San Antonio businessman sentenced in VA contract fraud

February 26, 2015 by

San Antonio 71-year-old Jonathan Patrick Saunders, president of Saunders MEP, Inc., was sentenced last week to one year and one day in federal prison followed by three years of supervised release and ordered to pay $1,494,000 restitution for defrauding the Department of Veterans Administration (VA) in connection with architectural and engineering contracts.

Justice Dept. sealOn January 6, 2015, Saunders pleaded guilty to one count of wire fraud.  By pleading guilty, Saunders admitted that over a period of five years beginning in March 2008, he knowingly provided fraudulent information to the VA in order to obtain up to $2 million in task orders from the VA for projects to be performed in and around San Antonio.

On Feb. 19, 2015, United States District Judge Orlando Garcia found that Saunders made false representations to the VA.  In his SF-330 “Architect-Engineer Qualifications” package, Saunders falsely represented that his business qualified as a Service Disabled Veteran Owned Small Business, that certain persons with particular qualifications worked for his firm, and that certain projects were completed by his firm.  Saunders used interstate wires to execute his fraud scheme.

This case was investigated by agents with the Office of Inspector Generals from the VA and the Small Business Administration.  Assistant United States Attorney Thomas P. Moore prosecuted this case on behalf of the Government.

Source: http://www.justice.gov/usao-wdtx/pr/san-antonio-businessman-sentenced-va-fraud-scheme

Deadline for comments is Feb. 27 on proposed rule affecting small business federal contracts

February 23, 2015 by

Are you a small business owner doing business with the government?  As previously reported here, the Small Business Administration (SBA) recently published a proposed rule to implement Section 1651 of the National Defense Authorization Act of 2013 (NDAA), proposing to change several key areas that could impact you:

  • The performance requirements applicable to small business and socioeconomic program set aside contracts and small business subcontracting.
  • The nonmanufacturer rule and affiliation rules.
  • The performance requirements for joint ventures.

From the SBA’s point of view, the proposed regulations should benefit small businesses by allowing small business concerns to use similarly-situated subcontractors in the performance of a set-aside contract, thereby expanding the capacity of small business prime contractors and potentially enabling small businesses to compete for and win larger contracts. SBA also believes the proposed rules will strengthen the small business subcontracting provisions, which may result in more subcontract awards to small business concerns. The proposed regulations also seek to address or clarify issues that are ambiguous or subject to dispute, thereby providing clarity to federal contracting officers as well as small business concerns.

Have comments? Visit the Federal Register online for information and to submit your comments by February 27, 2015.

SBA proposes stronger enforcement of subcontracting plans

February 10, 2015 by

Large businesses’ subcontracting plans would be subject to stricter compliance standards under a SBA proposed rule introduced December 29, 2014.

The intent of the new regulations is to compel prime contractors to make good faith efforts to comply with their subcontracting plans by implementing reporting mechanisms and harsher penalties for fraudulent actions or actions made in bad faith.  Small businesses subcontractors are likely to agree that these are positive changes.

Many large businesses take their subcontracting obligations seriously, and make every effort to meet (or exceed) their goals.  But there are also the bad apples–those that continually over-promise and under-deliver when it comes to small business subcontracting.  Dealing with these bad apples have led some small businesses to become skeptical that large primes will follow through on their stated subcontracting intentions.

The SBA’s proposed regulation attempts to address this problem.

Comments on SBA’s proposed rule are due by Feb. 27, 2015.

Keep reading this article at: http://smallgovcon.com/statutes-and-regulations/subcontracting-plans-sba-proposes-stronger-enforcement/

– See more at: http://smallgovcon.com/statutes-and-regulations/subcontracting-plans-sba-proposes-stronger-enforcement/#more-3551

SBA to host webinar on joint ventures on Feb. 17th

February 9, 2015 by

Joint venturing in federal contracting is defined differently than in commercial contracting.

To help small businesses understand the differences, the Georgia District office of the Small Business Administration (SBA) is hosting a webinar on Tuesday, February 17, 2015.

This SBA workshop will outline how federal regulations define joint ventures, as well as discuss some of the technical issues that firms face when pursuing this strategy for winning federal contracts.

To register, please go to: http://events.sba.gov/eventmanagement/EventRegistration.aspx?id=c72aae7a-cda7-e411-88c7-02bfa56e2a24.

For further information, please contact Jennifer Tilden 404-331-0100, ext. 501, vog.absnull@nedlit.refinnej.

New rules proposed for mentor-protégé, HUBZone, 8(a) and other SBA programs

February 6, 2015 by

On February 5, 2015, the Small Business Administration (SBA) published a proposed rule in the Federal Register for the purpose of amending existing regulations in order to implement provisions of the Small Business Jobs Act of 2010 and the FY13 National Defense Authorization Act.

Based on these two statutes, SBA is proposing a Governmentwide mentor-protégé program for all small business concerns, consistent with SBA’s existing mentor-protégé program for Participants in the 8(a) Business Development (BD) program. The proposed rule also would make minor changes to the mentor protégé provisions for the 8(a) BD program in order to make the mentor-protégé rules consistent across agency boundaries.

Similarly, SBA is also proposing to amend current joint venture provisions to clarify the conditions for creating and operating joint venture partnerships, including the effect of such partnerships on any mentor-protégé relationships. Finally, SBA’s proposed rule would make several additional changes to current size, 8(a) Office of Hearings and Appeals, or HUBZone regulations, concerning ownership and control, changes in primary industry designations, standards of review, interested party status, and other matters.

