Author Archives: Nicole Pottroff

Event! MyGovWatch Live: The B2G Rountable hosted by Nick Bernardo, February 21, 2024, 12:00pm CST

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Check out the full video from this event here. This edition of MyGovWatch Live: The B2G Roundtable, hosted by MyGovWatch President Nick Bernardo along with govcon legal experts Nicole Pottroff and John Holtz from Koprince McCall Potroff! In this session, we talked with an African American gentleman interested in learning about “Super 8(a)” firms and the history and development around the 8(a) program as it relates to Native American Organizations. We talked to a specialty contractor SDVOSB about which portions of the FAR apply when he is acting as a Federal subcontractor for products, services, or both on Federal construction jobs. Our cohosts gave an update on the transition of SDVOSB certification from the Veterans Administration to the Small Business Administration (SBA), and mentioned details on SBA size threshold limit changes for small businesses in different NAICS codes. We talked about various legal structures allowable for potential 8(a) firms owned by the same principal(s). There was an interesting discussion on using open records laws to learn about what a winning proposal looks like at the state and local level, and we covered best practices in proposal development.

If you’re interested in learning more about the federal government contracting business, please join John Holtz and I, who will be co-hosting with Nick Bernardo at this live podcast event. Sign up now to join this free opportunity to speak with experts, who have actually helped people succeed in govcon and who will be happy to answer your questions. Please register here. For more information on this and other upcoming events visit my MyGovWatch.com.

Why File: A VOSB or SDVOSB Status Protest

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The second entry in our new “Why File” series covers some of the main reasons unsuccessful offerors file veteran-owned small business (VOSB) and service-disabled veteran owned small businesses (SDVOSB) status protests. Don’t worry if VOSB and SDVOSB are new acronyms to you–or you just need a refresher–we’ve got a Back to Basics blog for that. If you’re a seasoned vet (pun intended), you already know SBA now handles the Veteran Small Business (VSB) Certification Program (VetCert) (which covers VOSBs and SDVOSBs) administration and status protests. So, the following (non-exhaustive) list of some of the most common reasons VSB status is protested is based primarily on SBA regulations and cases. But please keep in mind, despite the commonalities discussed below, the question of whether to protest is highly fact-specific and demands careful consideration.

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Why File: A Size Protest

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We at SmallGovCon are excited to announce this first in a new line of blogs we call Why File. Our firm handles a wide variety of federal procurement and contract litigation matters–from SBA size and status protests to contract claims and appeals, and everything in between. One of the most common and important questions we get in that regard is, should I file? Of course, we can only directly answer that question for our current clients after reviewing the relevant facts giving rise to the potential filing. But through our new Why File series, we will cover some of the most common facts and circumstances that lead contractors to initiate litigation. So, without further adieu, here is the first blog in the series, covering some of the most common reasons contractors file size protests.

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SBA’s 2023 Update: Demonstrating 8(a) Social Disadvantage

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SBA recently issued new guidance on how to demonstrate social disadvantage–one of the elements an individual must meet to be eligible for SBA’s illustrious 8(a) Business Development Program. The guidance implements a streamlined social disadvantage narrative format–limiting the number of social disadvantage instances to two and asking only for direct answers to six questions for each instance. The “new” format really just hones in on the elements SBA has always asked for 8(a) social disadvantage narratives to demonstrate, substantively, not changing a thing. Nevertheless, SBA has been quite firm in requiring this new, short and sweet, structured format–so let’s dig into it a bit.

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SBA and Industry Leaders Reaffirm Support for 8(a) Program in Light of Recent Judicial Attacks

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This week, the SBA published a press release affirming its continued support of its 8(a) Business Development Program in response to recent 8(a) Program attacks in the courts. In the press release, business industry leaders across the nation joined SBA Administrator, Isabella Casillas Guzman, in praising the 8(a) Program, its successful history, and its driving policy and spirit.

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Small GovCon Week in Review: September 18-22, 2023

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Happy Friday, Readers. We hope you have had a great week and are looking forward to the weekend. Talk around the proverbial water cooler, this week, has been about the possible government shut down. On midnight, September 30th, fiscal year 23 will come to an end. Apparently, if certain things aren’t passed by Congress and signed by the President, the new fiscal year will start with a shutdown, and that has a lot of government contractors nervous.

We have included some articles on this topic and other federal government news below. Have a great weekend.

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UPDATE: SBA Opens Certify Portal for Social Disadvantage Narrative Uploads by Current 8(a) Participants Not Pending 8(a) Award

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As we have previously written about in several recent 8(a) articles and updates, which can all be found on our 8(a) landing page here, SBA had previously told all 8(a) participants not pending an 8(a) award to “sit tight” and wait for the go-ahead to submit their social disadvantage narratives. Well, according to SBA’s just-released Certify Help Desk Guidance, it appears that go-ahead was just given to all the (justifiably) anxious 8(a) participants out there hoping to confirm their continued 8(a) Program eligibility as soon as possible.

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