for Low-Tier Small Business Subcontracting Credit

The Dept. of Defense (DoD), General Services Administration, (GSA) and the National Aeronautics and Space Administration (NASA) are proposing to revise the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act and regulatory changes made by the Small Business Administration in a  2016 final rule. The primary objective of the proposed rule is to open the door for small businesses interested in participating in Federal procurement as a subcontractor and implement statutory requirements to help achieve this.

SBA's 8(a) Program Needs Scrutiny

SBA's 8(a) Program Needs Scrutiny

The Small Business Administration(SBA) 8(a) program was the focus of a U.S. House of Representatives Small Business Committee (Committee) hearing on Sept. 18th 2019. The Committee is taking a long overdue examination of the SBA program.

GSA's Motion to Dismiss in Contract Case Fails

GSA's Motion to Dismiss in Contract Case Fails

The Civilian Board of Contract Appeals (CBCA) recently handed down a decision in a dispute over a lease that denied General Services Agency’s (GSA) Motion to Dismiss for failure to state a claim as well as the plaintiff’s Motion to Exclude GSA’s Opposition Reply. Since neither party’s motions were granted, it appears the plaintiff prevailed in its efforts to get GSA to pay up for lost rent and increased costs the plaintiff experienced in the lease dispute.

Past Performance Objections Sustained in GAO protest

Past Performance Objections Sustained in GAO protest

JMark, an 8(a) company based in Colorado Springs, CO, objected to the Air Force awarding a contract to SierTek, another 8(a) company based in Beavercreek, OH, for intelligence course instructor services at Goodfellow Air Force Base in San Angelo, TX. The protest was based on four distinct objections: (1) the evaluation was tainted by bias, (2) the technical evaluation was improperly conducted, (3) the price was not calculated properly because a price realism evaluation was not done, and (4) the past performance evaluation was done incorrectly where prior performance wasn't fully

Is Your Resume Good Enough for CVE Verification?

Is Your Resume Good Enough for CVE Verification?

There's much that can be learned from the Spartan Group, Inc's appeal of the Center for Verification and Evaluation's (CVE) decision regarding their Veteran owned small business status.  In January 2019, Mr. Kyle Muller, a service-disabled Veteran and 100% owner of the Spartan Group, Inc., applied for his company’s inclusion in the U.S. Dept. of Veteran Affairs' (VA) VIP database. In his company’s application, Mr. Muller identified himself as both President and Secretary and Mr. Ray Douaire as the company’s Treasurer and as his personal mentor. He also included his resume in his

CVE Cancels Another SDVOSB for Incomplete Documentation

CVE Cancels Another SDVOSB for Incomplete Documentation

The U.S. Dept. of Veteran Affairs' Center for Verification and Evaluation (CVE) first verified RealSims on June 4, 2015 and then reverified the company on October 22, 2018.  At the time of initial and reverification, service-disabled Veteran Robert McGraw owned 98 percent of the Service Disabled Veteran Owned Small Business (SDVOSB) company and his wife, Debra McGraw owned two percent.   In May 2018, RealSim executed a Letter of Intent to sell 49 percent of its membership interest to another company, Badger Technology Group, which was owned 50/50 by two non-veterans, Dan Wade and Ralf

Companies Have 30 Days to Notify CVE of Any Structural Changes

Companies Have 30 Days to Notify CVE of Any Structural Changes

On August 16, 2019, the SBA Office of Hearings and Appeals (OHA) denied Lachin Architect’s appeal from the U.S. Dept. of Veterans' Affairs' Center for Verification and Evaluation's (CVE) removal of their name from the CVE VIP database. The CVE first verified Lachin in January 2013 and reverified it in March 2015. In January 2018, the service-disabled Veteran, Michael Lachin, sold 20 percent of his shares to his nephew David Lachin.

GAO Sustains Price Realism Protest

GAO Sustains Price Realism Protest

Valkyrie Enterprises Wins Its Protest!  Recently, the General Accountability Office (GAO) sustained a protest challenging the United States’ Navy’s cost realism evaluation where their evaluation failed to reasonably evaluate the protester’s proposed direct labor rates. Valkyrie Enterprises, LLC submitted a bid on a proposal (RFP No. N00024-16R-3157) issued by the Department of the Navy to provide engineering, logistics and program support services for the Naval Surface Warfare Center. A task order was issued to The McHenry Management Group, Inc. (McHenry), a small business of Chesapeake,

The SDVOSB “Storefront”

The SDVOSB “Storefront”

Since the founding of the United States, our government has endeavored to support those who have defended it. A famous quote, incorrectly attributed to George Washington states that “[t]he willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive how the veterans of earlier wars were treated and appreciated by their nation.” The quote itself may not have come from President Washington, but it sums up the attitude of our country towards its veterans: continued support of our veterans is more than just