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# SmallGovCon - Government Contracts Law Blog

Legal news and notes for small government contractors

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## Posts

- [COFC Confirms: Mentor-Protege JVs from the Same Mentor Can't Bid Against Each Other](https://smallgovcon.com/u-s-court-of-federal-claims/cofc-confirms-mentor-protege-jvs-from-the-same-mentor-cant-bid-against-each-other/) - Those who work within the federal government contracting world are likely to have noticed that, lately, many large indefinite delivery, indefinite quantity (IDIQ) contracting vehicles are soliciting offers. However, with large contracting vehicles, which are often worth billions of dollars and promise many awards, there are often many protests. And Polaris, Transformation Twenty-One Total Technology
- [COFC Part II: Evaluation of Mentor-Protégé Joint Ventures](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/cofc-part-ii-evaluation-of-mentor-protege-joint-ventures/) - A couple of weeks ago, I explored the Court of Federal Claims case of SH Synergy, LLC v. United States. In that blog, linked below, I looked at the first question raised in the protest that centered on the question of whether a mentor with two approved mentor protégé joint ventures with two different protégés
- [Event Announcement: Procurement & Contracting Symposium hosted by Texas El Paso APEX Accelerators, July 25, 2023](https://smallgovcon.com/events/event-announcement-procurement-contracting-symposium-hosted-by-texas-el-paso-apex-accelerators-july-25-2023/) - I'm very excited to be speaking at the Procurement & Contracting Symposium held at EPCC Administrative Services Center (ASC) in El Paso, Texas on July 25. The wonderful Pablo Armendariz is putting this one together. I'll be providing a comprehensive update on the most important government contracting legal changes. It's going to be a great
- [SmallGovCon Week in Review: June 19-23, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-19-23-2023/) - Happy Friday and happy Summer Solstice! It's officially summer and the temperatures here in Lawrence, Kansas sure feel like it. We have been in the 90's this week and we are certainly grateful for air conditioning (and maybe even looking forward to winter). We hope our readers have some fun summer vacation plans and find
- [SBA Final Rule Relaxes Change of 8(a) Program Ownership, Allows Limited Populated Joint Ventures](https://smallgovcon.com/statutes-and-regulations/sba-final-rule-relaxes-change-of-8a-program-ownership-allows-limited-populated-joint-ventures/) - SBA has issued a final rule updating some of its rules relating to the 8(a) Program. The final rule will have an impact on some aspects of ownership and control requirements for the 8(a) Program, including providing some flexibility for change of ownership and making some 8(a) set-aside processes a little cleaner. The rule would
- [Clarity is Key: An Example of Why Clear Language is Important for Showing SDVOSB Control](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/clarity-is-key-an-example-of-why-clear-language-is-important-for-showing-sdvosb-control/) - While SBA has taken over SDVOSB certification from the VA (along with some other rule changes), some things remain the same. One thing which we think will never change, is that making sure the language in your agreements is clear, is vital for the federal contractor (and indeed all businesses). While this is obvious for
- [SmallGovCon Week in Review: June 12-16, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-12-16-2023/) - Happy Friday! Monday is our newest federal holiday, Junteenth. Courtesy of History.com, Juneteenth (short for “June Nineteenth”) marks the day when federal troops arrived in Galveston, Texas in 1865 to take control of the state and ensure that all enslaved people be freed. The troops’ arrival came a full two and a half years after the signing of the Emancipation Proclamation.
- [Event: SBA Mentor Protege Program Webinar hosted by Texas El Paso APEX Accelerators, June 27, 10:00am-11:30am MDT](https://smallgovcon.com/events/event-sba-mentor-protege-program-webinar-hosted-by-texas-el-paso-apex-accelerators-june-27-1000am-1130am-mdt/) - Touted as a “game-changer” when it was first introduced in 2016, the U.S. Small Business Administration’s All Small Mentor-Protégé Program isn’t new anymore. Known now as simply the “SBA Mentor-Protégé Program,” it is still extremely powerful for large and small contractors alike. In this course, Koprince McCall Pottroff LLC government contracts attorneys Stephanie Ellis and
- [Exception to the Rule: Evaluating Price at IDIQ Versus Order Level Is a Limited Exception](https://smallgovcon.com/statutes-and-regulations/exception-to-the-rule-evaluating-price-at-idiq-versus-order-level-is-a-limited-exception/) - A recent COFC decision yielded some important insights about government contracting. We already wrote about some joint venture aspects of the decision. But the decision also touched on whether GSA's solicitation violated federal procurement law by excluding price as an evaluation factor at the indefinite delivery indefinite quantity (IDIQ) level for a procurement. In the
- [Limitations on Subcontracting: Partial Set Asides](https://smallgovcon.com/statutes-and-regulations/limitations-on-subcontracting-partial-set-asides/) - Subcontracting is a hot topic in the federal government contracting world. Large businesses placing bids on federal procurements are often required to have a small business subcontracting plan, while small businesses are limited to exactly how much work they can subcontract out. The FAR and SBA rules contain the details relevant to small businesses’ limitations
- [SmallGovCon Week in Review: June 5-9, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-5-9-2023/) - Happy Friday, Readers! As temperatures climb in this now official Kansas summer, so does federal government spending. But with more spending, comes more responsibility. A lot has happened this week! The FAR council proposed to ban TikTok for contractors. NASA is planning some extensive tech development, with the help of small businesses. And NOAA issued
- [Happy Independence Day from SmallGovCon!](https://smallgovcon.com/events/happy-independence-day-from-smallgovcon-3/) - We at SmallGovCon want to wish you and yours a wonderful Independence Day. Be safe this weekend and remember what the day is all about. It is a time to remember what unites as a nation, and consider our shared values and ideals. We hope you have a chance to relax, spend time with family
- [COFC: Limitation on Subcontracting Certification Trips Up Contractor Where Solicitation Requires it to be Signed and Attached](https://smallgovcon.com/statutes-and-regulations/cofc-limitation-on-subcontracting-certification-trips-up-contractor-where-solicitation-requires-it-to-be-signed-and-attached/) - When it comes to federal contracting, there are parts that are very detail-oriented. Countless signatures for countless certifications. We certainly empathize with contractors on this aspect of federal contracting. But just because we are empathetic does not mean that a contractor can ignore such requirements. In a recent decision, Revelations Counseling & Consulting, LLC v.