Comments on the proposed rule are due on April 6, 2015.

The proposed rule can be seen here: Federal Register Vol. 80 No. 24 Part III Feb. 5 2015

An analysis of the proposed rule can be found here: Analysis of SBA’s Proposed Rule to Create a New Mentor-Protege Program for All Small Businesses – 02.06.2015

SBA offers insights into the HUBZone protest process

February 4, 2015 by

The Small Business Administration (SBA) has introduced a new website where visitors can review samples of HUBZone-related protest decisions.

Examining these samples can help you learn about how allegations of non-compliance are analyzed by the SBA.

The website also has a link to a mini-primer to help you better understand the HUBZone protest process.

The award of a HUBZone contract may be protested by an offeror, the contracting officer, or the SBA. There are three possible outcomes of a HUBZone status protest:

  • Dismissed: the protest was not evaluated by the SBA because it was untimely, not submitted by an interested party, or not specific enough. In some cases when a protest is dismissed because it was not submitted on time, but the information presented was specific, SBA may file its own protest.
  • Sustained: SBA found the protested company to be ineligible for the award and/or ineligible for (and therefore decertified from) the program.
  • Denied: SBA found the protested company to be eligible for the award and for the program.

Past HUBZone protest decisions can be found at: https://www.sba.gov/content/protest-case-highlights.

The SBA’s mini-primer on Understanding HUBZone Protests can be located at: https://www.sba.gov/tools/sba-learning-center/training/hubzone-mini-primer-3

SBA to hold 8(a) and HUBZone eligibility workshop Feb. 11th

January 30, 2015 by

Small businesses interested in learning about the Small Business Administration’s eligibility requirements for becoming 8(a) or HUBZone certified will be interested in a workshop on that subject to be held on Feb. 11, 2015, from 10:00 a.m. to noon.

The workshop will be held at 233 Peachtree St. NE, Ste. 1900, Harris Tower, Atlanta, GA, 30303.

Advance registration is required and may be accomplished by visiting: http://events.sba.gov/eventmanagement/EventRegistration.aspx?id=b73797b8-cba0-e411-8f7e-02bfa56e2a24.

First-ever ‘state of the region’ address planned Feb. 2nd by SBA regional director

January 28, 2015 by

Cassius F. Butts, administrator of the U.S. Small Business Administration’s southeast region, plans to deliver an inaugural “State of the Region” address on Monday, Feb. 2, 2015 at 10:00 a.m. at the Georgia Tech Research Institute auditorium located at 250 – 14th Street, NW, Atlanta, Georgia 30318.

The public is invited but advance registration is required not later than noon Friday, Jan. 30th.  Register here: http://events.sba.gov/eventmanagement/EventRegistration.aspx?id=a7cd8351-179c-e411-87bc-02bfa56e2a24.

During this address, regional administrator Butts will highlight the achievements and success of the SBA and its resource partners over the past year, and will highlight the innovations planned by the SBA.

Welcoming remarks are scheduled to be delivered by the president of the Georgia Institute of Technology, G.P. “Bud” Peterson.

Interested parties also can stream this presentation live by using this link at the time of the event: http://live.media.gatech.edu/ei2

 

Small companies to take on bigger contracts under SBA proposed rule

January 28, 2015 by

A new rule proposed by the Small Business Administration could help small companies team up to go after larger government contracts.

“Projects in the federal procurement arena have gotten larger, more complex, and it’s become more difficult for individual small businesses to pursue these types of projects,” John Shoraka, associate administrator of government contracting and business at SBA, said on the Federal Drive with Tom Temin Tuesday.

SBA issued the proposed rule on Dec. 29, nearly a year after Congress passed the fiscal 2013 Defense Authorization bill changing certain provisions in the Small Business Act.

Keep reading this article at: http://www.federalnewsradio.com/522/3784191/Small-companies-to-take-on-bigger-contracts-under-SBA-proposed-rule

GTPAC-hosted Jan. 22 event to aid Georgia small businesses

January 13, 2015 by

On Thursday, Jan. 22, 2015, the Georgia Tech Procurement Assistance Center (GTPAC) will play host to six federal agencies holding an industry day forum directed at small businesses in Georgia.  NOTE: As of Jan. 16, 2015, this event is booked to capacity, and no further registrations are being accepted.

NCMA logoThe event is being sponsored by the Atlanta chapter of the National Contract Management Association (NCMA) and the regional office of the U.S. Small Business Administration (SBA).

The event, billed as “Building Partnerships and Collaborating for Success, a Small Business Industry Day and Matchmaking Event,” is open to all businesses in the region who wish to learn more about doing business with  the Centers for Disease Control and Prevention (CDC), the Environmental Protection Agency (EPA), the General Services Administration (GSA), the U.S. Army Corps of Engineers, and the Department of Veterans Affairs (VA).

In addition to federal agencies, representatives of major prime contractors also are expected to be present, including Northrop Grumman, Lockheed Martin, ICF International, RTI International, WYLE, Westat, Deloitte, and DB Consulting Group, Inc.

Businesses interested in participating in this event must preregister at: http://gtpac.ecenterdirect.com/ConferenceDetail.action?ID=7954.

More than 200 vendors are expected to attend.  Matchmaking events will be scheduled by vendors based on NAICS code requirements of government agencies and prime contractors. Details for the matchmaking aspect of the event will be promulgated separately to confirmed registrants.

All vendors participating in this event are expected to have the following completed prior to attending:  SAM and DSBS registration, business cards, an elevator speech, and a capability statement. See web link above for more information.