SBA’s size protest rules contain a stick to force companies to respond to SBA as part of size determination. That stick is called the adverse inference rule. The adverse inference rule says that, if SBA requests specific information and a protested company refuses to provide it, SBA may assume that the missing information would show that the company is not a small business. In a recent decision, SBA’s Office of Hearings and Appeals (OHA) upheld the use of the adverse inference.
Continue readingAuthor Archives: Shane McCall
SmallGovCon Week in Review: November 13-17, 2023
Happy Friday! Next week is Thanksgiving and we want to take this opportunity to thank all of you for your support of SmallGovCon. We always strive to provide helpful content and we appreciate all the wonderful feedback that we have received from our readers. We hope you have a great Thanksgiving and are able to spend some time with friends and family.
This week in federal government contracting news include a plan to fund the government (hear that one before?), AI and its effect on government, and new GSA acquisitions.
Continue readingGovology Webinar Event: 2023 Government Contracting Year in Review, December 7, 2023, 1:00pm EST
In this webinar, Nicole Pottroff and I will cover some of the most important legal developments for federal contractors in 2023. Among other things, we will discuss
- Updates to the 8(a) rules and application procedures
- New small business rules
- Joint venture changes
- Updated SDVOSB certification requirements
- And more.
Hope you can join us. Register here.
SBA OIG Again Challenges SBA’s Revised Definition of a HUBZone Employee
The U.S. Small Business Administration’s Office of Inspector General isn’t mincing words–OIG thinks that SBA has strayed from Congressional intent with its expansive definition of who qualifies as a HUBZone employee for purposes of satisfying the HUBZone Program’s eligibility requirements. In a recent report, SBA OIG points out that SBA’s broad definition could result in a company becoming HUBZone-eligible even if none of the company’s employees currently live in HUBZones.
Continue readingEvent: Teaming Agreements & Subcontracts Workshop hosted by The Catalyst Center for Business & Entrepreneurship, November 16, 2023, 3:00-5:00pm CST
This workshop will focus on teaming agreements and subcontracts which can be essential to winning and successfully performing federal government contracts. Greg Weber and I will explain how to develop, negotiate and administer agreements that are both compliant and effective for both small and large contractors. The presentations will cover both the key rules (such as flow-downs and ostensible subcontractor affiliation) and best practices for agreements that go beyond the bare minimum legal requirements. Please join us! Register here.
SmallGovCon Week in Review, November 6-10, 2023, A Salute to Our Veterans!
Tomorrow is Veterans Day and SmallGovCon would like to thank our veterans for their service.
Here are some interesting historical facts about Veterans Day. It was on November 11, 1921, an unidentified American soldier killed in the war was buried at Arlington National Cemetery. The US Department of Veterans Affairs holds a ceremony each year in Arlington National cemetery, to honor and thank all who served in the US Armed Forces. The first celebration using the term Veterans Day occurred in Birmingham, Alabama, in 1947. You can read more about the history of Veterans Day here.
If you are not a veteran, please reach out and take a moment to thank those veterans in your life. We hope you will consider attending a Veterans Day event in your area to thank them for their service and honor their sacrifice.
And now, this week in federal government contracting news included a new contracting initative, increased use of AI, and cyber security updates.
Continue readingEvent: Encountering Innovation Conference hosted by Kansas APEX Accelerators, Nov. 13-17, 2023, Johnson County Community College
Encountering Innovation has quickly become one of the top US Pitch Events for Innovators/Inventors to present and showcase their technology to US Government Tech Scouts for special funding. Tech Scouts from the Department of Defense, Service Labs, Academia, and most US government agencies prioritize attending this week-long event to listen to pitches, examine poster board displays, discuss government needs, and chat with innovators from 8+ states during lunches and evening networking events.
Our very own, Nicole Pottroff, will be presenting at this conference on teaming agreements, November 14. Please join her for this informative presentation.
Also, DoD Tech Scouts and Prime Contractors will be looking for innovation and manufacturing capability solutions through intentional matched private pitch sessions. Register and find out more about this conference here.