OHA to Area Office: Prime-Subcontractor Teams are Different than Joint Ventures for Size Purposes

The ostensible subcontractor rule says that, for a small business or socioeconomic set-aside such as 8(a), the small business prime contractor must perform the primary and vital parts of the contract and can’t be unduly reliant on a subcontractor. If the small business is found to violate the rule, the size of the small prime contractor and the large subcontractor are grouped for size purposes, which can result in loss of award. But the ostensible subcontractor rule is different from SBA’s joint venture rules, because SBA rules (and other federal law) distinguish between a prime-sub team and a joint venture. In a recent decision, OHA reversed a determination that a small business prime was affiliated with a subcontractor where the Area Office mixed up the analysis of the ostensible subcontractor rule and the joint venture rules.

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Event: Understanding & Obtaining HUBZone Certification – Update 2021

Live Govology Webinar: April 8, 2021, 1:00-2:30pm EDT Instructors: Steven Koprince & Shane McCall

In late 2019, the SBA issued a final rule, making several changes to the HUBZone program. Join us as we discuss these changes as well as SBA’s related guidance and provide an overview of the HUBZone program’s requirements, including:

  • Ownership, control, and other HUBZone eligibility criteria.
  • Benefits: HUBZone set-asides, sole-source contracts, and price preference.
  • The principal office rule and why it may not be your headquarters.
  • The 35% employee rule and the “attempt to maintain” standard.
  • Who qualifies as an employee and what happens if they move.
  • The clear line of fracture standard.
  • Annual certification.
  • Program examinations.
  • Maintaining compliance in a changing landscape.

If you’re a HUBZone concern trying to navigate these uncharted waters or have thought about obtaining HUBZone certification in the future, this webinar is for you. Register here.

Small GovCon Week in Review: March 15-19

March Madness begins today and as residents of a city where basketball reigns supreme (Lawrence, Kansas) I can tell you that we are all beyond excited about the NCAA tournament. We have our brackets completed and locked in so let the games begin!

We are also seeing signs of Spring as the temperatures are warming, the rain is falling and the plants are starting to look green and bright after a long, cold winter. It’s a season of change which is also true in the world of government contracting with the announcement of a new SBA Administrator. Here are some highlights from this week.

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Event: Winning Relationships: Best Practices for Teaming, Mentor-Protégé & Joint Venture Agreements

You won’t want to miss this free event on Thursday, March 25, 2-4:00pm EDT, hosted by Michelle Gardner-Ince, Director of the Women-Owned Veteran Small Business Initiative (WVOSBI). This session will include a panel discussion by seasoned legal and successful business professionals Jackie Lopez, Sharon Athas Cote, John Devore, and our very own Koprince Law LLC, Managing Partner, Shane McCall.

This panel discussion will allow women business owners the opportunity to address operational, relational and legal best practices in the areas of teaming, mentor-protégé and joint venture agreements as well as proven recommendations for addressing some of the most pervasive problems in developing these types of agreements.

You are invited to join the discussion by registering here.

Koprince Law Discusses Teaming for Federal Contractors on Contracting Officer Podcast

I’m excited to announce that I am featured on the Contracting Officer Podcast, hosted by Kevin Jans and Paul Schauer! The episode is available here (Apple podcast here) and, in it, I discuss three common forms of contractor relationships: Teaming Agreements, Joint Venture Agreements, and the federal Mentor-Protégé Program. Be sure to check out this episode and the plethora of other podcast topics, helpful to both beginning and experienced federal contractors.

SmallGovCon Week in Review: Mar. 8 – Mar. 12, 2021

Happy Friday, SmallGovCon readers. The new movie Yes Day comes out today: a day where parents let kids be in charge for a day. And yes, we may be doing a similar thing at our house. For federal contractors, it may feel like it is always Yes Day when responding to government requests. But it can help to know just when you have to say yes to the government, and when you don’t have to.

Staying up to date with the latest in federal contracting can help when responding to the government. The updates this week included extension of leave reimbursement for contractors and other benefits for contractors in the latest COVID relief package, a DoD audit report about overpayments to contractors, and list of scams targeting SAM users.

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