- [SmallGovCon Week in Review: June 22-26, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-22-26-2026/) - Happy Friday! With June wrapping up, we've officially reached the halfway point of the year. Mid-year is the perfect time for federal government contractors to focus on the goals ahead and prepare for new opportunities in the months to come. Here's to finishing June strong and carrying that momentum into a productive and successful second
- [Formal Revolution: FAR Council Releases Proposed Formal Rules to Start RFO Rulemaking Process](https://smallgovcon.com/statutes-and-regulations/formal-revolution-far-council-releases-proposed-formal-rules-to-start-rfo-rulemaking-process/) - The FAR Council has released its first batch of proposed rules to amend the Federal Register to implement the changes to the Federal Acquisition Regulation (FAR) to implement the executive order on Restoring Common Sense to Federal Procurement. In this post, we will provide an overview of how the RFO is being implemented as part
- [“I Could Have Competed” Won’t Cut It: COFC Requires Showing Contractor Could Perform Work if it Wants to Protest Solicitation Terms ](https://smallgovcon.com/u-s-court-of-federal-claims/i-could-have-competed-wont-cut-it-cofc-requires-showing-contractor-could-perform-work-if-it-wants-to-protest-solicitation-terms/) - You have your eye on a solicitation. You know the work, you know the customer, and you are certain that you would be a front-runner for the award. Then, you learn that the agency is limiting competition for the procurement, and you can no longer compete for the contract. Immediately, you think that the agency must have made a mistake. After all, you were fully prepared to submit a
- [GovCon FAQs: What Costs Can I Exclude From Limitations on Subcontracting Calculations?](https://smallgovcon.com/govcon-faqs/govcon-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
- [SmallGovCon Week in Review: June 15-19, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-15-19-2026/) - Juneteenth is a day to celebrate freedom, reflect on history, and recognize how far we've come as a country. Observed each year on June 19, it marks the day in 1865 when enslaved people in Texas finally learned they were free—more than two years after the Emancipation Proclamation was issued. Whether you're attending a local
- [GAO Sustains Protest Due to Agency’s Inadequate Documentation and Unequal Evaluation of Offerors ](https://smallgovcon.com/gaobidprotests/gao-sustains-protest-due-to-agencys-inadequate-documentation-and-unequal-evaluation-of-offerors/) - As regular SmallGovCon readers surely know, federal agencies have a great deal of discretion when procuring products and services. Protesters are often facing an uphill battle in attempting to demonstrate an agency abused that discretion in making an award. This is because typically, so long as the agency properly documents its decision making process, sticks to the solicitation terms, and there is documentation in
- [Breaking: SBA Proposes to Remove Social Disadvantage Presumption for 8(a) Program](https://smallgovcon.com/8a-program/breaking-sba-proposes-to-remove-social-disadvantage-presumption-for-8a-program/) - SBA is proposing to amend its 8(a) Program rules to "remove the rebuttable presumption that individuals belonging to certain designated groups are socially disadvantaged and set forth revised standards for individuals establishing social disadvantage." This proposed rule continues the trend that has been building since the Ultima decision in 2023. In 2023, a federal court
- [SmallGovCon Week in Review: June 8-12, 2026](https://smallgovcon.com/federal-government-contracting/smallgovcon-week-in-review-june-8-12-2026/) - Happy Friday! We've seen a busy storm season lately across the region and the US. It's that time of year as we transition from spring to summer. Hope all of our readers are staying safe amidst all this weather. It’s also been a busy week in the federal contracting world, with major developments including NIH
- [Webinar: Mentor-Protégé Agreements, June 25, 2026, hosted by Empire APEX Accelerators](https://smallgovcon.com/events/webinar-mentor-protege-agreements-june-25-2026-hosted-by-empire-apex-accelerators/) - First launched in 2016 as the “All Small Mentor-Protégé Program,” this powerful initiative by the U.S. Small Business Administration (SBA) has evolved—but it remains a game-changing tool for both small and large federal contractors. In this informative webinar, SmallGovCon contributor and government contracts attorney, Gregory Weber, will break down the key elements of the SBA
- [Important Exception to “Size at Initial Offer” Rule Dooms Award to Mentor-Protégé JV](https://smallgovcon.com/sba-size-protests/important-exception-to-size-at-initial-offer-rule-dooms-award-to-mentor-protege-jv/) - As a general rule, when it comes to compliance with a solicitation’s size standard, what matters is the size of the entity at the time it submits its initial offer per 13 C.F.R. § 121.404(a). This is something we’ve seen several times before in other cases. However, that is just the general rule, and there
- [Jordan Akins Joins Koprince McCall Pottroff LLC as Associate Attorney and SmallGovCon Contributor!](https://smallgovcon.com/events/jordan-akins-joins-koprince-mccall-pottroff-llc-as-associate-attorney-and-smallgovcon-contributor/) - We are excited to announce that Jordan Akins has joined the firm and will also be a regular SmallGovCon contributor! You can read her full biography here. And check out Jordan’s first post here, discussing SDVOSB status protest best practices. Before joining the firm, Jordan served as General Counsel for the state of Kansas, advising agencies and boards on
- [Govology Webinar: Ethics in Federal Government Contracting, June 23, 2026](https://smallgovcon.com/events/govology-webinar-ethics-in-federal-government-contracting-june-23-2026/) - Contracting with the federal government requires companies to operate under heightened ethical and compliance standards. At the same time, competitive intelligence and strategic business development efforts are often critical to remaining competitive in the government marketplace. Understanding where the legal and ethical boundaries exist under procurement law, however, is not always intuitive. In this informative
- [Timing is Everything: The Key to Timely SDVOSB Status Protests](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/timing-is-everything-the-key-to-timely-sdvosb-status-protests/) - When filing a Service-Disabled Veteran Owned Business (SDVOSB) status protest, timing is critical. A single missed deadline may be the difference between a successful protest and a protest that is never heard. Missing established filing deadlines can result in your protest being dismissed, regardless of how compelling your arguments are. The Small Business Administration (SBA)
- [SmallGovCon Week in Review: June 1-5, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-1-5-2026/) - Happy Friday and happy June! We've received a lot of rain in our neck of the woods recently, so everything is looking green and lush before the heat of summer sets in. There's the steady hum of lawn mowers as everyone tries to get the grass mowed in between rain showers and the gardens are
- [GovCon FAQs: Should I Apply Simultaneously for All SBA Statuses I’m Eligible For?](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/govcon-faqs-should-i-apply-simultaneously-for-all-sba-statuses-im-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
