Legal Meets Practical

by Sarah Schauerte

On November 27, the Washington Business Journal relayed that the Department of Veterans’ Affairs (VA) had ended a three-year contract with Alexandria company, Ardelle Associates (Ardelle), a federal contractor that has been processing applications submitted to the Center for Verification and Evaluation (CVE). Ardelle’s contract had already been extended twice since September 2010. The VA had expressed an intention to extend it again, through the end of February to allow time to compete a follow-on contract but – for reasons unexplained – did not.

Ardelle President Art Forcey was told on November 22 that the contract would extend until December 18. On November 26, he was told it would end December 2. That’s not a lot of notice, especially given that the days between November 26 and December 2 include Thanksgiving and two weekend days. Now that the contract is in limbo, the VA plans to put into place a short-term contract for five months until a long-term solution can be implemented. This makes perfect sense of course, as there was no conceivable way the VA could have known that it would need someone to process VetBiz applications after Ardelle’s contract expired.

The work will be competed under the VA’s IPT blanket purchasing agreement, giving an opportunity to bid to about half a dozen companies with no current role processing applications. A solicitation was released earlier this week, with bids due only a week later (December 3). The VA somehow expects that it will be able to kick off a new contract by December 6.

In an effort to potentially speed up the process of filling the contracted positions, the names of Ardelle employees supporting the current contract were provided to the IPT contracting officer (CO) to “make a determination about what is appropriate and legal to forward to offerors and awardees.”

The practical effect of this is important to note. This means that if the CO deems it “appropriate” and “legal,” the same evaluators will be performing the work…they’ll just have a different boss. This means that if the VA isn’t happy with the job Ardelle is doing, for all intents and purposes VetBiz verification won’t likely see much of an improvement because the players won’t change.

This also means that Ardelle loses its ability to remain competitive for the re-compete. If “appropriate” and “legal,” its employees will be jumping ship for the short-term contractor. This isn’t lost on Ardelle. Mr. Forcey shared with the Washington Business Journal that he thinks this move is political – to keep Ardelle out of the picture for the recompete. As he said: “I think delays in getting a new competition started caused infighting about what to do and people took some heat for extending our contract. But this isn’t the right way to go.”

This development has numerous negative implications. First of all, bringing in a short-term contractor will require re-training of evaluators. This can (and should) take weeks or months, as the VetBiz regulations are nuanced and veteran business owners deserve to have their applications properly evaluated. This, along with the transition in contractors in general, will create delays in VetBiz application processing.

Then, by the time the CVE begins operating at normal speed, the short-term contract will end.

There’s also the issue of the new, short-term contactor using Ardelle’s former employees. I would bet that these employees have a non-compete clause in their contracts with Ardelle which prohibits them from jumping from one lily pad to another.

Stay tuned in the weeks to come, because this development will be getting a lot of press. This press might be enough to cause the VA to back down and give Ardelle another extension while it prepares for the re-compete, but you just never know.

Did you find this article informative? If so, sign up for my weekly blog on veterans issues at: https://legalmeetspractical.com. Also, the holiday edition of the Legal Meets Practical newsletter is now available here.

by Sarah Schauerte

As a former Midwesterner, I am cheap. This is my parents’ fault – during my entire childhood, they lied about my age for purposes of free meals at buffets, clipped coupons, and smuggled food into movie theaters. The importance of sniffing out a deal is engrained in me.

Now that I am older, I am still frugal. I’m not about to go into a D.C. bar before 7 PM and order a $12 martini. I’m going to go to the five-buck-beer happy hour. This is just me being smart. And, of course, every Black Friday and Cyber Monday, I’m going to track down shopping deals like an insatiable vampire hunter.

As much as I love Black Friday and Cyber Monday (particularly the latter, as it can be accomplished in pajamas), I have to give a shout out to a new phenomenon known as Small Business Saturday. You’ve likely already seen the American Express commercial pushing this event (and small businesses generally), as it is touching and well-done.

