Back in 2021, GAO came down with a clear decision on whether Department of Defense (DoD) agencies could require a joint venture (JV) to have its own facility clearance level (FCL) if its component members held the required FCL themselves. Infopoint LLC, B-419856 (Aug. 27, 2021). That decision was “no,” and it was based on a very strong foundation: The 2020 National Defense Authorization Act (2020 NDAA), an act of Congress, contained a provision, Section 1629, expressly forbidding DoD agencies from doing such. We in fact did a blog post on this GAO decision and litigated this very matter. Despite this, in October 2023, the DoD quietly released a memorandum describing how they think they can still require JVs to have their own FCL. Today, we look at this memorandum to see what DoD is saying.
Continue readingCategory Archives: Federal Government Contracting
SmallGovCon Week in Review: Feb 26-March 1, 2024
Hello, blog readers and happy Friday. Can you believe it’s already March? In just a few short weeks, spring will (finally) be here!
We hope that you’re gearing up for a nice weekend. But before you punch out, let’s take a look at the-week that was. In this edition of the Week in Review, Congress passed a short term spending measure to avoid another government shutdown and a report was released citing that federal employee whistleblower complaints have dropped, and Congress is trying to improve small business contracting methods. You can read more about this and other federal government contracting news in the articles below.
Have a great weekend!
Continue reading2024 NDAA will Update DFARS to Require Evaluation of Small Business Affiliate Past Performance
The 2024 NDAA is directing quite a change in past performance evaluations for offerors in Department of Defense acquisitions. Historically, an offeror’s affiliate’s past performance is not automatically considered along with the offeror’s proposal, although an agency could consider it. The 2024 NDAA, though, has actually mandated a change within the DFARS that will up-end this long-held tenet for Department of Defense contracts.
Continue readingMyGovWatch YouTube Video Available Now!
Join our attorneys, Nicole Pottroff and John Holtz, on the latest edition of MyGovWatch, now on YouTube. This podcast, hosted by Nick Bernardo, covered a wide variety of current government contracting topics and answered all the right questions. From the migration of the Veteran Small Business Program from the VA to the SBA (and the first appeal reviewing SBA’s SDVOSB “grace period”)–to the most-recently updated size standards and the assignment of (the often incorrect) NAICS codes to federal contracts–all the way to SBA’s 8(a) Program and the effects of the recent federal court decision in Ultima –and everything in between.
You can watch this informative video here.
1 Day Virtual Event! The Essentials for Small Business Government Contracting, February 29, 2024
Whether you are a small, medium or even a large contractor seeking to team with small businesses, this course will discuss the different regulations you must follow, the different small business programs set up by the SBA, the advantages and disadvantages of the JV & Mentor Protégé programs, plus other topics of interest. This live virtual event will be hosted by Larry Allen and Nicole Pottroff and Stephanie Ellis will be joining Larry for the afternoon session. We hope you will consider attending this informative event! Register here.
SmallGovCon Week in Review: February 19-23, 2024
Happy final Friday of February! Can you believe that next week is March already? I guess we can start preparing for St. Patrick’s Day because it will be here soon. I think folks are hoping that our spring like weather will hold and that winter is over. Of course, in Kansas, the weather can change on a dime so we won’t count on it! Here’s hoping the weather is nice wherever you are and have a great weekend.
This week in federal government contracting news included reactions to proposed federal rules on cybersecurity for contractors, and an update on potential expanded whistleblower protections.
Continue readingFree Webinar! The SBA Mentor-Protégé Program hosted by Washington DC APEX Accelerators, February 27, 10:30am -12:30 PM EST
Touted as a “game-changer” when it was first introduced in 2016, the U.S. Small Business Administration’s All Small Mentor-Protégé Program isn’t new anymore. Known now as simply the “SBA Mentor-Protégé Program, it is still extremely powerful for large and small contractors alike.
In this webinar, Gregory Weber and I will explain the ins and out of the SBA Mentor-Protégé Program, covering the program’s eligibility requirements, its potent benefits (including the ability to form special Mentor-Protégé Joint Ventures), the application process, and common misconceptions and pitfalls. Target Audience: Small Businesses (SDVOSB, WOSB, HUBZone, 8(a), SDB) and large businesses interest in doing business with the federal government. Please join us and register here. And thanks to Earl King of the DC Department of Small and Local Business Development and Apex Accelerator for organizing this event.