- [Back to the Drawing Board: SBA OHA Overturns Suspension of 8(a) Contractor](https://smallgovcon.com/sbaohadecisions/back-to-the-drawing-board-sba-oha-overturns-suspension-of-8a-contractor/) - In October 2025, the SBA suspended an 8(a) Program contractor called ATI Government Solutions, LLC (ATI) after suspension under the FAR. ATI appealed the 8(a) suspension, and the decision shows that SBA must still support its actions with adequate evidence, and reasonable argument linked to that evidence. OHA remanded the suspension matter for more documentation
- [Federal Circuit Refuses to Apply Stricter Injunctive Relief Test to GAO Stays](https://smallgovcon.com/gaobidprotests/federal-circuit-refuses-to-apply-stricter-injunctive-relief-test-to-gao-stays/) - We have noted in past posts that, in some cases, it may make sense to protest a solicitation evaluation or award decision at GAO simply to get a stay on the award. This is because, if you meet certain deadlines, a stay of award and performance is automatically placed on the procurement for the duration
- [SmallGovCon Week in Review: May 25-29, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-25-29-2026/) - Happy Friday! We hope you had a great week and are finishing the month of May strong. I was recently in Chicago for a family trip. Based on how much people were enjoying the weekend in Chicago, it's clear that Memorial Day is the kickoff to summer. Summer plans are in full swing, but the
- [GAO Recommends Practicing Mindfulness When Solicitation Terms Cover Multiple Evaluation Factors](https://smallgovcon.com/gaobidprotests/gao-recommends-practicing-mindfulness-when-solicitation-terms-cover-multiple-evaluation-factors/) - Even if we don't want to admit it, we all simply click "accept" on all those different terms and conditions for software, despite not actually reading the actual terms. GAO in a recent decision reminded agencies and contractors to not let that habit happen when you read the terms of a procurement. In that recent
- [SmallGovCon Week in Review: May 18-22, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-18-22-2026/) - This Memorial Day, we take time to reflect on the extraordinary courage and sacrifice of those who gave their lives serving our country. Their selfless dedication to protecting our freedoms and defending our nation will always be remembered with the utmost gratitude and respect. We further wish to extend our heartfelt thanks to all veterans
- [Back to Basics: The Government's SBIR Program](https://smallgovcon.com/back-to-basics/back-to-basics-the-governments-sbir-program/) - There are many federal contracting opportunities specifically designed to support and benefit small businesses. Most people are already familiar with small business set-aside competitions and direct awards, SBA's Mentor-Protégé Program, and SBA’s socioeconomic small business contracting programs (i.e., the SDVOSB/VOSB, WOSB/EDWOSB, HUBZone, and 8(a) Programs). But there is still another--albeit less well-known--government contracting program that
- [Back to Basics: Novation Agreements (and Name Changes)](https://smallgovcon.com/statutes-and-regulations/back-to-basics-novation-agreements-and-name-changes/) - Our latest installment of our Back to Basics series explores novation agreements and their related cousin name change agreements. A novation agreement is needed when a contractor is transferring (or assigning) federal government contracts to another company. The government has discretion in approving such a transfer, and this post will explore how that process works.
- [Breaking: EO Mandates "FAR 2.0" & Deep Dive Into Federal Procurement Efficiency](https://smallgovcon.com/statutes-and-regulations/breaking-eo-mandates-far-2-0-deep-dive-into-federal-procurement-efficiency/) - Yesterday, the new administration issued a new Executive Order (EO) officially requiring a reformation of the Federal Acquisition Regulations (FAR) and a thorough review of the federal procurement system in general. Along with related EOs, they direct the Office of Federal Public Procurement Policy (OFPP), the FAR Council, and the heads of and "senior acquisition
- [A Wobbly Bike: Some Initial Thoughts on FAR 2.0](https://smallgovcon.com/statutes-and-regulations/a-wobbly-bike-some-initial-thoughts-on-far-2-0/) - In recent months, the revamping of the FAR has been a big topic of discussion for federal contractors and those who work with them. This project is referred to as FAR 2.0 or the Revolutionary FAR Overhaul or simply RFO. An executive order got the ball rolling, setting forth the mandate to create FAR 2.0
- [FAR 2.0 Update: Part 6 - Competition](https://smallgovcon.com/statutes-and-regulations/far-2-0-update-part-6-competition/) - Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, or simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). An executive order got the ball rolling, setting forth the mandate to
- [FAR 2.0 Update: Part 8 - Required Sources of Supplies and Services](https://smallgovcon.com/statutes-and-regulations/far-2-0-update-part-8-required-sources-of-supplies-and-services/) - Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, or simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). An executive order got the ball rolling, setting forth the mandate to
- [FAR Overhaul Webinar: What to Expect from FAR 2.0 on October 21, hosted by GT (Georgia Tech) APEX Accelerators](https://smallgovcon.com/events/webinar-the-far-overhaul-what-to-expect-from-far-2-0-on-october-21-hosted-by-gt-georgia-tech-apex-accelerators/) - Please join me, Shane McCall, on October 21 at 12:00pm EDT as I discuss the important new developments for the revolutionary FAR overhaul. GSA has described the FAR overhaul as taking things down to the studs and that it will function like a wobbly bicycle at the start. This presentation will discuss the executive order
- [FAR 2.0 Update: Part 12 - Acquisition of Commercial Products and Commercial Services](https://smallgovcon.com/statutes-and-regulations/far-2-0-update-part-12-acquisition-of-commercial-products-and-commercial-services/) - Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, or simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). An executive order got the ball rolling, setting forth the mandate to create
- [FAR 2.0 Update: Part 15 – Contracting By Negotiation](https://smallgovcon.com/statutes-and-regulations/far-2-0-update-part-15-contracting-by-negotiation/) - As most federal contractors have heard, the Federal Acquisition Regulation is undergoing a major overhaul. FAR 2.0, commonly referred to as the Revolutionary FAR Overhaul (or just the “RFO”), is the responsibility of the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). Initiated by Executive Order 14275, the new
- [FAR 2.0 Update: Part 33 Protests, Disputes, and Appeals](https://smallgovcon.com/statutes-and-regulations/far-2-0-update-part-33-protests-disputes-and-appeals/) - Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, and most commonly simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). Initiated by Executive Order in April 2025, the new
- [FAR 2.0 Update: Small Business Rule of Two Lives on in Part 19 - Small Business](https://smallgovcon.com/statutes-and-regulations/far-2-0-update-small-business-rule-of-two-lives-on-in-part-19-small-business/) - Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, or simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). An executive order got the ball rolling, setting forth the mandate to create
- [SmallGovCon Week in Review: May 11-15, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-11-15-2026/) - Happy Friday. It's end of school time in many parts of the country, as students move on a grade or graduate from college. College graduation is a big deal in a college town like ours. Congratulations to all the graduates. And speaking of changes, the federal government contracting world certainly hasn’t slowed down this week.