The idea behind Small Business Saturday is simple – rather than buying in bulk from Kohl’s (Hear that, Mom?) on Black Friday and Cyber Monday, support your local businesses. Statistically, most small businesses sink or swim in the first five years, so an event like this can make a difference. In exchange, you may receive a great deal that won’t  be around after the holiday season.

Ironically, it is the small business owner who receives the greatest value from this event. As a small business owner myself, I believe that part of being successful is being proactive and creative in marketing your brand, and this is an opportunity small business owners shouldn’t pass up. Even if it’s a small step – such as offering a one-day coupon for 10% off, or giving out free samples – it’s exposure on the one day small businesses are recognized. And this recognition is official, too – on November 10, 2011, the U.S. Senate adopted a resolution acknowledging Small Business Saturday and emphasizing the importance of supporting our area small businesses.

This year, I won’t neglect Black Friday and Cyber Monday. But I’ll make room for Small Business Saturday too, and I hope you’ll do the same.

If you’re a consumer interested in supporting small businesses by shopping small on Saturday, you can search for businesses in your area by using this tool on the American Express website. Also, if you’re a small business owner, it’s not too late to participate. Download resources including the “Shop Small” logo, email templates, and browse ideas for marketing campaigns here.

Did you find this article informative? If so, sign up for my weekly blog on veteran/small business issues at https://legalmeetspractical.com.

by Sarah Schauerte

Upon review of my blog posts over the last few months or so, I realized they focus almost solely on government shenanigans – the shutdown, various forms of red tape, inefficiencies, and frustrations. Sure, veterans need to know about these timely issues, but it is not my aim to depress my readers. Accordingly, this blog post is about….puppies!

Well, dogs and cats. Also, it does relate to military members: what can soldiers do with their pets when they’re deployed?

Last Saturday, when I was at the dog park with my Lab/Pitbull/Greyhound/Unidentified Mutt, Archer, I started talking with two other dog owners, Christopher and Sandy. Christopher is on active duty with the Marines, and he just returned from a six-month deployment in Afghanistan. Sandy is a retired nurse, and her husband served as a Marine for three tours in Vietnam. They knew each other through a program called Guardian Angels for Soldiers’ Pets, which is an organization designed to help deploying military members find someone to watch their pets while they’re gone.

It’s a brilliant idea, because here’s the thing. If a soldier asks a family member to watch his pet while he’s away, of course the family member isn’t going to turn him down. But at the same time, it might not be a good match. Maybe the family member only says yes out of obligation, or maybe the family member is elderly but the pet needs tons of exercise. Maybe the family member’s pets don’t get along with other animals. Or the family member is gone during long work hours, but they try to make it work.

With an organization like this one, however, a military member gets a good match. The organization works to find a “foster” – essentially a long-term babysitter for the pet while the soldier is away. That foster is someone who is military-friendly – another soldier who used the program who is paying the favor forward, a veteran or veteran family, or maybe just a veterans advocate. Plus, they’ve volunteered – that person wants the dog in their home.

While some people may be understandably leery about leaving their baby (yes, a pet is actually a child) with a stranger, that person has been screened through the foster program. The soldier can meet with the foster to make sure they’re comfortable with the arrangement, and the soldier can also have friends and family members check up on the foster to make sure the pet’s happy.

Also, a soldier gets a friend for life. Someone who watches your pet while you are deployed for six months or more will become your friend. Period.

If you know anyone who has a pet and may be deployed, foster organizations such as Guardian Angels should be considered. After all, your pet is your baby. You want to be sure he or she has the absolute best babysitter while you’re gone, and that you have peace of mind.

Don’t, however, be surprised if you come back to find your dog a bit on the porky side. Because if I choose to participate in this program (and I may), I will be overfeeding your pet. It may also be used to scraps and sleeping in a people bed. I apologize in advance for any inconvenience.

For more information about foster programs, or to donate to their amazing cause, visit the following websites: Guardian Angels for Soldiers’ Pets, Dogs on Deployment, and NetPets. Keep in mind that you should do this well before you deploy, as the application process and being matched with the right foster might take some time.

Did you find this article informative? If so, please pass it on to a deploying military member. Also, sign up for my weekly blog addressing veterans issues at: https://legalmeetspractical.com.