End of the Bona Fide Place of Business Moratorium

SBA requires that, for 8(a) Program construction contract set-asides, the contractor must have a “a bona fide place of business in the applicable geographic area.” 13 C.F.R. § 124.501. In 2021, SBA suspended the enforcement of this requirement in light of the COVID-19 pandemic. On June 17, 2025, SBA announced that this moratorium is coming to an end. In this post, we’ll look at the rule and what the end of this moratorium means for 8(a) construction contractors.

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SmallGovCon Week in Review: June 16-20, 2025

Happy Friday! Juneteenth, celebrated on June 19th, marks a powerful moment in American history—the day in 1865 when enslaved people in Galveston, Texas, learned they were free, more than two years after the Emancipation Proclamation. It stands as a celebration of freedom, resilience, and the ongoing struggle for equality. Have a wonderful weekend!

This week in federal government contracting news, keep your eyes on increased review of contracts at DHS, GSA’s plans for tech resellers, and reversals of some cuts at DOE.

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SmallGovCon Week in Review: June 9-13, 2025

Another work week in the books. Hope you had a great one. Happy Father’s Day to all the dads out there and hope they have a relaxing weekend!

This week in federal government contracting included stories about DoD fraud, DOGE cost-savings, and GSA centralizing additional work.

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Webinar! SBA & DoD Mentor-Protégé Program, June 24, 2025, 10:00-11:30am MDT, hosted by Texas El Paso APEX Accelerators

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 useful for large and small contractors alike.

Government contracts attorneys John Holtz and Stephanie Ellis of Koprince McCall Pottroff LLC will explain the ins and outs of the SBA Mentor-Protégé Program, covering the program’s eligibility requirements, its potential benefits (including the ability to form special mentor-protégé joint ventures), the application process, and common misconceptions and pitfalls. Additionally,they will provide an introduction to the even older DoD Mentor-Protégé Program, which set the stage for the SBA’s program, and compare the two programs.

Register here.

SmallGovCon Week in Review: June 2-6, 2025

Happy Friday! Hope you are ready for a great weekend! Lots going on the federal government contracting world this week. This included updates on the FAR overhaul, as well as budget cuts at SBA that could leave SCORE and other programs in trouble if budget cuts go through.

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FAR 52.222-46 Again? GAO Sustains Protest that Agency Price Evaluation was Unreasonable

Agencies get a lot of discretion when it comes to evaluating proposals. We’ve explored several different cases where GAO affirmed this principle. However, this principle is not absolute. Contrary to what some might think, there are limits on an agency’s discretion when it comes to how it evaluates proposals. Recently, the Air Force was reminded of this fact in a GAO protest concerning a price evaluation. We explore that decision here.

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COFC: Ostensible Subcontractor Rule for General Construction Still Looks at all Circumstances 

As frequent SmallGovCon readers know, the Small Business Administration’s ostensible subcontractor rule can be tricky to navigate. The rule requires contractors not to rely too heavily on a subcontractor in the performance of a contract set aside under an SBA socioeconomic program, but what constitutes relying too heavily can be confusing for small business contractors. Without a clear measure of how reliant is too reliant, businesses have to worry that they may be denied an award or even worse, lose one in a post-award protest. In a recent decision, Daniels Building Company, Inc. v. United States, 24-1787, 175 Fed. Cl. 767 (2025), the Court of Federal Claims (COFC) provided potentially helpful insight into what SBA’s Office of Hearings and Appeals (OHA) and the Court of Federal Claims will consider when determining whether a prime contractor is “unusually reliant” on its subcontractor. 

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