How agencies evaluate past performance of joint ventures has been a somewhat confusing topic for federal contractors over the past few years. We’ve written about many of the key aspects of the evolution of this rule on SmallGovCon, from the earlier final rule to recent decisions interpreting that rule. The proposed rule would clarify how SBA thinks agencies should review past performance for joint ventures, but it also invites comment from contractors. This is an area where input from the federal contracting community could really have an impact on the final version of SBA’s rule.
Continue readingAuthor Archives: Shane McCall
News Flash: SBA Issues Proposed Rule with HUBZone and Small Business Changes
The SBA has issued a new proposed rule addressing both the Historically Underutilized Business Zone
(HUBZone) Program and other small business updates. It is titled: “HUBZone Program Updates and Clarifications, and Clarifications to Other Small Business Programs.” In this post, we’ll provide an overview of some of the main highlights of the proposed rule, and will do a deeper dive on some aspects of the regulation in later posts.
SmallGovCon Week in Review: August 19-23, 2024
Hello and happy Friday! Here, in Lawrence, Kansas, the kids have started school and the college students are busy moving in and preparing to start classes. It always feels like such a big shift in the energy with all the excitement and the many back to school events taking place.
This week in federal government contracting, the recent headlines highlight a wide array of developments within federal operations, emphasizing both accountability and innovation. You can read more about this week’s news in the articles below. Enjoy your weekend!
Continue readingWebinar Event: Joint Ventures A Powerful Small Business Tool hosted by the Catalyst Center for Business & Entrepreneurship, August 28, 2024
The Catalyst Center for Business & Entrepreneurship is hosting this helpful, virtual workshop on August 28 at 10:00am CDT. Joint ventures can be a powerful tool for companies to jointly compete for proposals and combine the best of their capabilities to perform their awards. This webinar, presented by federal government contracts attorney, Gregory Weber, will address the benefits of joint venturing, eligibility, how past performance comes into play, and the differences between a joint venture and a teaming agreement. He will also discuss how to make sure a joint venture agreement is compliant with the latest rules, how to set them up, and how to avoid some common traps in the process. Register here.
SmallGovCon Week in Review: August 12-16, 2024
Happy Friday, blog readers, and welcome to the week in review. Recent legislative and agency initiatives are shaping the landscape for federal contracting, cybersecurity, and support for veterans and small businesses, this week. A bipartisan Senate bill seeks to mandate cybersecurity vulnerability disclosures by contractors, enhancing national security. In parallel, the Pentagon’s release of key Cybersecurity Maturity Model Certification (CMMC) contracting rules aims to fortify the defense supply chain against cyber threats.
On the small business front, the Small Business Administration (SBA) and the Department of Veterans Affairs (VA) are collaborating to promote veteran entrepreneurship, while various committees and task forces are actively addressing regulatory fairness and development support for veteran-owned businesses. These efforts, coupled with the General Services Administration’s (GSA) celebration of the Inflation Reduction Act’s two-year anniversary, underscore the federal government’s commitment to fostering a robust, secure, and inclusive economic environment. You can read more about those topics in the articles below. Have a great weekend!
Continue readingSBA: Ostensible Subcontractor Affiliation Arises from Improper Limitations on Subcontracting in Proposal
The SBA ostensible subcontractor affiliation rule has long confused contractors and their attorneys alike because its standards were not very clear. It was based on whether, in a small business contract, a subcontractor performs the “primary and vital requirements of a contract” or the prime contractor was “unusually reliant” on the subcontractor. SBA’s Office of Hearings and Appeals filled in the gaps on these terms. But in 2023, SBA updated its definition for these rules, declaring that if a small business prime contractor (other than under a general construction contract) met the limitations on subcontracting, it basically was not violating the ostensible subcontractor rule. A recent case looked at a circumstance where a small business prime contractor was not meeting the limitations on subcontracting.
Continue readingSmallGovCon Week in Review: August 5-9, 2024
Happy Friday, All. Please enjoy our latest week in review in order to stay on top of federal contracting news. Some interesting stories include Senate efforts to enhance oversight of Other Transaction Authority (OTA) agreements and address delays in Major Acquisition Programs (MTA). Meanwhile, the GSA is pushing forward with updated standards to accelerate federal buildings toward zero emissions, reflecting a broader shift towards sustainability. In cybersecurity, CISA’s CDM program is set to tackle emerging threats in the cloud, while the Department of State is piloting AI adoption to improve operations. You can read more about these topics in the articles below. Have a great weekend!
Continue reading