GAO: Agency Has Discretion on Type of Socioeconomic Set-Aside for Procurement

From a recent GAO decision it appears that the ends can, in fact, justify the means; at least when it comes procurement set-asides for HUBZone companies. The decision is Foxhole Technology, Inc. B-419577 (May 12, 2021). In this matter, Foxhole Technology, Inc., a service-disabled veteran-owned small business, protested the Department of Education’s decision to set aside an RFQ to supply cybersecurity services for HUBZone businesses. In its protest, Foxhole argued that the agency’s decision to set aside the procurement for HUBZone small business concerns was based on inadequate market research and was therefore not justified. GAO denied the protest.

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New HUBZone Program Guidance Sheds Light on Principal Office Long-Term Investment Rules

The HUBZone Program has released updated FAQs that provide guidance on important HUBZone rules and how SBA will be interpreting them. While these don’t have the authority of a regulation, the new guidance shows how SBA will come down on certain HUBZone questions that aren’t answered in the regulations. These include the details on long-term investment in a principal office as well as a few other rules. Read on for how SBA will interpret these rules.

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2020 Rewind: The Year’s Biggest Government Contracting News Affecting Small Businesses

Let’s face it: most people won’t look back on 2020 with anything remotely approaching nostalgia.  Here at Koprince Law LLC, we are eager to turn the page and move on with 2021, too. 

But small businesses shouldn’t forget 2020 completely.  The year brought many important developments, including major changes to some key government contracting rules that our readers should remember.  So here, in a nutshell, are the most important 2020 government contracting changes and legal developments for small businesses. 

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SBA Inspector General Questions Legality of Relaxed HUBZone Residency Rule

Last December, SBA overhauled its HUBZone Program rules in an effort to make it easier for companies to obtain and maintain HUBZone certification–and to help the Government stop falling so woefully short of the three percent HUBZone prime contracting goal.

But now, in a new report, SBA’s internal watchdog is questioning whether one of those HUBZone Program changes went too far.

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Clean-Up on Aisle “FAR”: Joint Venture and Subcontracting Plan Rules Get Modernized

Joint ventures and small business subcontracting are two issues near and dear to the hearts of many small business federal contractors. Well, the Federal Acquisition Regulation will soon be updated with respect to both of these topics. The new rules will align with SBA’s rules and remove any inconsistencies. Let’s dive in!

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