- [Back to Basics: Price Realism vs. Price Reasonableness](https://smallgovcon.com/back-to-basics/back-to-basics-price-realism-vs-price-reasonableness/) - As part of federal contracting, the total price of each award is disclosed. This is of course a great way to promote trust and transparency in federal contracting and in the handling of taxpayer dollars. But it also leads to other contractors scrutinizing an awardee's price and thinking one of two things: (1) "That price
- [Proposed Updates to DFARS Regarding Foreign Ownership, Control, or Influence](https://smallgovcon.com/statutes-and-regulations/proposed-updates-to-dfars-regarding-foreign-ownership-control-or-influence/) - It sometimes takes a little time for federal statutes to be reflected in federal regulations. Recent proposed updates to DFARS regarding Foreign Ownership, Control, or Influence (FOCI) is a good example of this. These updates, meant to implement sections of the National Defense Authorization Acts of 2020 and 2021, are meant to mitigate risks related
- [OHA Finds Totality of the Circumstances Affiliation Based on Loans and Close Oversight of Operations](https://smallgovcon.com/sbaohadecisions/oha-finds-totality-of-the-circumstances-affiliation-based-on-loans-and-close-oversight-of-operations/) - Long-time SmallGovCon readers are probably aware of the thorny issues presented by an SBA finding of affiliation. When set aside contracts are dependent on a small business size status, an allegation of affiliation with a large business can be a crisis for a small business contractor. SBA’s affiliation doctrine is large and complex (so much
- [SmallGovCon Week in Review: May 4-8, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-4-8-2026/) - Happy Friday! Mother’s Day is this Sunday, and it’s a good reminder to slow down and thank the moms, grandmas, stepmoms, and mother figures who somehow keep everything moving. Whether you’re planning a get together, making a phone call, sending flowers, or just spending extra time together, we hope they will feel extra special. Happy
- [EO Maximizes Fixed-Price Over Cost-Reimbursement Contracts](https://smallgovcon.com/federal-government-contracting/eo-maximizes-fixed-price-over-cost-reimbursement-contracts/) - The White House recently released Executive Order 14402 titled Promoting Efficiency, Accountability, and Performance in Federal Contracting (EO 14402). EO 14402 was released on April 30, 2026. This EO requires agencies to use fixed-price contracts over cost-reimbursement wherever possible. Because of its potential impact on federal contractors, let's walk through the highlights in this post.
- [The "Once 8(a), Always 8(a)--or HUBZone, SDVOSB, or WOSB" Rule, Where Are We Now?](https://smallgovcon.com/8a-program/the-once-8a-always-8a-or-hubzone-sdvosb-or-wosb-rule-where-are-we-now/) - For better or for worse, these federal procurement "times they are a-changin'." One obvious source of recent change is the shiny new FAR 2.0, a.k.a. the Revolutionary FAR Overhaul (RFO). With the government's widespread implementation of the RFO and its many procurement rule and procedure updates, we at SmallGovCon have tried to cover as much
- [Govology Webinar Announcement: Limitations on Subcontracting: A Step-by-Step Compliance Guide, May 19, 2026](https://smallgovcon.com/events/govology-webinar-announcement-limitations-on-subcontracting-a-step-by-step-compliance-guide-may-19-2026/) - Limitations on Subcontracting (LoS) is one of the most confusing—and most enforced—rules in government contracting. For small businesses and their teaming partners, getting it wrong can lead to serious consequences. And the challenge? You may be asked to prove compliance at any point—before, during, or after contract performance. Our very own SmallGovCon author John Holtz
- [Webinar Announcement: Legal Updates, May 13, 2026](https://smallgovcon.com/events/webinar-announcement-legal-updates-may-13-2026/) - In this webinar, Gregory Weber and I will discuss some of the most important legal developments which may impact federal contractors in 2026. Specifically, we will discuss recent regulatory updates and decisions affecting small business and federal contracting rules, including the Revolutionary Far Overhaul (RFO) process and updates, as well as sharing RFO examples that
- [Koprince McCall Pottroff Names John Holtz and Gregory Weber as Partners](https://smallgovcon.com/events/koprince-mccall-pottroff-names-john-holtz-and-gregory-weber-as-partners/) - Koprince McCall Pottroff LLC, a boutique federal government contracts firm in Lawrence, KS, is pleased to announce that it has elevated two of its attorneys to partner status. Gregory Weber and John Holtz are now partners at the firm! Greg's client-focused communication skills and detail-oriented nature helps him to tackle issues for clients with ease.
