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.

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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.

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Govology Webinar: October 10, 2024 – Communicating with Government Contracting Officials: What Can (and Should) Contractors Really Say and Do? (2024 Update)

When it comes to effective communication, the government and industry often get it wrong. Misconceptions and misunderstandings abound and can prove very costly for contractors.

In this webinar, government contracts attorneys Nicole Pottroff and John Holtz debunk some of the most common myths and misunderstandings held by contractors, including when and how you can communicate one-on-one with a contracting officer, who has authority to modify your contract, what to do when an unauthorized official gives you instructions, how the government gratuities rules differ from standard commercial practice, and much more. Register here.

SmallGovCon Week in Review: Sept. 30-Oct. 4, 2024

Happy Friday and happy October! Please enjoy the Week in Review and read up on some recent updates across government contracting. Some highlights include GSA starting the COMET II contracting process, and new guidelines on AI tool procurement for federal agencies. You can read more about these topics and news from this week in the articles below. Have a great weekend!

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GAO: Small Business Rule of Two Must be based on Accurate Market Research

The small business rule of two requires agencies to restrict procurements for small businesses when there is a “a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery.” FAR 19.502-2. Agencies often use market research to assess whether the small business rule of two is met. But what happens when an agency amends its solicitation terms after conducting market research? Can the new terms render the agency’s market research, and therefore its set-aside decision, unreasonable? In a recent decision, GAO concluded that yes, market research may be insufficient to establish a set-aside if an agency amends the solicitation’s terms.

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Conference Announcement: ICBS Show, Oklahoma City, October 7-9, 2024

The Indian Country Business Summit (ICBS) is hosting its annual “Diversity in Government Contracting” ICBSSHOW in Oklahoma City this month. And our very own Gregory Weber will be attending and presenting on federal contracting legal updates. Legal updates is always a great presentation. So, please stop by our table to say hello or if any questions come up after the presentation.

The ICBSSHOW offers informational sessions featuring experts in government procurement, connection and networking opportunities, and a day of matchmaking to introduce you and your business to government decision makers. It also provides invaluable access to government agency buyers and policy leaders, prime contractors, and tribal procurement representatives looking to expand their vendor pools. If you are attending, please stop by our table and say hello.