As many clients and friends of Koprince Law LLC already know, I announced last week that I will be retiring from the active practice of law, effective May 10. As that date draws closer, I will also step down from my role as editor of SmallGovCon, where I’ve written over 1,100(!) posts.
But fear not! Koprince Law and SmallGovCon will continue on, good as ever (albeit with slightly fewer references to things like boneless chicken wings). My colleague Matt Schoonover, a current Partner at the firm, will step into my shoes as Koprince Law’s Managing Partner, and my colleague Shane McCall will take over as SmallGovCon‘s editor.
I am back in Kansas after a fantastic trip to Reno for the 2019 APTAC Spring Conference. On Sunday, I taught a four-hour class on the FAR, followed by a general session Monday on major changes in Government contracting.
By my count, this was the ninth time I’ve attended an APTAC conference, and they’ve all been great. It was wonderful to see so many old friends and make some new ones, too. Thank you to APTAC’s leadership for inviting me, and for Terri Bennett of our home-state Kansas PTAC, who introduced my general session. A big thanks also to Carroll Bernard of Govology and Joshua Frank of RSM Federal, who kindly allowed me and Matt Schoonover to share their booth.
If you’re a government contractor who hasn’t yet connected with your local PTAC, you’re missing out. Visit the APTAC website to find out more.
The limitations on subcontracting are undergoing some major changes in 2019, including a newly-effective DoD class deviation and the FAR Council’s long-awaited proposal for a comprehensive overhaul.
Recently, I joined host Michael LeJeune of RSM Federal on the Game Changers podcast to discuss these important changes. Click here to listen to my podcast, and be sure to check out the other great Game Changers podcasts featuring voices from across the government contracting landscape.
An offeror provided a procuring agency with only the first pages of its teaming agreements with proposed subcontractors–and received a “Marginal” score on the small business participation factor as a result.
In a recent decision, the Court of Federal Claims held that the agency reasonably downgraded the offeror for failing to provide its entire teaming agreements, saying that the agency correctly determined that it was unable to determine what work would be performed by the subcontractors.
The Section 809 Panel has recommended that Congress eliminate most small business set-asides for DoD acquisitions. The Panel would replace the longstanding set-aside system with a meager five percent small business price preference.
For small government contractors, this recommendation is the policy equivalent of a five-alarm fire. Small contractors may need to fight hard to save the set-aside system.
Get ready for a battle.
Under the so-called “once 8(a), always 8(a)” rule set forth in the FAR and SBA regulations, when a procurement has been accepted by the SBA for inclusion in the 8(a) Program, any follow-on contract generally must remain in the 8(a) Program, unless the SBA agrees to release it for non-8(a) competition.
Now, the Section 809 Panel has proposed a modest, but potentially important change to the “once 8(a), always 8(a)” rule–a change that would allow for acquisitions to be removed from the 8(a) Program without the SBA’s explicit consent.
Congress should require Government acquisition personnel to communicate with industry, according to the Section 809 acquisition reform panel.
In the third and final volume in its series on streamlining and improving DoD acquisition processes, the Section 809 Panel takes aim at Government reticence to communicate with industry, and says that merely permitting such communications doesn’t go far enough.