As you likely know if you have been anywhere around federal government contracting lately, the SBA’s 8(a) Program is in a little bit of an upheaval. Due to a court case we have blogged on, SBA is subject to a court order with how it administers certain aspects of the 8(a) Program and has temporarily suspended new 8(a) Program applications. However, there are many contractors already in the 8(a) Program that SBA is now asking to complete social disadvantage narratives to allow for continued eligibility. SBA held a webinar on August 24, 2023 to discuss what they expect from social disadvantage narratives submitted by these current 8(a) Program participants. What SBA expressed represents a change to how SBA has reviewed social disadvantage in the past. But we are here to walk you through some of these changes.
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Koprince McCall Pottroff’s GovCon Handbook, SBA Small Business Size and Affiliation Rules, is Now Available!
We are pleased to announce that the Second Edition of the GovCon Handbook, SBA Small Business Size and Affiliation Rules, is now available!
Is your small business really small? When it comes to federal government contracts, the answer can be a lot more complex than it sounds.
In this GovCon Handbook, government contracts attorneys provide an in-depth look at the size and affiliation regulations for federal contractors. Written in plain English and packed with easy to understand examples, this GovCon Handbook demystifies the SBA’s rules regarding small business status for government contracts.
This updated handbook was co-authored by me and Nicole Pottroff as well as firm founder Steven Koprince. It is now available through Amazon at this link.
SBA Clarifies Inconsistencies in 8(a) and Mentor-Protégé Ownership Rules
A lot has been happening in the 8(a) Business Development Program world over the past couple of weeks. SBA has been busy updating regulations applicable to the 8(a) Program to both bring SBA rules into alignment with the economic realities in a post-COVID world and to make 8(a) requirements more uniform across the board. Here, we focus on a change to ownership rules for non-disadvantaged owners of 8(a) Program participants that are also part of an SBA-approved Mentor-Protégé Agreement.
Continue readingSenate-Passed 2024 NDAA set to Raise DoD Set-Aside Sole-Source Contract Threshold Limits
Through an amendment to the Senate-Passed 2024 NDAA, the Department of Defense (“DoD”) sole source threshold for many socioeconomic set-aside programs would be increased significantly under the Senate-passed version of the 2024 National Defense Authorization Act. Also a method to adjust DoD sole-source thresholds for inflation would be created.
Continue reading$162B in Small Business Contracts: SBA Releases Small Business Scorecards for FY 2022
The SBA published its annual Government Wide Small Business Procurement Scorecard for fiscal year 2022, and it appears that nearly every type of small business set-aside by the SBA, with the continued exception for Woman-Owned Small Businesses and HUBZone businesses, either met or exceeded their goal. Overall, agencies exceeded their goals for the year, earning an overall score of “A” due to meeting the small business contracting goals with 104.05% of the total goal.
Continue readingDoD Revises its Other Transactions Guide
Something we frequently hear, when talking to those involved in the federal contracting industry, is that just when you think you have a handle on all the different ways federal contracting is run, you find out about another new program, authority, protest, guidance, regulation, or any other possible wrinkle of federal contracting. One prime example of this is that many individuals getting into federal contracting will often be surprised that the FAR is not the only standard that may drive how a procurement activity is handled. As we have blogged about in the past, “Other Transaction Authority” can come into play on certain procurements. The Department of Defense (“DoD”) utilizes this unique type of procurement authority and releases an “Other Transaction Guide” to dictate how this authority will be used. But with all things, only change is guaranteed, and any contractor who thought they knew this unique procurement authority’s ins and outs will need to take another look, as the DoD has just released a revised “Other Transactions Guide” based on industry guidance and regulatory changes.
Continue readingRecent NAICS Code Appeal Demonstrates Contractor Strategy to Limit Competition
While every federal government contractor is likely familiar with bid protests, whether directly involved in one or not, it is far less likely that those same contractors are as familiar with NAICS code appeals. This is probably due to the infrequent nature of NAICS code appeals, with roughly 20 being filed each year. However, even if so few are filed annually, they tend to have a relatively high success rate, with appeals decided on the merits being decided in favor of the Appellant about 50% of the time. Below, I will take a look at a recent NAICS code appeal to help demonstrate what the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) takes into account when reviewing NAICS code appeals, and why you, as a contractor, should review a solicitation’s classification to potentially give you a leg up.
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