- [SmallGovCon Week in Review: April 27-May 1, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-27-may-1-2026/) - Happy May Day! May Day, celebrated on May 1st, traces back to old European traditions marking the arrival of warmer weather, complete with dancing around the maypoles. In some places, people still leave little baskets of flowers (called “May baskets”) on neighbors’ doorsteps as a surprise. Here's hoping someone surprises you today with a basket
- [OMB Continues Push for Commercial Products and Services](https://smallgovcon.com/federal-government-contracting/omb-continues-push-for-commercial-products-and-services/) - In Spring 2025, President Trump issued Executive Order 14271, titled "Ensuring Commercial, Cost-Effective Solutions for Federal Contracts" which informed agencies that they should emphasize procuring commercially available products and services as much as possible. Fast forward a year later, and it would seem the White House's Office of Management and Budget ("OMB") is not seeing
- [Webinar Announcement: The SBA Mentor Protégé Program, May 5, 2026 hosted by Washington DC APEX Accelerators](https://smallgovcon.com/events/webinar-announcement-the-sba-mentor-protege-program-may-5-2026-hosted-by-washington-dc-apex-accelerators/) - Touted as a "game-changer" when it was first introduced in 2016, the U.S. Small Business Administration's All Small Mentor-Protégé Program isn't new anymore. Known now as simply the "SBA Mentor-Protege Program, it is still extremely powerful for large and small contractors alike. In this webinar, I will explain the ins and out of the SBA
- [A Reversal in Course? SBA Rescinds Several 8(a) Suspension Notices](https://smallgovcon.com/sbaohadecisions/a-reversal-in-course-sba-rescinds-several-8a-suspension-notices/) - As you may recall, this past December, SBA launched a massive audit of the 8(a) Program, in which 8(a) participants were required to submit a long list of financial documents for review. Many feared it was the beginning of the end of the 8(a) Program when several 8(a) Participants were hit with suspension notifications earlier
- [SmallGovCon Week in Review; April 20-24, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-20-24-2026/) - Happy Friday! Everything seems a bit more in motion with the longer days of spring, including the feds. It's been another active week in the federal government contracting world. We've included some articles below highlighting what's been in the news this week. Key stories include a push for more commercial procurement from OMB, and reactions
- [FAR Updates Trade Agreement Act Thresholds](https://smallgovcon.com/statutes-and-regulations/far-updates-trade-agreement-act-thresholds/) - The The Trade Agreements Act (TAA) and its companion, the Buy American Act (BAA), both set policies for a preference for increased domestic purchases by the federal government and its contractors. However, the TAA is designed as kind of a counterweight to the BAA. The BAA (passed in 1933), "the first of the major domestic content
- [TAA Can Apply to Small Business Set-Aside: COC Clarifies Trade Agreements Act and Buy American Act Applicability](https://smallgovcon.com/statutes-and-regulations/taa-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
- [Webinar Announcement: Joint Ventures & Teaming, April 23, 2026 hosted by El Paso Texas APEX Accelerators](https://smallgovcon.com/events/webinar-announcement-joint-ventures-teaming-april-23-2026-hosted-by-el-paso-texas-apex-accelerators/) - Please join, government contracts attorneys, Nicole Pottroff and John Holtz from Koprince McCall Pottroff, as they explain how to develop, negotiate and administer agreements that are both compliant and effective. The presentations will cover both the key rules (such as flow-downs and ostensible subcontractor affiliation) and best practices for agreements that go beyond the bare minimum legal requirements. Hope you can join us!
- [SmallGovCon Week in Review: April 13-17, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-13-17-2026/) - Happy Friday! We’re keeping a close watch on the skies lately as we've some severe spring storms lately. This time of year can bring some intense weather across Kansas, so things can turn unpredictable quickly. Wherever you are, we hope the weather is kind and that you stay safe. Things can sometime get unpredictable in
- [Back to Basics: The Two-Year Rule](https://smallgovcon.com/federal-government-contracting/back-to-basics-the-two-year-rule/) - Something we get asked about a lot with regards to joint ventures is the two-year rule (not to be confused with the “Rule of Two,” which concerns contract set-asides). We have explored this rule in the past on a few occasions, however, it has been a little while since the last such post and it’s
- [Event Announcement: GovCon Roundup Live, Teaming Agreements, April 15, 2026](https://smallgovcon.com/events/event-announcement-govcon-roundup-live-teaming-agreements-april-15-2026/) - We'd like to invite you to a great interactive virtual event coming up — and it's completely free. On April 15th, Carroll Bernard and Steven Koprince are hosting Episode 9 of GovCon Roundup Live, and the topic is one that trips up contractors at every stage: teaming. Our very own, federal government contracts attorney, Nicole Pottroff, will be contributing her thoughts to the discussion. Whether
- [SmallGovCon Week in Review: April 6-10, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-6-10-2026/) - Happy Friday! April has started out in full swing, and it’s already shaping up to be a busy and eventful month. Along with plants being active for spring, this week has been active in the federal government contracting world, with some new developments and policy updates to track. As always, we’ve gathered a selection of
- [President's Executive Order Requires Terms Addressing DEI in Contracts](https://smallgovcon.com/statutes-and-regulations/presidents-executive-order-requires-terms-addressing-dei-in-contracts/) - Recently, President Trump issued an executive order focused on federal contractors and DEI (meaning "Diversity Equity and Inclusion") initiatives. Through this executive order, the President has quickly placed new requirements on federal contractors and agencies to include specific terms within their contracts and subcontracts. These terms add up to a somewhat lengthy contract clause, with
- [SmallGovCon Week in Review: March 30-April 3, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-30-april-3-2026/) - Happy Friday—and welcome to April! Recently, SmallGovCon contributor Nicole Pottroff traveled to Las Vegas to attend and present at the RES 2026 conference, hosted by the National Center for American Indian Enterprise Development. While there, she took part in a panel titled “Navigating the New Regulatory Landscape for Native-Owned Federal Contractors.” The event brought together
- [Webinar Announcement: Teaming Agreements & Joint Ventures, April 14, 2026 hosted by UT San Antonio APEX Accelerators](https://smallgovcon.com/events/webinar-announcement-teaming-agreements-joint-ventures-april-14-2026-hosted-by-ut-san-antonio-apex-accelerators/) - For large and small contractors alike, teaming agreements and joint venture agreements can be essential to winning and successfully performing federal government contracts. In this presentation, government contracts attorneys, Shane McCall and Annie Birney from Koprince McCall Pottroff, will explain how to develop, negotiate and administer agreements that are both compliant and effective. The presentations will cover both the key rules (such as flow-downs and ostensible subcontractor affiliation) and best practices for agreements
