As many in federal contracting know, the SBA had its certification portal (certify.sba.gov) closed for upgrades for a few months. The SBA is replacing it with a new portal called MySBA Certifications which as of the writing of this blog post is now live. While it hasn’t been widely published, SBA released screenshots of this new portal, which indicate SBA is making some large changes to applications, especially for applications to the 8(a) Program. We here at SmallGovCon think it is important for Federal Contractors to be aware of these changes before utilizing this new portal.
Continue reading…35th Annual Judicial Conference – U.S. Court of Federal Claims in Washington DC
I will be presenting at the 35th Annual Judicial Conference in Washington, D.C., on October 23. This prestigious event gathers legal professionals, judges, and scholars from across the country to discuss the latest developments in the judiciary and legal system.
It’s definitely an honor to be speaking at the 35th Annual Judicial Conference for the Court of Federal Claims. My topic is: Private Conflicts: How the New Private Sector OCI Rules Could Impact Federal Procurement.
Hope to see you there! You can read more about this event and the speakers giving presentations at this link.
Agency Discretion Recertified: GAO Affirms Agency Discretion to Request Size Recertification for Task Orders
When it comes to meeting the size standards, the normal rule for a set-aside contract is simple: If you’re small at the time you submitted your initial offer for the contract, you’re small for the life of the contract. So says 13 C.F.R. § 121.404–although this could be changing in the future based on a proposed SBA rule. Furthermore, this is the general rule with set-aside IDIQs as well: If you’re small at the time of initial offer for the IDIQ, you’re small for all orders under that IDIQ. (Not so with set-aside task orders under otherwise unrestricted IDIQs, there it very much is time of offer for the task order rather than the IDIQ for the date to determine size). However, there are a couple of exceptions. The biggest one is where the contracting officer explicitly requests size recertification for the given task order. In that case, an offeror must show it is still a small business as of when it submits its offer for that task order. One contractor recently protested when the contracting officer did just that. Here, we’ll explore that GAO decision.
Continue reading…New Podcast out now with Govcon Giants
Check out my podcast recording with Eric Coffie of Govcon Giants. In this podcast, we talk about about key strategies that can help small businesses succeed. From the importance of understanding the Small Business Administration (SBA) rules to forming effective joint ventures and teaming agreements.
Check out this recording and a lot of other great recordings from Govcon Giants. Thanks to Eric for the opportunity to chat and to be part of his great podcast!
SmallGovCon Week in Review: October 7-11, 2024
Hello, SmallGovCon readers. Our thoughts go out to those effected by the hurricane, this week. We hope you are safe. Some articles we’ve highlighted this week include current trends in the GovCon market and DoD considering a faster acquisition pathway for AI. You can read more about these topics and news from this week in the links below.
Continue reading…Are Mentor-Protégé Joint Ventures Just Too Successful, Asks SBA
SBA recently issued a proposed rule purportedly concerning the HUBZone Program and its regulations–but actually, covering a bevy of other discussions and proposed changes relating to size, SBA’s other small business socioeconomic programs, and even teaming. Specifically, regarding teaming, SBA revealed that it has apparently decided to take a deeper look into the immense success of mentor-protégé joint venture teaming. It is also requesting comments on this concern, as well as potential policy changes for joint venturing in SBA programs, more generally.
Continue reading…Back to Basics: Small Business Sole Source Awards
One of the perks of being certified in any of the SBA’s small business socioeconomic contracting programs is the fact that there is potential for a sole source award. What is a sole source award? Well, it’s a non-competitive award used when there is no expectation that two or more offerors will submit proposals, or using a dollar cap in the 8(a) program. (In this post we’re not talking about other exceptions to competition, such as only one responsible source). We most frequently see them used for contracts made to participants in the 8(a) Small Business Development Program, but the other programs (WOSB, SDVOSB, and HUBZone) have the ability to make sole source awards as well. So, let’s take a look and see what the FAR and SBA rules have to say about sole source awards in each of these programs.
Continue reading…