Happy Friday! It’s been another eventful stretch across the federal landscape, as agencies continue navigating everything from sweeping acquisition updates to the lingering aftershocks of the longest government shutdown on record. In other news, SBA has cleared its VetCert backlog for SDVOSB companies. Check out the articles below for the full rundown and enjoy your weekend!
Continue readingLong-time SmallGovCon readers are probably aware of the thorny issues presented by an SBA finding of affiliation. When set aside contracts are dependent on a small business size status, an allegation of affiliation with a large business can be a crisis for a small business contractor. SBA’s affiliation doctrine is large and complex (so much so that we have an entire handbook dedicated to the subject). But there is one catch-all affiliation provision that is perhaps the murkiest area of all, meaning the hardest to predict). If SBA does not find affiliation based on things like common ownership or common management (relatively straightforward concepts), it can nonetheless find affiliation based on “the totality of the circumstances.”
A recent OHA decision found affiliation based on totality of the circumstances, in part based on loans causing economic dependence, heavy reliance on infrastructure of an affiliate, and involvement in banking and operations.
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Today, on Veterans Day, we at SmallGovCon take a moment to honor the brave men and women who’ve served our country. We salute those who’ve worn the uniform and their families who’ve stood beside them. Both today and whenever we have the chance.
Because this is a legal blog, we also want to remind you of the federal government’s program for Service-Disabled Veteran-Owned Small Businesses. Those benefits are available to those with disabled status based on their service, and those who work at their companies. It is a program that we hope to see grow even more important in the future.
For our service-disabled veteran readers and our veteran readers, we wish to say thank you. And Happy Veterans Day.
I recently attended the NAPEX Fall conference in DC this past week. I was able to speak on the topic of The FAR Overhaul and Legal Updates for 2025. It was a great presentation with some insightful questions. Thanks to all the wonderful Apex Accelerator folks for saying hi to me.
It’s Friday and time for another week in review. This week was full of updates about the effects of the government shutdown. In other news, OPM is pushing to boost tech expertise and the DoD is looking to streamline acquisitions and hear from small businesses ahead of new cybersecurity standards (CMMC). You can read more about these stories and other federal government contracting developments in the articles below.
Have a great weekend.
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In this webinar, hosted by the El Paso Texas APEX Accelerators, government contracting attorneys and authors Shane McCall and John Holtz will discuss the most important legal developments for federal contractors in 2025. Specifically, they will discuss the many FAR changes, important new small business rules and processing for various SBA certifications, recent cases pertinent to federal contractors, and more. This presentation will help federal contractors stay up to date on current federal regulatory and legal changes. We hope you will join us!
Please register: Here
Happy Halloween! We hope you have the candy purchased and are ready for the trick or treaters.
And speaking of scary things, another week of the government shutdown which is creating a lot of uncertainty about when agreement can be reached. One data point: all shut downs in the past have ended. But these stories illustrate how it has created a ripple effect for federal contractors and government personnel.
Our very own SmallGovCon contributor, Nicole Pottroff, was interviewed about the SBA’s 8(a) Program’s internal review and the importance of compliance. You can read that article in full below. Have a great weekend and enjoy the spooky visitors this evening.
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October and November always seem to be a popular conference season in the federal contracting world. Last week attorney-author Greg Weber was in Oklahoma. This week saw Nicole Pottroff visit the GovCon Kansas City 2025 to present on the topic of the Top 21 Legal Mistakes in Federal Government Contracting. It was a great event with a lot of enthusiastic attendees and interesting questions. Thanks to the organizers including the Missouri APEX Accelerator for inviting us to present!
While news of the shutdown is high on the list of articles this week, there were also updates on CMMC, federal hiring and workforce, and a spotlight on the 8(a) Program.
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