- [Back to Basics: Requests for Equitable Adjustment](https://smallgovcon.com/back-to-basics/back-to-basics-requests-for-equitable-adjustment/) - As any contractor knows, there is no amount of preparation that can ensure a project goes exactly as planned. And unfortunately, when the unexpected happens, contractors may face increased costs, schedule delays, and other obstacles outside of their control. A request for equitable adjustment (or REA) affords contractors the opportunity to seek compensation or additional
- [SmallGovCon Week in Review: March 23-27, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-23-27-2026/) - Happy Friday! I just got back from a short trip to the Caribbean to enjoy some relaxation with the fam. We saw some incredible fish, rays, and even a sea turtle, while also making some time for reading on the beach. It's good to recharge the batteries every once in a while and come back
- [“In Scope” vs. “Out of Scope” Modifications: How GAO Explains The Difference](https://smallgovcon.com/gaobidprotests/in-scope-vs-out-of-scope-modifications-how-gao-explains-the-difference/) - One of the perennially popular topics on SmallGovCon has been the question of what constitutes a modification to a contract that renders that modification "Out of Scope." This post will explore a leading GAO decision that came out back in 2017, along with some recent updates on this same question. An agency may modify a
- [RES 2026 Conference: Rising Together, Las Vegas, NV, March 23-26, 2026](https://smallgovcon.com/events/res-2026-conference-rising-together-las-vegas-nv-march-23-26-2026/) - The National Center for American Indian Enterprise Development (NCAIED) is Rising Together for the 2026 Reservation Economic Summit. The event features tribal leaders, members of Congress, federal agency representatives, state and local officials, and top CEOs on a national platform. Our very own federal government contracts attorney and SmallGovCon contributor, Nicole Pottroff, is scheduled to be
- [GAO Evaluation of CMMC Program and Important Information for Defense Contractors](https://smallgovcon.com/federal-government-contracting/gao-evaluation-of-cmmc-program-and-important-information-for-defense-contractors/) - Back in October and November 2025, with the Department of Defense putting some finishing touches on the Cybersecurity Maturity Model Certification (“CMMC”) Program, we explored the contours of that program and what it means for contractors like you. During this same timeframe, we were not the only ones reviewing the CMMC Program. The GAO also
- [SmallGovCon Week in Review: March 16-20, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-16-20-2026/) - Happy Friday! Well, March Madness is off to an exciting start! Here at SmallGovCon, we have our brackets locked in and are having a lot of fun talking basketball. If you have a dog in the hunt, we hope you are enjoying the hopeful journey to the championship along with us. There’s nothing quite like
- [GovCon FAQs: My Contract Was Terminated For Convenience, What Do I Do?](https://smallgovcon.com/govcon-faqs/govcon-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
- [Webinar Announcement: Protests in Federal Contracting: What Contractors Need to Know](https://smallgovcon.com/uncategorized/webinar-announcement-protests-in-federal-contracting-what-contractors-need-to-know/) - Koprince McCall Pottroff LLC partner Nicole Pottroff will be joining the GovCon Roundup Crew to discuss bid protests tomorrow at March 18, 2026 at 1:00 PM Eastern Time. Be sure to join them to learn when a bid protest might be a strategic choice for federal contractors to make, and how to respond to bid
- [Back to Basics: GSA CTAs](https://smallgovcon.com/back-to-basics/back-to-basics-gsa-ctas/) - A "GSA CTA" is a special type of Contractor-Teaming Arrangement (CTA) used only for performing Government Services Administration (GSA) Multiple Award Schedule (MAS) contracts. As detailed in FAR subpart 8.4, Federal Supply Schedules (FSS), GSA CTAs provide a unique teaming opportunity solely for MAS contract-holders and a unique teaming structure somewhere in between FAR subpart
- [SmallGovCon Week in Review: March 9-13, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-9-13-2026/) - Happy Friday the 13th...again! This time of year, that Friday feeling hits even better because March Madness is right around the corner. Around these parts, with the original rules of basketball down the road (!), we are looking forward to the onset of March Madness. Even if you don't have a favorite team, you can
- [OHA: NAICS Code Should be Diagnostic Imaging, Not Physicians Office](https://smallgovcon.com/naics-code-appeals/oha-naics-code-should-be-diagnostic-imaging-not-physicians-office/) - In the world of government contracting, most contractors consider protests in the context of bid, size, or status protests. As we’ve discussed before, however, there is another highly useful tool in the toolbox for contractors: the NAICS code appeal. When leveraged correctly, the NAICS code appeal can be quite effective for small businesses in securing
- [SmallGovCon Week in Review: March 2-6, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-2-6-2026/) - Happy March! The weather is turning warmer, but also stormier in our parts. We hope everyone is thawing out from winter and enjoying some nicer weather. Please enjoy the articles from the Week in Review, with updates on the FAR overhaul, AI in government, and adoption of CMMC. And note that key US historical documents
- [GAO Sustain: Failure to Acknowledge Solicitation Amendment was a Material Defect](https://smallgovcon.com/gaobidprotests/gao-sustain-failure-to-acknowledge-solicitation-amendment-was-a-material-defect/) - Preparing and submitting a bid for a federal procurement requires strict compliance with the solicitation’s instructions. When a bidder fails to comply with these instructions (such as failing to acknowledge an amendment to the solicitation), the bidder may be surprised by the agency’s seemingly harsh decision to eliminate the bidder from award. But if the
- [Skin of its Teeth: Mentor-Protégé Joint Venture Survives SDVOSB Status Protest Despite Missing Required Provisions in Joint Venture](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/skin-of-its-teeth-mentor-protege-joint-venture-survives-sdvosb-status-protest-despite-missing-required-provisions-in-joint-venture/) - For the most part, the rules on joint ventures under SBA are very similar. the various regulations for small business, 8(a), SDVOSB, WOSB, and HUBzone joint ventures are so similar in fact that they are almost identical. But they are not perfectly identical. There are a few quirks that distinguish the regulations from the others,
- [SmallGovCon Week in Review: February 23-27, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-23-27-2026/) - Happy Friday! It seems like only last week that the winter Olympics ended (probably because it was last week). That means it is time to look forward to spring. With the buds and grass starting to shoot up, warmer weather is right around the corner. We just have to hold out for a few more
- [FAR 2.0 Update: Deviations and FAR Companion Guide](https://smallgovcon.com/statutes-and-regulations/far-2-0-update-deviations-and-current-status/) - SmallGovCon readers may have read up on recent posts regarding the the Revolutionary FAR Overhaul, or simply RFO. For background, our earlier posts regarding various aspects of the RFO can be found here: Executive Order, Overview of FAR 2.0, FAR Part 6, FAR Part 19, FAR Part 12, FAR Part 15, FAR Part 33. While the drumbeat of new FAR part revisions
