SBA OHA: Operating Agreements Must Clearly Demonstrate Control

A recent appeal before the U.S. Small Business Administration’s Office of Hearings and Appeals (OHA) upheld SBA’s denial of an application for a veteran-owned small business because its operating agreement gave too much control to a non-veteran owner and failed to identify a veteran as the highest officer. The decision in Facekay LLC demonstrates the importance of strict adherence to the control requirements laid out by the various SBA programs.

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SmallGovCon Week in Review: October 28-November 1, 2024

Hello, Blog Readers and happy November! We hope you have had a productive month and are looking forward to finishing strong this year. It’s that time of year for looking at fall colors and going to the pumpkin patch, and handing out candy to trick or treaters. We hope you have a wonderful weekend and can get out a enjoy the fall weather in your neck of the woods.

This week in federal government contracting NASA has announced a $1.8 billion COSMOS contract and tech giants are pushing for legislation to streamline federal cloud procurement, aligning with the GSA’s advocacy for simpler cloud purchasing and value-based contracting. You can read more about these topics in the articles below, as well as other federal contracting news. Enjoy!

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Thank You, COFC Judicial Conference

I recently returned from the 35th Annual Judicial Conference for the Court of Federal Claims. I wanted to send a hearty thanks to all of the organizers of the conference, especially Judge Tapp! It was a great opportunity presenting on the topic of Private Conflicts: How the New Private Sector OCI Rules Could Impact Federal Procurement. I also thoroughly enjoyed the other presentations at the conference.

For those looking for more information on this topic, here are some resources for you:

SmallGovCon Week in Review: October 21-25, 2024

Happy Friday! I just got back from presenting at the 35th Judicial Conference for the United States Court of Federal Claims. It was a great experience and I got to learn from some very smart folks. But the wheel of federal contracting keeps turning, and this week was no different. Important stories included updates from a recent OIG SBA report, a bill to modernize federal cloud procurement, and the Army seeks to cut contract award times to six months. Have a great weekend.

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Event Announcement: NAPEX Fall Conference 2024

We are excited to announce that Nicole Pottroff will be attending the Fall NAPEX conference in Washington DC and will be presenting on legal updates on October 30. The conference gives agencies and primes the opportunity to promote supplier diversity programs and learn how the APEX Accelerators can partner and assist in meeting contracting goals.

The Association of Procurement Technical Assistance Centers (APTAC) is the professional organization of and for the DoD APEX Accelerators nationwide. APTAC supports the APEX Accelerators by providing important information, professional networking, comprehensive training and a voice in national government contracting assistance. They are a great resource for obtaining helpful information for federal government contractors. We certainly enjoy the opportunity to present throughout the year for this beneficial organization.

If you are attending, please stop by our table to say hello. Hope to see you there!

SmallGovCon Week in Review: October 14-18, 2024

Hello, SmallGovCon readers. We hope you are enjoying some nice fall weather wherever you are, here in Kansas our temperatures are finally down in the 70s, which has been a welcome relief. Some articles we’ve highlighted this week include multiple takes on the new CMMC rule finalized by the Pentagon, and a updates on DoD spending. You can read more about these topics and news from this week in the links below. 

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Preview Shows Changes to 8(a) Application in New SBA Portal

As many in federal contracting know, the SBA had its certification portal (certify.sba.gov) closed for upgrades for a few months. The SBA is replacing it with a new portal called MySBA Certifications which as of the writing of this blog post is now live. While it hasn’t been widely published, SBA released screenshots of this new portal, which indicate SBA is making some large changes to applications, especially for applications to the 8(a) Program. We here at SmallGovCon think it is important for Federal Contractors to be aware of these changes before utilizing this new portal.

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