Author Archives: Nicole Pottroff

Event: SBA Training Webinar on 8(a) Joint Ventures

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8(a) joint ventures are a powerful tool–both for non-8(a)s to participate in 8(a) contract opportunities and for 8(a) companies to gain valuable experience in their industries. But it is crucial that 8(a) joint ventures follow all of SBA’s requirements if they want to get (and keep) 8(a) awards.

Some of those requirements underwent significant revisions this past year. Join Shane McCall and me on February 9 for the SBA Training Webinar: 8(a) Joint Ventures, where we will discuss the ins and outs of 8(a) joint ventures and keep you up-to-date on all of SBA’s requirements.

Please register here. Hope to see you there!

New GovCon Handbook Arriving Soon! The 8(a) Program 2021 Edition

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I’m so excited to announce that a new Koprince Law LLC GovCon Handbook entitled, The 8(a) Program, is coming soon! This handbook–complete with all the SBA’s important changes from the past couple years–was co-authored by myself and Steven Koprince. It will be published through Amazon in the coming weeks. And don’t worry, we will keep you updated on the publication date and how to reserve an advance copy.

If you are thinking about applying to the 8(a) Program, currently going through the application process, or have already been admitted–this is the book for you. This book provides guidance on every step of the process, in plain English. It can help you navigate the ins and outs of the 8(a) Program, and even assist you in utilizing the full extent of your 8(a) Program opportunities. Stay tuned for more details!

Agency’s Decision to Cancel FAR Part 8 Solicitations and Move the Work to Existing Multiple Award Contract Was Flawed, Says COFC

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We already blogged on the COFC’s landmark Rule of Two decision in Tolliver Grp., Inc. v. United States. But the court’s two-part holding (in favor of the plaintiffs on both counts) was just too impactful for a single blog. Not only did the court fault the agency for failing to do a Rule of Two analysis before using an IDIQ, it also said that the agency failed to justify the decision to cancel the solicitations and switch contract vehicles under the Administrative Procedure Act (APA) standard of review, which the court called a “highly deferential”–but not “toothless”–review.

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Event: Still a Game Changer: The SBA’s All Small Mentor-Protégé Program (2021 Update)

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SBA’s All Small Mentor-Protégé Program isn’t a baby anymore—in fact, it isn’t even a toddler! But it remains a “game-changer” for large and small contractors alike. Now, it is effectively absorbing its 8(a) Mentor Protégé Program counterpart.

On February 11, please join me and Steven Koprince in an online session hosted by Govology where we cover the details of the recent mentor protégé program consolidation, along with all the other big changes to the program we’ve seen this last year.

Please click here for the registration information. Hope to see you there!

COFC Says Agency Must Consider Rule of Two Before Using Multiple-Award IDIQ Contract Vehicle

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The United States Court of Federal Claims (COFC) has ruled that an agency has to conduct a small business Rule of Two analysis before it can use an existing multiple-award indefinite delivery indefinite quantity (MAIDIQ) contract vehicle to procure services.  This is a landmark decision, given that GSA Schedule contracts are exempt from the Rule of Two.  

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Congress Says Small Businesses Without Past Performance Can Submit Joint Venture Experience Instead

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Per the 2021 NDAA that was recently approved by Congress, small business offerors without their own past performance experience can now submit experience earned as part of a joint venture–and the procuring agency must consider it. This change will significantly benefit newer companies that do not yet have the individual experience to successfully compete for government contracts (that is, assuming the President signs the NDAA). It will also add an incentive for start-up companies to take advantage of SBA’s joint venture opportunities.

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OHA: CVE Appeals Go Directly to Us, Not CVE

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OHA recently confirmed it lacked jurisdiction over a CVE appeal mistakenly filed with CVE, not OHA, by the deadline. You might be thinking: “Oh come on, the CVE appeal was filed with CVE on time!” But OHA’s strict timeliness rules make no exception for any such mistakes in the CVE appeal process. In fact, OHA disclaims the authority to even consider a late appeal, regardless of whether or not it was timely (but improperly) filed with CVE itself.

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