We regularly get questions about sole source awards, and we have received several questions over the years asking for clarity on when an agency must notify contractors about a planned sole source award. This is a very good question, as such notice requirements can significantly impact the ability to challenge such decisions. We think it’s high time that we help provide some clarity on one of the more complex areas of federal contracting: When an agency must publish notice of its plan to sole source a contract.
Continue readingCategory Archives: GovCon FAQs
GovCon FAQs: How Do I Protest an FAA Acquisition at ODRA?
In the world of bid protests, GAO gets some of the spotlight because there are so many protests filed there. COFC seems to get plenty of attention because of the complexity and scope of its decisions. The Office of Dispute Resolution for Acquisition (ODRA)? Well, not so much. ODRA is a bit like the forgotten child of the bid protest family—rarely the first name that comes to mind, but very important when it comes to protesting a Federal Aviation Administration (FAA) acquisition. While they are fewer in number, it’s important for any contractor working with the FAA to know this protest option, either to pursue it as a protester or if its award gets protested. This blog post puts ODRA into the spotlight for a change and showcases the process for protesting an FAA acquisition.
Continue readingGovCon FAQ: Can a Foreign-Owned Entity Be a Small Business Under SBA Rules?
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.
Continue readingGovConFAQ: 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 reading