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November 12, 2019 By cs

Academy provides customized instruction on small business certification to national association

The Contracting Education Academy at Georgia Tech provided four hours of intensive instruction to a group of 90 counselors on the topic of “Teaching Your Clients How To Obtain a Small Business Certification.”
APTAC 2019 Workshop
Representatives of PTACs across the country attended the certification workshop.

The workshop, held in Washington, DC on Nov. 10th, was conducted as a part of the semi-annual national training conference held by the Association of Procurement Technical Assistance Centers (APTAC).  Members of APTAC work for procurement technical assistance centers (PTACs) across the country.  PTACs provide assistance to businesses — primarily small businesses — who wish to compete for government contracts.

Guest instructor and small business expert Steven J. Koprince conducted the workshop on behalf of the Academy.  He is the founder and former managing partner of Koprince Law LLC.    Earlier this year, he retired from active practice of law, but he continues to be involved in government contracting as a teacher and writer.  Koprince has served as an instructor for The Academy on previous engagements with APTAC and with the Department of Defense Education Activity (DoDEA).

Training materials included a certification handbook and a flash drive containing resources such as customizable training presentations.

The Academy’s program manager Alexis Kirksey provided an orientation to the workshop’s training resources.  Each attendee received a 100-page instruction manual on four different types of small business certifications, including fact sheets on each program, and a flash drive containing customizable PowerPoint presentations and dozens of other resource materials which PTAC counselors may use to counsel and train their clients.

The workshop’s objectives were:

  1. Learning the eligibility requirements for each small business category.
  2. Gaining insights into the preparation process for making a certification application.
  3. Identifying each of the steps of the application process.
  4. Learning how a small business can leverage certification in the federal marketplace.

The workshop provided an explanation of small business size standards, and then launched into a detailed examination of the 8(a) Business Development Program; the HUBZone Program; the Veteran-Owned and Service-Disabled Veteran-Owned Small Business Programs; and the Woman-Owned and Economically-Disadvantaged Woman-Owned Small Business Programs.

Workshop participants learned about important concepts applied by the federal government in the certification process such as unconditional ownership and direct ownership.  In order to be eligible for certification, the owners must be in charge of such activities as strategic policy-setting, day-to-day management, and overall administrative responsibility for business operations.

Workshop attendees listen carefully to instruction provided by Steven J. Koprince.

The significance of what is known as “affiliation” was also a topic of the workshop.  Affiliation exists when one business controls or has the power to control another, or when a third party controls or has the power to control both businesses. Control may arise through ownership, management, or other relationships.  If another business controls a certification applicant’s business, this may be a disqualifier for small business certification.

Attendees also learned about all of the documentation requirements associated with each type of small business certification.  In addition, the workshop addressed what is called the “presumption-of-loss” rule, which provides that if a business misrepresents its small business size or status, there is a presumption of loss to the government equal to the entire value of any contract or subcontract received as a result of the misrepresentation.

Multiple paths exist for submitting certification applications.  Workshop participants learned about self-certification within the System for Award Management, certification through the Small Business Administration’s on-line portals, and certification through the Veterans Administration.

The workshop concluded with advice PTAC counselors can give to their clients about following-up on their certification applications and how to leverage their small business certifications once granted.  Tips included the need to research both federal spending and contract forecasts, the importance of responding to Requests for Information, and the roles played by Procurement Center Representatives, Small Business Officers, and Small Business Liaison Officers.  Also discussed was the use of certification branding, teaming and joint venturing, how to keep certifications updated, and participation in outreach events.

The Academy is available to conduct this and other customized training workshops on any topic associated with government contracting.  Contact us by email at info@ContractingAcademy.gatech.edu for further information.

Filed Under: Academy News Tagged With: 8(a), acquisition training, APTAC, certification, Contracting Academy, EDWOSB, Georgia Tech, GSA Schedules, HUBZone, SDVOSB, small business, training resources, VOSB, WOSB

October 25, 2016 By AMK

Does ‘Kingdomware’ apply to non-VA FSS orders?

The Supreme Court’s rationale in a recent decision might compel every agency to set aside any Federal Supply Schedule order (or any other order, for that matter) valued between $3,000 and $150,000.

Supreme CourtEarlier this year, the United States Supreme Court issued its decision in Kingdomware Technologies v. United States.   As we’ve noted, this case was a monumental win for veteran-owned small businesses — it requires the Department of Veterans Affairs to set-aside solicitations for SDVOSBs or VOSBs where two or more such offerors will submit a proposal at a fair and reasonable price, even if that solicitation is issued under the Federal Supply Schedule.

A recent GAO decision suggests, however, that Kingdomware’s impact could be felt beyond the world of VA procurements.

