Given that the customer in Federal Government Contracting is the United States government, many people assume that to be a “Small Business” for this industry, you must be owned by United States citizens or a United States business. While this distinction could matter for other federal government contracting purposes, to simply qualify as a small business under SBA rules, a business does not necessarily need to be owned by a United States citizen or business. This installment of our GovCon FAQ series will discuss how a foreign-owned business can still be seen as a small business under SBA rules.
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GovConFAQ: How Do I Count My Joint Venture’s Receipts When Determining My Size?
Joint ventures are an increasingly common teaming structure in small business federal government contracting. They offer small businesses (and even some SBA-approved large business mentors) the opportunity to perform set-aside contracts as part of a team allowed to leverage the size and status(es) of its managing venturer. But with their growing popularity and obvious appeal amongst the small business community comes the often-asked question of how to calculate a joint venture’s receipts towards its venturers’ sizes. This GovConFAQ provides the answer.
Continue readingGovCon FAQs: What Costs Can I Exclude From Limitations on Subcontracting Calculations?
If your small business performs federal government contracts, chances are, you’ve already calculated your small business’s compliance with the applicable limitation on subcontracting (LoS) a time or two. But whether you’re new to the LoS equation–or you’ve long since mastered that math–knowing which costs you can exclude from your calculations is vital. Indeed, such can impact everything from the accuracy of a bidder’s regulatory compliance representations and certifications to a contractor’s critical contract performance and subcontracting decisions. In fact, under current SBA affiliation regulations, LoS compliance can even provide a defense to certain contract-specific findings of affiliation. But calculating LoS compliance and determining exactly which costs to include and exclude on a given contract is not always easy or straightforward. And that’s why we so frequently get this question and break down the answer in this article.
Continue readingGovCon FAQs: Should I Apply Simultaneously for All SBA Statuses I’m Eligible For?
In September 2024, following a temporary application and system pause, SBA switched over to a new, streamlined and unified application portal. Now, applications for the SBA’s 8(a) Program, HUBZone Program, Veteran-Owned Programs, and Woman-Owned Programs all go through MySBACertifications.Gov. Unlike prior portals and procedures, through this one, those eligible have the option to apply for multiple SBA small business contracting programs simultaneously. But the question is, what are the potential risks and benefits of doing so?
Continue readingGovCon FAQs: My Contract Was Terminated For Convenience, What Do I Do?
“Hope for the best, prepare for the worst” is an adage that many of us repeat in our conversations, but we never expect the worst to actually happen. For federal contractors, one of the worst things that could happen is having a contract terminated–even if the termination is for convenience. Even if you prepare for the worst, the question inevitably becomes, what do I do now? In this GovCon FAQ, we will discuss terminations for convenience and what steps to take after receiving the dreaded termination notice.
Continue readingGovCon FAQs: How Can I Maximize My Teammates’ Participation in Performing Larger Government Contracts?
Most federal contractors are well-aware of the potential benefits of using one of the FAR-prescribed teaming options to perform government contracts. But one question we get a lot from small business federal contractors is how to most effectively utilize those teaming options (i.e., how to maximize team participation) on larger government contracts within the bounds and limitations of the law. And luckily, we’ve got a formula for that.
Continue readingTAA Can Apply to Small Business Set-Aside: COC Clarifies Trade Agreements Act and Buy American Act Applicability
The Trade Agreements Act (TAA) and Buy American Act (BAA) are among the most complex regulatory systems in federal contracting. There’s been a lot of confusion from both contractors and agencies on when they apply to a procurement and how. We have written on the BAA and TAA in the past. Recently, the Court of Federal Claims issued a decision (Davinci Co., LLC v. United States, 178 Fed. Cl. 63 (2025)) discussing how the two laws interact, and showed that how they apply depends significantly on the circumstances of the procurement, providing some clarification on a past GAO decision we wrote on as well (which held that the TAA is inapplicable to small business set-asides). We will explore that here.
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