Webinar! Small Business Certifications, March 20, 2024, 10:00-11:00 am CDT

Please join federal government contracts attorneys Nicole Pottroff & Greg Weber for this informative webinar on SBA certifications hosted by Catalyst Center for Business & Entrepreneurship. Participants will get an overview about the Small Business Certifications including:

  • Woman Owned Small Business and Economically Disadvantaged Woman Owned Small Business
  • 8(a)  Business Development Program
  • HUBZone (Historically Underutilized Business Zone)
  • Service Disabled Veteran Owned Small Business

We will discuss how to get certified, how long it may take, regulations, changes, updates, and tips and tricks on how to be prepared. Please Register here.

SmallGovCon Week in Review: March 11-15, 2024

Happy Friday and happy, early Saint Patrick’s Day. We hope you have some fun things planned for the weekend. Here, in Lawrence, Kansas, preparations are underway for the annual St. Patty’s Day parade. It seems the whole town comes out to celebrate and it’s a very fun and festive spectacle. I think more than anything, people are just ready to get outside to enjoy the warmer temperatures.

Before you head into your weekend activities, here are a few articles on what’s happening in the federal government contracting world. Enjoy the weekend and don’t forget to wear green!

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SmallGovCon Week in Review: March 4-8, 2024

Happy Friday! March Madness is upon us! For you college basketball fans, it’s a great time of year. The upsets keep things exciting, even if they do bust everyone’s brackets. I guess that’s what makes March Madness so maddening and exciting–one can never predict the outcome. Listening to the news out of the federal government can sometimes feel like March Madness.

So, before you start your weekend of studying those basketball stats, here are some things that happened in federal government contracting this week. These include updates on government spending bills, AI, and use of apprentices. Have a wonderful weekend.

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Playing Dr. Frankenstein: DoD Memo Tries to Revive Joint Venture Facility Clearance Requirements

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.

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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!

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2024 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.

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