Why yes, yes you can! In fact, there is a little known provision of the Federal Acquisition Regulations (FAR) that speaks directly to a contractor’s right to request government participation in Alternative Dispute Resolution (ADR) for any contracting “issue in controversy.” And as long as the four essential elements of ADR stated therein are met, a contracting officer must either agree to such ADR or provide a written explanation with cited statutory or legal authority for rejecting the request.
Continue readingAuthor Archives: Nicole Pottroff
SmallGovCon Week in Review: July 28-August 1, 2025
Happy Friday! And happy August! The cool Fall weather is slowly, but steadily making its way to the Midwest. Let us tell ya’, we at SmallGovCon are quite excited for more double-digit temperatures (as 100+ degrees is nothing rare for a summer in Kansas). And as you can see from all the happenings in the federal government contracting world this week, the winds of change sure do affect more than just the weather. Between a bold executive order and the first ever government chief AI officer, Artificial Intelligence sure is continuing its journey deeper into our federal procurement system–with even more haste (and apparently, more certainty) than the promise of sweater-weather in the Midwest. Also, this week: SBA released an important reminder to federal contracting agencies about maintaining fairness and integrity in federal contracting and reporting concerns regarding the same; GSA introduced its new GO.gov federal travel management solution; GovCon experts discuss the recent OMB initiatives encouraging agencies to consolidate and streamline how they buy their goods and services; and oh, so much more. Read all about it in some of our favorite articles of the week.
Continue readingBack to Basics: Terminations
The word “termination” in nearly every context elicits concern. And in federal contracting, such concern may often be warranted. Some terminations are no big deal, resulting in a federal contract–or even just part of one–being ended a bit early for convenience of the government. But other terminations, based on alleged default or deemed “for cause,” can have significant negative impacts (especially on small and disadvantaged businesses). So, one thing remains consistent across the board for federal contract terminations: it is crucial to understand the type of termination you are issued, its legal implications, and your rights and options for resolution. This article provides a general overview of terminations. Future posts will dive in deeper to contractor termination rights and options and settlement proposals.
Continue reading[1st Ever Bilingual] Webinar Announcement: The SBA 8(a) Program, June 26, 2025, 12:30 PM – 2:30 PM CDT
Are you a disadvantaged small business owner looking for a leg-up in the federal marketplace? Well, this is your chance!
Puerto Rico APEX Accelerators are hosting a FREE webinar to help you understand how the SBA 8(a) Business Development Program can open the door to exclusive contracting opportunities. And in very exciting news, this will actually be our firm’s first ever bilingual webinar! Indeed, our very own Nicole Pottroff will put her years of Spanish education to the test in an effort to maximize accessibility to this valuable information about federal government contracting. Webinar will be presented in English with Q&A to follow in Spanish.
✅ What You’ll Learn:
- How the SBA 8(a) program works and why it matters
- Key benefits like sole-source contracts and federal mentorship
- Eligibility requirements and how to apply
- Common mistakes that can delay or deny certification
- Live Q&A (*in Spanish) with a top expert in federal contracts law attorney, Nicole Pottroff
- Tips for starting your application
💼 Who Should Attend?
- Small business owners aiming to grow through federal contracting
- Government contracting consultants
- Entrepreneurs seeking new growth avenues
📅 Spots are limited – register now to reserve your place!
👉 Register here.
Breaking: EO Mandates “FAR 2.0” & Deep Dive Into Federal Procurement Efficiency
Yesterday, the new administration issued a new Executive Order (EO) officially requiring a reformation of the Federal Acquisition Regulations (FAR) and a thorough review of the federal procurement system in general. Along with related EOs, they direct the Office of Federal Public Procurement Policy (OFPP), the FAR Council, and the heads of and “senior acquisition and procurement officials” from our federal agencies to create the “FAR 2.0”–as it has aptly been deemed. And they have 180 days to do it.
Continue readingUpdate: SBA Proposed Rule Would Require “Rule of Two” Application to Multiple Award Contract Task and Delivery Orders (Part II)
In Part I of this two-part blog, we covered an SBA proposed rule that would require agencies to apply the Rule of Two to most standard multiple award contracts (MACs) and task and delivery orders thereunder. In that blog, we covered the Rule of Two generally and the basics of SBA’s proposed changes to it. Well, as promised, this Part II blog is going to dig in a bit deeper to this proposed rule, its driving policies, and its potential impacts. But a whole lot has changed in the federal government contracting landscape (even since Part I of this blog). So, I will also address the elephant in the room (as best I can) by providing information regarding the big questions, “will the proposed rule stand a chance–and will there even still be a Rule of Two–under the new administration?“
Continue readingGovCon FAQs: How Should a Joint Venture Allocate Profits?
It is a fairly standard business practice to divide profits according to ownership ratio. And a joint venture made up of only small business venturers only pursuing small business set-asides can follow this business practice—or any business practice—to divide up its profits (limited only by any applicable state, local, or Tribal law). But SBA does have specific and strict requirements for allocating the profits of any joint venture (1) between a small business protégé and its SBA-approved large business mentor, and (2) that qualifies for and pursues socioeconomic set-asides (i.e., 8(a) Program, WOSB/EDWOSB, HUBZone, VOSB/SDVOSB) and includes non-similarly situated entities.
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