In This Issue

Real Estate

What New Veteran-Owned Small Businesses Need to Know About the Rules

The U.S. Small Business Administration (SBA) and the U.S. Department of Veterans Affairs (VA) support veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs) through the agencies’ respective VOSB and SDVOSB programs. These programs allow SDVOSBs1 to receive set-aside and solesource awards. The SBA and VA programs have continued to develop since being created. Unfortunately, both programs have not evolved in unison, resulting in a divergence of rules that creates compliance difficulties for SDVOSBs.

Federal Government

Palantir USG, Inc. v. United States Adds Teeth to Government Preference for Buying Commercial

The First Gulf War1 highlighted a major issue with government procurement of commercial products, especially with latest information technology items. Motorola had radios that met the needs of the government; however, it was unwilling to sell them to the federal government on the commercial terms being offered pursuant to the Federal Acquisition Regulation (FAR). Ultimately, the Japanese government purchased the radios and provided them as part of their contribution to the First Gulf War.2 As a result, Congress passed the Federal Acquisition Streamlining Act (FASA) in 1994.3 FASA required federal agencies to procure commercially available products to the maximum extent practicable.4 Another key requirement of FASA was for market research to determine whether commercial products could satisfy the agency’s needs, with or without minor modifications, and if a commercial item was not available, to determine if nondevelopmental items other than commercial items would meet the agency’s needs.5

Federal Government

A Response to Melissa Copeland’s Call to Action: Addressing Organizational Conflicts of Interest in an Update to the MPC

In the Summer 2018 edition of The Procurement Lawyer, Melissa (Missy) Copeland, a highly respected state procurement law practitioner, issued a “call for action” on organizational conflict of interest (OCI) law at the state and local levels. She pointed out that although OCI law is relatively mature at the federal level (see FAR Subpart 9.5), and a number of states have passed laws or issued regulations regarding OCIs, the law in this area is chaotic and immature in many state and local governments. She used a recent South Carolina case as an example of a particularly bad decision, and called for a model OCI law to make sense of the doctrine.

Topics of Interest

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