Webinar Event: Legal Updates 2024 hosted by the Catalyst Center for Business & Entrepreneurship, November 20, 2024

Posted on November 6, 2024 by Shane McCall

The Catalyst Center for Business & Entrepreneurship is hosting this helpful, virtual workshop on Legal Updates 2024. In this webinar, government contracting attorneys, John Holtz and Gregory Weber will discuss the most important legal developments for federal contractors in 2024. Specifically, we will discuss important new small business rules, updates to the 8(a) rules and application procedures, joint venture changes, updated SDVOSB certification requirements, key provisions of the recent National Defense Authorization Act, recent cases pertinent to federal contractors, and more. Hope you can join us! Register here.

SBA OHA: Operating Agreements Must Clearly Demonstrate Control

Posted on November 5, 2024 by Stephanie Ellis

A recent appeal before the U.S. Small Business Administration’s Office of Hearings and Appeals (OHA) upheld SBA’s denial of an application for a veteran-owned small business because its operating agreement gave too much control to a non-veteran owner and failed to identify a veteran as the highest officer. The decision in Facekay LLC demonstrates the importance of strict adherence to the control requirements laid out by the various SBA programs.

SmallGovCon Week in Review: October 28-November 1, 2024

Posted on November 1, 2024 by Shane McCall

Hello, Blog Readers and happy November! We hope you have had a productive month and are looking forward to finishing strong this year. It’s that time of year for looking at fall colors and going to the pumpkin patch, and handing out candy to trick or treaters. We hope you have a wonderful weekend and can get out a enjoy the fall weather in your neck of the woods.

This week in federal government contracting NASA has announced a $1.8 billion COSMOS contract and tech giants are pushing for legislation to streamline federal cloud procurement, aligning with the GSA’s advocacy for simpler cloud purchasing and value-based contracting. You can read more about these topics in the articles below, as well as other federal contracting news. Enjoy!

Thank You, COFC Judicial Conference

Posted on October 29, 2024 by Shane McCall

I recently returned from the 35th Annual Judicial Conference for the Court of Federal Claims. I wanted to send a hearty thanks to all of the organizers of the conference, especially Judge Tapp! It was a great opportunity presenting on the topic of Private Conflicts: How the New Private Sector OCI Rules Could Impact Federal Procurement. I also thoroughly enjoyed the other presentations at the conference.

For those looking for more information on this topic, here are some resources for you:

GAO Sustain: Offeror’s Failure to Follow Solicitation’s Document Preparation Instructions was Unstated Evaluation Criteria

Posted on October 28, 2024 by Annie Birney

A recent GAO decision considered whether an agency could reject an offeror’s proposal based on the offeror’s failure to follow document preparation instructions that were not explicitly stated in the solicitation.

In Hometown Veterans Medical, LLC B-422751 (Oct. 11, 2024), the Department of Veterans Affairs (“VA”) issued a request for proposals (“RFP”) from service-disabled veteran-owned small businesses for home oxygen services for patients at the VA’s Birmingham Veterans Medical Center. The RFP stated that offerors would be evaluated on experience and price.

SmallGovCon Week in Review: October 21-25, 2024

Posted on October 25, 2024 by Shane McCall

Happy Friday! I just got back from presenting at the 35th Judicial Conference for the United States Court of Federal Claims. It was a great experience and I got to learn from some very smart folks. But the wheel of federal contracting keeps turning, and this week was no different. Important stories included updates from a recent OIG SBA report, a bill to modernize federal cloud procurement, and the Army seeks to cut contract award times to six months. Have a great weekend.

OHA: Show me the Management, or Fail SDVOSB Certification

Posted on October 25, 2024 by Shane McCall

A recent OHA decision reminds us that it’s important to show and tell the SBA how a company seeking certification is meeting the SBA’s requirements for control of a socioeconomic company. Like many of these decisions involving SBA’s programs, it comes out of the Service-Disabled Veteran-Owned Small Business (SDVOSB) VetCert program. That’s because the SDVOSB program allows appeals of denials of certifications. The other programs don’t allow such broad reasons for appeals from certifications (or at least have restrictions on them).