- [SmallGovCon Week in Review: February 16-20, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-16-20-2026/) - Happy Friday! After a stretch of surprisingly mild winter days, that brisk north wind rolled in yesterday and reminded us that it’s still February. Brrr! We were crossing our fingers that the groundhog’s prediction wouldn’t hold up this year and that spring would make an early appearance. Judging by today’s chill, though, it seems he
- [Federal Court: Temp Workers Count As Employees Under SBA Rules](https://smallgovcon.com/statutes-and-regulations/federal-court-temp-workers-count-as-employees-under-sba-rules/) - Small business size for federal procurement can be measured based on receipts or employee counts. Some small business procurements are set aside for small businesses as determined by the employee counts of those businesses, as opposed to the more common receipts based size-standard. SBA size rules, in turn, define what is an employee for those
- [GAO: No Notice of New Opportunity Needed for Incumbents](https://smallgovcon.com/gaobidprotests/gao-no-notice-of-new-opportunity-needed-for-incumbents/) - Often Incumbents on a contract feel that the agency owes them some notice on when a new procurement for the work they are performing is published. While this may happen in practice, it is yet another occurrence in Federal contracting that, while common, is not a requirement. GAO recently examined whether an incumbent in frequent
- [End of the Line for Transmutation Agreements in 8(a) Program](https://smallgovcon.com/8a-program/end-of-the-line-for-transmutation-agreements-in-8a-program/) - We at SmallGovCon have analyzed a number of key updates from the recent SBA final rule concerning HUBZone Program Updates and Clarifications, and Clarifications to Other Small Business Programs. But, with the rule covering many issues, there are aspects we couldn't cover. One small change could impact a number of companies seeking 8(a) Program certification
- [SmallGovCon Week in Review: February 9-13, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-9-13-2026/) - Happy Friday the 13th! We hope your day is off to a lucky start and that everything is running smoothly. As a quick reminder, Valentine’s Day is tomorrow—so if it slipped your mind, there’s still time to grab some chocolate and flowers (and maybe avoid any Friday the 13th surprises!). Valentine's Day Fun Facts: The
- [Why File: A Refresher on Challenging Solicitation Terms in a Pre-Award Protest](https://smallgovcon.com/why-file/why-file-a-refresher-on-challenging-solicitation-terms-in-a-pre-award-protest/) - It is not uncommon for a disappointed bidder to consider filing a protest only after the agency has issued the award. While this is understandable, sometimes the basis for protesting stems from a misunderstanding of the solicitation’s terms, or that the terms felt unreasonably restrictive. However, unfortunately for the eager protester, it is by that
- [SmallGovCon Week in Review: February 2-6, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-2-6-2026/) - Happy Friday! It’s time for another week in review. There was a lot happening across the federal government this week, as you can see from the long list of articles included below. We hope you have a chance to sit back, relax, and catch up on everything that unfolded. Have a wonderful weekend in your
- [OHA Reminder: Compliance with SBA Joint Venture Requirements is Determined at Final Proposal Revisions](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/oha-reminder-compliance-with-sba-joint-venture-requirements-is-determined-at-final-proposal-revisions/) - In most size and status protests, SBA’s Office of Hearings and Appeals (OHA) will determine an offeror’s eligibility for a procurement as of the date of initial offer including price for that procurement. Indeed, with regards to SDVOSBs and VOSBs specifically, 13 C.F.R § 134.1003(e)(1) states that “[i]f the VOSB or SDVOSB status protest pertains
- [Webinar Announcement! Understanding the SBA Mentor-Protégé Program, February 17, 2026 hosted by Kansas APEX Accelerators](https://smallgovcon.com/events/webinar-announcement-understanding-the-sba-mentor-protege-program-february-17-2026-hosted-by-kansas-apex-accelerators/) - First launched in 2016 as the “All Small Mentor-Protégé Program,” this powerful initiative by the U.S. Small Business Administration (SBA) has evolved—but it remains a game-changing tool for both small and large federal contractors. In this informative webinar, we will break down the key elements of the SBA Mentor-Protégé Program. You’ll learn how this program
- [Bridge to Nowhere: COFC Says Incumbents not Guaranteed Bridge Contract During CICA Stay](https://smallgovcon.com/u-s-court-of-federal-claims/bridge-to-nowhere-cofc-says-incumbents-not-guaranteed-bridge-contract-during-cica-stay/) - Losing an award can be quite tough, especially when you are the incumbent on the preceding related contract. Often, a salve for an incumbent contractor's pain can be a bid protest which may result in a bridge contract to that incumbent for the period of the protest. This actually was a fairly common practice for
- [Year in Review: Top SmallGovCon Posts of 2025](https://smallgovcon.com/federal-government-contracting/year-in-review-top-smallgovcon-posts-of-2025/) - Hello, SmallGovCon readers! As we do each year, this post revisits the most popular SmallGovCon articles that were posted in 2025, as well as the most popular all-time posts in 2025. As we move deeper into 2026, I look to reflect on these important and well-liked posts from 2025. Below, we summarize the blogs written
- [SmallGovCon Week in Review: January 26-30, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-26-30-2026/) - It's Friday and time for another SmallGovCon Week in Review. As we finish out January we hope everyone is staying warm with all the snow and cold weather across the country. I was in Washington DC this week for a court hearing, and it's clear the cold and snow has really done a number on
- [Why File: An Appeal of an 8(a) Program Termination](https://smallgovcon.com/8a-program/why-file-an-appeal-of-an-8a-program-termination/) - In a previous blog post, Why File: An Appeal of SBA’s 8(a) Program Denial, we covered the process for appealing SBA’s denial of admission into the 8(a) Business Development Program (AKA 8(a) Program). We discussed what happens when a business is stopped at the door – denied entry altogether in the program. But what happens
- [BREAKING: SBA's Newly-Released 8(a) Program Mandate with "Clarifying Guidance" Regarding Social Disadvantage Criteria Brings Far More Confusion Than "Clarity"](https://smallgovcon.com/8a-program/breaking-sbas-newly-released-8a-program-mandate-with-clarifying-guidance-regarding-social-disadvantage-criteria-brings-far-more-confusion-than-clarity/) - On January 22, 2026, SBA issued brand new "SBA Guidance" to its Office of Government Contracting and Business Development and its Office of Field Operations via a highly confusing 8(a) Program Mandate. On its Website, SBA labels it "Clarifying Guidance That Race-Based Discrimination is Not Tolerated in the 8(a) Program[,]" and further labels it the
- [SmallGovCon Week in Review: January 19-23, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-19-23-2026/) - Happy Friday! We are preparing for the snow that's impacting much of the nation. But amidst the frenzy of dealing with the transitory, we also wanted to remember Martin Luther King Jr.'s legacy this week and all that he has taught us about the "the arc of the moral universe." We would do well to
