Well, summer is certainly here. You only need to step outside to be able to tell. And with the arrival of summer, the long-awaited end to the HUBZone map freeze just occurred on June 30, 2023. The new map took effect the following day, July 1, 2023. If you’re in the HUBZone program, or are considering certification in the HUBZone program, you might have some questions as to what this means for you. In this post, we’ll explore what the changes will bring.
Continue readingAuthor Archives: John Holtz
Clarity is Key: An Example of Why Clear Language is Important for Showing SDVOSB Control
While SBA has taken over SDVOSB certification from the VA (along with some other rule changes), some things remain the same. One thing which we think will never change, is that making sure the language in your agreements is clear, is vital for the federal contractor (and indeed all businesses). While this is obvious for things like operating agreements and bylaws, documentation like meeting minutes should be clear as well. In a recent appeal of a denial of SDVOSB certification, a company had to go through what must have been a frustrating ordeal that might have been prevented with just a little extra language in the meeting minutes, only to have to deal with further frustration due to a couple of details.
Continue readingOASIS+ Small Business: A Preview
GSA has produced a number of successful contract vehicles over the years, one of which was the One Acquisition Solution for Integrated Solution or “OASIS.” This vehicle, used to acquire professional services (not including information technology) for the government, was so successful that GSA is in the process of preparing its sequel, OASIS+. On March 6, 2023, the agency issued its second draft RFP, and the final RFP is expected soon. In light of this, we’re going to go through some of the planned provisions for OASIS+ for small businesses, with special attention to the provisions on teaming arrangements and joint ventures.
Continue readingSBA New Rule: Guidelines for Compliance with Limitations on Subcontracting in 13 C.F.R. 125.6
13 C.F.R. § 125.6 sets out the limitations on subcontracting for all small business set-asides (including 8(a), SDVOSB/VOSB, HUBzone, and WOSB/EDWOSB set asides.) These limitations on subcontracting are crucial for any small business federal contractor to be familiar with, and we have discussed how they work here. But, while the regulation does provide for certain legal penalties for violations of these limitations, up until SBA’s recent rule change, it didn’t provide for any direct consequences for a company’s past performance (although conceivably an agency could mention limitations on subcontracting as part of a CPARS review). Furthermore, SBA now will require that compliance with the limitations be looked at on an order-by-order basis for multi-agency set aside contracts where more than one agency can issue orders under the contract, and for full and open contracts where the task order is set aside for small businesses. All this is effective May 30, 2023, and we explore these changes here.
Continue readingThe HUBZone 35% Residency Requirement in Between Certifications
It is well established that, in order to be eligible for HUBZone certification or recertification, one of the requirements is that 35% of a company’s employees must reside in a HUBZone. That part is (relatively) straightforward. But, as we all know, employees might come and go at any time. This raises a few questions about what the requirement is when a company is preparing to bid on contracts as well as when performing them. We explore this question here.
Continue readingShowing Your Work: Protest of Evaluation Sustained for Lack of Explanation by Agency
We at SmallGovCon have explored some examples of protests where an unfortunate oversight by a contractor has been the difference between winning and losing. This, of course, can be very frustrating to contractors, especially considering that federal agencies often get leeway where contractors wouldn’t. But federal agencies, too, make mistakes, and even simple ones can be enough for a successful protest. This was the case in a January 2023 decision by GAO.
Continue readingFailure to Send: Protester Loses Size Determination Due to Lack of Response on Tax Returns
In federal procurement law, it is often the case that decisions on protests and other cases come down to tough questions of law that could go either way, requiring the judge to carefully weigh the reasons for making ruling one way or another. Unfortunately, there are also cases where the decision can rest entirely on responding to a request, even one that gives the contractor little time to respond. Regardless of the situation, it can’t be overstated how crucial it is to respond timely to any requests, and make sure your company’s agents and representatives make the response their priority. In this case, this lesson was learned the hard way by one contractor.
Continue reading