One of the common questions small business contractors ask themselves when planning performance of a contract is “how much of this work are we allowed to subcontract?” Trying to answer this question inevitably leads contractors to one of the most commonly used and frequently misunderstood rules in federal contracting, the Limitations on Subcontracting. In this post, we will break down some of the basics of this rule, and hopefully clear up any basic misunderstandings regarding it.
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SDVOSB Owner Avoids Brewing Up Trouble with a Second Job
In a recent SBA decision, SBA’s judges had the opportunity to review three different simultaneous challenges to whether a service-disabled veteran controlled a SDVOSB. Because there were three different challenges reviewed at once, SBA took a deep dive into the SDVOSB certification standards around the requirement of control of a SDVOSB. With such a deep dive, SBA provided some explanations of SDVOSB control concepts that could be helpful to contactors looking to certify or re-certify as an SDVOSB. In these cases, a SDVSOB owner had a second job, and job experience in a different field, but SBA found the owner had the necessary control over the SDVOSB to remain certified.
Continue readingBack to Basics: SBA’s Mentor-Protégé Program
One of the biggest gamechangers among Federal Contracting programs is the SBA’s Mentor Protégé Program. It provides an avenue for small businesses and large businesses to work together where they otherwise may not have been able to previously, helps federal contractors develop their companies, and can provide protection from affiliation. However, in order for businesses to take advantage of this program, the relationship between the mentor and protégé businesses must meet certain requirements. This entry in SmallGovCon’s Back to Basics series will provide a quick overview of some of the requirements and important areas for contractors to remember if they are considering participating in the SBA’s Mentor-Protégé Program.
Continue readingBack to Basics: Veteran-Owned Businesses and SDVOSB Eligibility
To honor the sacrifice made by our country’s veterans, the federal government has made it a priority to set aside federal contracting opportunities for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). To qualify for these opportunities, businesses must meet certain specifications in ownership and control. Let’s take a quick look at some the general qualifications needed to qualify as an SDVOSB and bid on SDVOSB set-aside contracts.
Continue readingFAR Proposed Rule: Incumbent Service Workers Need to be Hired
Once again, the incumbent service worker rule has had its pendulum swing back to the hiring of incumbent workers, reflecting a “general policy of the Federal Government that service contracts which succeed contracts for the same or similar services, and solicitations for such contracts, shall include a non-displacement clause.” This proposed rule would insert a contract clause requiring contractors who are awarded a service contract with an incumbent on it, to offer employment to the incumbent contractor employees, for performance of the contract. This is of course quite the shift from current regulations, but it also places many new contract compliance requirements on contractors awarded a new contract as they try and stand up performance.
Continue readingSmall Business Committee Raises Concerns to SBA About Certification Speed, Category Management
Last week, the U.S. House of Representatives Small Business Committee held a hearing to discuss how the SBA will meet Small Business Contracting goals, and specifically how the SBA can meet its goals related to socioeconomic programs. The committee challenged the Office of Government Contracting & Business Development to show how they will help grow participation in SBA’s small business development programs, and small business participation in federal contracting as a whole. The Small Business Committee raised questions related to inflation, increasing socio-economic program participation, and SBA technology updates.
Continue readingLeaving OHA Email on “Unread” still Counts as Receipt For Appeal Timing Rules
The SBA’s OHA administrative judges recently sent a warning to all small business contractors that they need to keep an eye on their email inboxes no matter how late in the business day it is. In a size appeal decision, OHA found that even an unread email could derail a contractor’s plans for a size appeal, depending on when it arrived in your inbox.
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