SmallGovCon Week in Review: July 31 – August 4, 2023

Happy Friday, Readers! As we move into a new month this week, big things are happening in the world of federal government contracting, from the impacts of recent federal court decisions on SBA’s 8(a) Program–to the ever-developing conversations about artificial intelligence and social media (and the benefits, limitations, and concerns surrounding each). But amidst many a changing landscape, some things certainly remain constant–the likelihood of facing severe consequences for dishonesty and fraud at the federal government level, for one. Read about all of these topics and many more in the articles below. And have a great weekend!

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SBA Puts “Temporary Pause” on New 8(a) Program Application Submissions

The SBA’s Office of Government Contracting and Business Development, the office that handles the 8(a) Business Development Program applications, has just confirmed that SBA has “temporarily paused” the submission of new 8(a) Program applications in light of the recent decision by the federal district court of the Eastern District of Tennessee.

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SmallGovCon Week in Review: July 17-21, 2023

Hello and Happy Friday! We hope you had great week and are finishing the week strong today. The SBA and Whitehouse announced that the current administration exceeded its small business goal with a record breaking $163 Billion in federal procurement opportunities. That’s an $8.7 billion increase from the previous year, which is great news for small businesses. You can read more about this and other newsworthy articles below. Have a great weekend.

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Webinar: CMS Reverse Industry Day, August 3, 2023, 10:00am EDT

On behalf of CMS (Centers for Medicaid & Medicare Services), the National Contract Management Association (NCMA) and the Professional Services Council (PSC) will host a 90-minute virtual industry-led discussion, with our very own Nicole Pottroff as a presenter. The webinar will provide an in-depth look and interactive conversation regarding CMS procurement protests–the common factors and considerations contractors take into account when deciding whether to protest CMS procurement decisions, when to protest them, where to protest them, etc.–and what actions CMS program and contract officials could take during the procurement process to reduce the likelihood of a preventable protest and help ensure fair and transparent competitions and acquisitions. Topics may include:
• Current protest trends at CMS and comparisons to HHS and other civilian agencies;
• Recompetes v. new requirements – understanding the incumbent advantage and how to ensure fairness for all;
• Joint Venture (JV) and Mentor-Protégé JV arrangements and small business set aside decisions;
• Price realism / avoiding the “race to the bottom”;
• Best value trade off decisions v. Lowest Price Technically Acceptable (LPTA) evaluations;
• Different types of evaluation methodologies (e.g., oral presentations, coding challenges, self-score cards, etc.);
• What makes a quality debrief; and
• Industry answers to Government questions regarding protests.

Please register here for this informative event.

First OHA HUBZone Appeal Debuts on the Docket

It’s here–the first ever SBA Office of Hearings and Appeals (OHA) HUBZone appeal decision! Sure, it is a very short decision and a dismissal–in fact, one reiterating some of the limitations of the new appeal avenue. But that doesn’t make it any less important. This is still SBA OHA’s first ever HUBZone appeal decision, only made possible by the SBA’s recent issuance of a new rule allowing HUBZone appeals (again, in limited circumstances). Let’s take a closer look.

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SBA Revisions to the “Two-Year Rule” for Joint Ventures: a Reminder to Read the Entire Rule

SBA recently revised its affiliation regulations in a number of ways, some of which we have already discussed here. We have likely sounded pretty upbeat about most of SBA’s recent updates thus far, as the majority do seem to be a step in the right direction–adding clarity to SBA’s rules and furthering the policies SBA seeks to enforce. Well, not trying to rain on any parades here, but at least one of SBA’s recent regulatory updates, (at least in our humble opinion) has the potential to confuse federal contractors regarding SBA’s affiliation rules. That update revised the language in SBA’s “Two-Year Rule” for small business joint ventures–though, it really didn’t change the substance or effect of the rule, at all. Let’s take a closer look.

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SmallGovCon Week in Review: June 5-9, 2023

Happy Friday, Readers! As temperatures climb in this now official Kansas summer, so does federal government spending. But with more spending, comes more responsibility. A lot has happened this week! The FAR council proposed to ban TikTok for contractors. NASA is planning some extensive tech development, with the help of small businesses. And NOAA issued a massive $8 billion RFP for a scientific and professional services acquisition. Enjoy the articles below and your weekend!

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