In Aldevra, B-411752.2—Reconsideration (Oct. 5, 2016), the protester relied on Kingdomware to challenge a prior GAO decision that an agency is not required to set-aside an FSS order for small businesses. At issue in the initial protest was an Army National Guard Bureau solicitation under the FSS, seeking an ice machine/water dispenser (valued at $4300). According to Aldevra, the Small Business Act required the solicitation to be set aside for small businesses.

Keep reading this article at: http://smallgovcon.com/gaobidprotests/does-kingdomware-apply-to-non-va-fss-orders/

Filed Under: Government Contracting News Tagged With: Air National Guard, FSS, GSA Schedule, Kingdomware, protest, rule of two, SDVOSB, small business, Small Business Act, Supreme Court, VA, VA Schedule, veteran owned business, VOSB

September 23, 2016 By AMK

Kingdomware decision gives new meaning to the words ‘government contract’

The Supreme Court’s June 2016 decision in Kingdomware Techs., Inc. v. United States, No. 14-916 (June 16, 2016), may significantly impact the meaning of the term “government contract” for years to come.

Supreme Court sealThe case centered on a project for the Department of Veteran Affairs. When VA continually fell behind in achieving its three percent goal for contracting with service-disabled veteran-owned small businesses, Congress enacted the Veterans Benefits, Health Care, and Information Technology Act of 2006. See 38 U.S.C. §§ 8127 & 8128. The Act includes a mandatory set-aside provision that requires competition to be restricted to veteran-owned small businesses if the government contracting officer reasonably expects that at least two such businesses will submit offers and that the “award can be made at a fair and reasonable price that offers best value to the United States.” This is an iteration of the well-known “Rule of Two.”

When it published regulations implementing this statutory requirement, VA took the position that the set-aside requirements in § 8127 “do not apply to [Federal Supply Schedule] task or delivery orders.” 74 Fed. Reg. 64619, 64624 (2009). The Kingdomware case posed a direct challenge to this interpretation.

Keep reading this article at: http://www.contractorsperspective.com/small-business/kingdomware-redefines-government-contract/#page=1

Filed Under: Government Contracting News Tagged With: contract vehicle, delivery order, Federal Supply Schedule, FSS, GSA Schedule, Kingdomware, rule of two, Supreme Court, task order, VA, veteran owned business, Veterans First, VOSB

August 19, 2016 By AMK

VA doesn’t waste time in implementing Supreme Court decision

The Veterans Affairs Department acted unusually quickly to comply with the U.S. Supreme Court’s “rule of two” decision in the Kingdomware case.

VA-LogoSo much so that it both surprised observers and had them wondering if VA was acting too hastily.

VA issued new acquisition regulations July 25, just more than a month after the decision, which found VA’s interpretation of a law requiring the agency to set-aside all procurements if at least two veteran-owned small businesses are qualified was flawed. The nation’s highest court reversed the lower court’s decision on June 16 by an 8-0 vote, finding VA must use the “rule of two” for supply schedule contracts even if it has met its statutory contracting goals.

Keep reading this article at: http://federalnewsradio.com/reporters-notebook-jason-miller/2016/08/va-doesnt-waste-time-implementing-supreme-court-decision/

See the VA’s new rules here.

See the VA’s “decision tree” for following the Rule of Two here.

Filed Under: Government Contracting News Tagged With: Kingdomware, rule of two, SDVOSB, set-aside, Supreme Court, VA, veteran owned business, veteran owned businesses, Veterans Affairs, Veterans First, VOSB

June 16, 2016 By AMK

Supreme Court gives VA new marching orders

In a U.S. Supreme Court decision handed down today, the Department of Veterans Affairs (VA) was directed to change its contracting practices.

Supreme Court sealThe Court’s June 16, 2016 ruling in Kingdomware Technologies, Inc. v. United States, No. 14-916 means that the VA can no longer chose to ignore a 2006 law that requires the VA to restrict contract competitions to veteran-owned small businesses (VOSBs) as long as there are at least two qualified VOSBs available to perform the work.  This provision of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (“the Act”) is known as the “Rule of Two.”

The VA long argued that it had the discretion to not follow the “Rule of Two” when it placed orders against GSA Schedule contracts.  But the Court found the following provision of the Act to be unambiguous:

… a contracting officer of the Department shall award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States. 

It is not yet known how quickly the VA will change is practices with respect to GSA Schedule orders.  But the Court has made it clear that the Rule of Two is mandatory, not discretionary — and there’s no exception for GSA Schedule orders.

Read the Supreme Court decision here: http://www.supremecourt.gov/opinions/15pdf/14-916_6j37.pdf

Filed Under: Government Contracting News Tagged With: Court of Appeals, Court of Federal Claims, GAO, GSA Schedule, Kingdomware, preference, rule of two, SDVOSB, small business, Supreme Court, VA, veteran owned business, Veterans First, VOSB

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