Author Archives: Nicole Pottroff

[1st Ever Bilingual] Webinar Announcement: The SBA 8(a) Program, June 26, 2025, 12:30 PM – 2:30 PM CDT

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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

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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.

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Update: SBA Proposed Rule Would Require “Rule of Two” Application to Multiple Award Contract Task and Delivery Orders (Part II)

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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?“

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GovCon FAQs: How Should a Joint Venture Allocate Profits?

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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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Executive Order for Nondisplacement of Federal Workers Rescinded

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Indeed, Executive Order (EO) No. 14055, Nondisplacement of Qualified Workers Under Service Contracts, was only one of many predecessor EOs rescinded by the Trump administration shortly after taking office. But its removal has significant impacts on federal government contracting. As explained in EO No. 14055, its requirements sought to promote skilled worker retention in the federal workforce by placing requirements on contractors (and subcontractors) to provide the service employees from predecessor service contracts an essential right of first refusal of employment in successor or follow-on contracts. But EO No. 14055 has now been officially rescinded as part of the new administration’s stated policy to lift any orders it felt were “replacing hard work, merit, and equality with a divisive and dangerous preferential hierarchy.”

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Strategies for Dealing with a Government Shutdown

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Shuttering of the government (or parts of the government) following appropriations lapses has become an increasingly common phenomenon in recent times. Continuing resolutions have become a recurring stopgap measure. Funding lapses interrupt the usual predictability of government operations, which harms both agencies and federal contractors that are left in limbo with stop work orders.

Unfortunately, unlike many other topics, the FAR has little say when it comes to procedures for contractors to follow during or following a government shutdown. It seems that the FAR’s authors didn’t really envision the government shutting down as a normal occurrence. Recovering expenses incurred as a consequence of government shutdowns can be challenging.

Here are some pointers.

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Update: SBA Proposed Rule Would Require “Rule of Two” Application to Multiple Award Contract Task and Delivery Orders (Part I)

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SBA’s recently proposed rule seeks to officially broaden the reach of its “Rule of Two”–a government contracting requirement fundamental to supporting our nation’s small business infrastructure, policies, and goals. I emphasize “officially” because, even though this is technically a proposed change to SBA’s rules, it is really more of a “regulatory implementation” of judicial law than anything (don’t worry, we will go into more detail on this point later). Specially, SBA’s proposed rule would require the Rule of Two’s application to task orders and delivery orders under most standard multiple award contracts (MAC). This Part I blog will briefly explain what the Rule of Two is and detail SBA’s proposed update to it. But keep your eyes out for the soon-to-follow Part II blog on this topic. There, we will dig in a bit deeper to the Rule of Two, the policies driving it, and the potential implications for SBA’s proposed Rule of Two update.

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