Agency Could Not Accept Price Above Awardee’s FSS Price, GAO Says

If you feel like prices for just about everything are going up, you’re not alone. I recently got my annual property tax bill, and the first thing I did (after recovering from a brief fainting spell) was to start Googling to find out how much I could get for one of my kidneys on the black market.

I get the feeling that my county tax assessor would consider anything less than a double digit increase to be an embarrassing professional failure. In federal government contracting, however, a contractor may not have the same leeway to raise its prices. In a recent bid protest decision, the GAO held that when an agency sought to procure services using the Federal Supply Schedule, the agency could not agree to pay a price higher than the price set forth in the offeror’s underlying FSS contract.

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Five Things I’ve Learned as a Government Contracts Lawyer

As many readers know, I am retiring from private legal practice to focus on teaching, writing, and other interests. The wonderful team of government contracts professionals here at Koprince McCall Pottroff will continue assisting contractors with their legal needs. I couldn’t be prouder of our wonderful team of attorneys and staff!

For my last SmallGovCon blog post, in the tradition of our “Five Things You Should Know” series, here are five big-picture things I’ve learned in my years as a government contracts attorney. Oh, and whether this is the first post of mine you’ve read or the 1,200th (yes, I’ve written that many here on SmallGovCon), thank you!

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Franchise Agreement Terms Sink Company’s SDVOSB Application

It’s a refrain that my colleagues and I have often heard: if you’re a franchisee, it can be really, really hard–perhaps almost impossible–to be verified as a service-disabled veteran-owned small business.

A recent case demonstrates the difficulties in obtaining SDVOSB status as a franchisee. In the case, the SBA’s Office of Hearings and Appeals held that the Center for Verification and Eligibility had correctly denied a company’s SDVOSB application because, in the eyes of the CVE and SBA, the terms of the franchise agreement impeded the veteran’s control of the company.

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SBA Proposes Rule to Use 24-Month Period to Calculate Number of Employees

The SBA has released a proposed rule to use a 24-month period to calculate a company’s number of employees for eligibility purposes in all of SBA’s programs. This change will affect any business seeking to qualify as small under an employee-based NAICS code, such as those applicable to manufactured products.

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Five (More) Things You Should Know: Common Vaccine Mandate Misconceptions

The vaccine mandate remains the talk of the governing contracting community. Even as a new lawsuit seeks to block the mandate, many contractors are working feverishly in an effort to comply.

Last week, I addressed responses to five common misconceptions I am hearing about the vaccine mandate. But I am seeing many more misconceptions, and updated guidance from the Safer Federal Workforce Task Force helps address some of them. So let’s take a look at five more common misconceptions about the contractor vaccine mandate.

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Event: Contractor Vaccine Mandate Webinar, Hosted by Govology

Here at Koprince McCall Pottroff LLC, we’ve had a lot of contractors ask, “are you going to give a webinar on the contractor vaccine mandate?” I am pleased to say that the answer is yes.

On November 17, please join me and Shane McCall for a special Govology webinar on the vaccine mandate. We will cover which contractors and subcontractors must comply, which employees are covered, when employees must be vaccinated, how employers should confirm employee vaccination, and much more, including the latest guidance from the Safer Federal Workplace Task Force.

It’s easy to register: just click here. See you on November 17!

Five Things You Should Know: Common Misconceptions about the Contractor Vaccine Mandate

The contractor vaccine mandate is the talk of the government contracting community. As contractors scramble to understand the ins-and-outs of the new requirement, my colleagues and I are seeing some of the same misconceptions repeatedly arise.

Without further ado, here are five common misconceptions about the contractor vaccine mandate, and the actual rules you should know in regards to each.

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