SmallGovCon Week in Review: October 20-24, 2025

October and November always seem to be a popular conference season in the federal contracting world. Last week attorney-author Greg Weber was in Oklahoma. This week saw Nicole Pottroff visit the GovCon Kansas City 2025 to present on the topic of the Top 21 Legal Mistakes in Federal Government Contracting. It was a great event with a lot of enthusiastic attendees and interesting questions. Thanks to the organizers including the Missouri APEX Accelerator for inviting us to present!

While news of the shutdown is high on the list of articles this week, there were also updates on CMMC, federal hiring and workforce, and a spotlight on the 8(a) Program.

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DOT Ditching DBE Program’s Presumed Social Disadvantage

The Department of Transportation (“DOT”) has administered aspects of the Disadvantaged Business Enterprise (“DBE”) program for decades for work to be performed for state and local transportation agencies. The DBE program’s eligibility requirements are quite similar to those under the Small Business Administration’s (“SBA”) 8(a) Program. As is well known, over the past few years the 8(a) Program has undergone many changes and legal challenges, altering its application and eligibility processes, especially with respect to presumed social disadvantage. Now the DOT DBE program seems to be undergoing very similar changes regarding disadvantage requirements.

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SBA OHA: On Second Thought, Managing Venturer Must Still be in Charge of JV

A few months back, we discussed a case at SBA’s Office of Hearings and Appeals that took a closer look at the actions that a Non-Managing Venturer in a small business joint venture is permitted to have negative control over—that is, those actions which the Non-Managing Venturer’s disapproval can block from happening. It also addressed what happens when a joint venture agreement does not include all of the provisions that the SBA rules require for a mentor-protégé joint venture agreement under the SBA’s Mentor-Protégé Program to avoid affiliation. Following that decision, the matter was brought to the Court of Federal Claims. Below, we discuss Multimedia Environmental Compliance Group JV v. United States, 178 Fed. Cl. 129 (2025) which covers the COFC’s review of the OHA decision. 

That case reaffirmed that just having required control language in a JV isn’t enough, other provisions in the JVA cannot give inordinate control to the Non-Managing Venturer.

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SmallGovCon Week in Review: October 13-17, 2025

Hello, SmallGovCon readers! It’s Friday, which means it’s time for another Week in Review.

SmallGovCon attorney-author Gregory Weber recently traveled to Oklahoma City this week to attend the ICBS Conference Accelerating Success in Contracting, where he gave a presentation on one of our most requested topics—Legal Updates. A big thank you to the Oklahoma APEX for hosting this event and to everyone who stopped by to connect with Greg!

In other news, SmallGovCon contributor and attorney Annie Birney was recently quoted in a Washington Technology article (see list below) discussing the risks of using AI to draft bid protests—and why that’s not the best route. As always, if you’re facing a bid protest or need legal assistance on a federal government contracting matter, our team is here to help.

Below, we’ve rounded up some insightful articles on the government shutdown and other key issues in federal contracting. Have a great weekend!

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FAR 2.0 Update: Part 12 – Acquisition of Commercial Products and Commercial Services

Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, or simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). An executive order got the ball rolling, setting forth the mandate to create FAR 2.0 by October 12, 2025. We wrote about it in our earlier post, and described it as two parallel tracks. Track 1 involves a rewrite into “plain language” and removing non-statutory and unnecessary content. Track 2 involves the development of the non-mandatory guidelines to guide procurement officials.

Our earlier posts regarding the RFO can be found here: Executive OrderOverview of FAR 2.0FAR Part 6, FAR Part 19.

The revision of the FAR sections has continued over the past few months, with additional proposed revisions being released through September 2025. In this post, we’ll review one proposed revision that seems to make some significant changes to the language: Part 12 – Acquisition of Commercial Products and Commercial Services.

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2025 8(a) Application Updates (Part I): New Application Countdown Timer

Despite various impacts to SBA’s 8(a) Business Development Program–both quite recently and over the last couple years (which you can read about here and here, and even listen to me talk about here)–this “golden child” of SBA’s socioeconomic programs remains alive and well. And it is still one of the most lucrative and sought after SBA certifications out there. So, eligible contractors may be quite happy to hear, even during this most recent government shutdown, the 8(a) application portal remains up and running. In fact, given the current “pause” to other government contracting functions and filing portals, there may never be a better time than right now to work on those 8(a) applications. That said, anecdotally, we at SmallGovCon have been hearing from some 8(a) applicants about recent updates to the 8(a) application process and submission portal that we want to share with our readers via this two part blog.

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GovCon KC 2025 Conference Announcement: October 22, hosted by Missouri APEX Accelerators

The GovCon Kansas City 2025 event is to foster connections and advancing knowledge in the government contracting community and business basics. This event brings together a wide array of industry leaders, government officials, and business professionals for a unique opportunity to network, share insights, and explore the latest developments in the field. This event is intended for government agencies, prime contractors and major firms to meet with small businesses to explore potential partnerships for future contract opportunities.

Please say hello and plan to attend the presentation on the Top 21 Legal Mistakes in Federal Government Contracting by our very own Nicole Pottroff. Nicole will be speaking at 1:00pm CDT.

For more information and registration use the link here.