- [Back to Basics: SDVOSB Program Eligibility](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/back-to-basics-sdvosb-program-eligibility/) - Recently, SBA’s VetCert Program announced that it had gotten through its backlog, meaning that the system has returned to normal, so to speak. With this in mind, many new service-disabled veteran-owned small businesses (SDVOSBs) no doubt are looking at getting into the SDVOSB program. Indeed, some of you reading this may be the owners of
- [OHA SDVOSB Appeal: Voting Provisions Scuttle Veteran Control](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/oha-sdvosb-appeal-voting-provisions-scuttle-veteran-control/) - In a recent decision, SBA’s Office of Hearings and Appeals (OHA) emphasized the importance of a careful reading and complete understanding of the control and ownership requirements for Service-Disabled Veteran Owned Small Businesses (SDVOSBs). This decision provides contractors with an excellent opportunity to brush up on SBA’s control rules regarding qualifying and non-qualifying owners. As the appellant found out in this case, while it may seem to some at
- [SmallGovCon Week in Review: January 12-16, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-12-16-2026/) - Happy Friday! We are already halfway through January and 2026 is off to a quick start. This week’s federal contracting headlines point to a busy year ahead, but we hope you have time for some rest and relaxation this weekend after a productive week. In this week's federal government contracting news, look for updates on
- [GAO Checks the Math: An Agency's Failure to Document OCI and Best-Value Decision Results in Sustained Protest](https://smallgovcon.com/gaobidprotests/gao-checks-the-math-an-agencys-failure-to-document-oci-and-best-value-decision-results-in-sustained-protest/) - In the procurement process, agencies are afforded a significant amount of discretion when selecting an awardee. When an agency’s decision is protested, the Government Accountability Office (GAO) focuses primarily on the reasonableness of the agency’s conclusions. But when an agency fails to show its rationale behind a decision, GAO is unable to conclude that the
- [Webinar Announcement: Understanding the SBA Mentor-Protégé Program, January 22, 2026 hosted by Idaho APEX Accelerators](https://smallgovcon.com/events/webinar-announcement-understanding-the-sba-mentor-protege-program-january-22-2026-hosted-by-idaho-apex-accelerators/) - Please join federal government contracts attorney, Nicole Pottroff, as she breaks down the key elements of the SBA Mentor-Protégé Program. You’ll learn how this program can help small businesses enhance their capabilities and compete for larger contracts—with the support of an experienced mentor. The session will also cover how mentor-protégé joint ventures can create new
- [How Extraordinary! Revised SBA Rule Gives Clear Guidance on Extraordinary Circumstances](https://smallgovcon.com/statutes-and-regulations/less-extraordinary-revised-sba-rule-gives-clear-guidance-on-extraordinary-circumstances/) - Many of the SBA’s small business programs have restrictions on what are commonly referred to as “extraordinary circumstances” or “extraordinary actions.” It’s a topic that we have discussed many times before, including this blog post discussing a case at SBA’s Office of Hearings and Appeals, reviewing extraordinary circumstances in the context of control and operating
- [SmallGovCon Week in Review: December 22, 2025 - January 9, 2026](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-december-22-2025-january-8-2026/) - We hope you had a wonderful holiday season filled with time well spent with friends and family, moments of rest, and opportunities to recharge. As we step into a brand new year, we’re excited about what’s ahead and grateful to be back into the swing of sharing insights and updates with you. We took a
- [SDVOSB Architectural Firm Owner Doesn’t Need Architecture License, says OHA](https://smallgovcon.com/sbaohadecisions/sdvosb-architectural-firm-owner-doesnt-need-architecture-license-says-oha/) - Recently, OHA determined that SDVOSB owners aren’t always required to personally possess the licenses required for their businesses.
- [Five Tips for Surviving the End-of-Year 8(a) Program Audit](https://smallgovcon.com/8a-program/five-tips-for-surviving-the-end-of-year-8a-audit/) - If you got an aggressive email from the SBA earlier this month requesting an awful lot of documentation and information in relation to your 8(a) Program participation—you are far from alone. SBA actually sent this December 5th email to about 4300 current and past 8(a) Program participants. And if you too found yourself reading and
- [FAR Council Establishes New Size and Status Rerepresentation Rules](https://smallgovcon.com/statutes-and-regulations/dod-gsa-and-nasa-establish-new-size-and-status-rerepresentation-rules/) - The FAR Council recently published a final rule dealing with small business certification issues, effective on January 17, 2025. This final rule came about to ensure that certain parts of the FAR and SBA rules are consistent. The change? Adding additional circumstances that require an awardee to rerepresent its size and/or socioeconomic status for orders
- [Happy Holidays!](https://smallgovcon.com/federal-government-contracting/happy-holidays/) - We wanted to wish our readers a very happy holiday season! Whether you’re celebrating at home or traveling to see loved ones, we hope the season is merry and bright, safe and warm. We are grateful that we were able to help so many people with our insights, updates, and commentary on the changing federal
- [Wrong Place: GAO Weighs in on 8(a) Program GSA Schedule Eligibility under MAS 8(a) Pool and Finds that SBA Eligibility Finding had to be Challenged at SBA](https://smallgovcon.com/gaobidprotests/wrong-place-gao-weighs-in-on-8a-program-gsa-schedule-eligibility-under-mas-8a-pool-and-finds-that-sba-eligibility-finding-had-to-be-challenged-at-sba/) - The GSA instituted a program that would allow 8(a) Program participants to enter into an 8(a) pool for GSA schedules (AKA, GSA Multiple Award Schedule) called the MAS 8(a) Pool. This program would allow 8(a) GSA schedule holders to maintain their 8(a) eligibility for a limited time even after they had graduated from the 8(a)
- [SmallGovCon Week in Review: December 15-19, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-december-15-19-2025/) - Happy Friday, readers! We know this time of year gets hectic, with all the preparations and lists to check. One thing you don't have to check is the updates on federal government contracting for the past week. We've done that in our Week in Review! Enjoy the latest updates while you do some last-minute shopping
- [2025 GAO Bid Protest Report: Numbers Down, Effectiveness Still Even Odds--COFC Shows Increase in Bid Protests](https://smallgovcon.com/gaobidprotests/2025-gao-bid-protest-report-numbers-down-effectiveness-still-even-odds-cofc-shows-increase-in-bid-protests/) - In just a few days the ball will drop on 2025 and we will officially usher in the new year. It’s always a good time for reflecting on the past year and what lies ahead for the new year. And that same sort of review is important when thinking about federal contract bid protests. With
- [SmallGovCon Week in Review: December 8-12, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-december-8-12-2025/) - It's time for another edition of the SmallGovCon week in review. We hope that all of our readers had a productive week. For many (myself included), this week is the time for holiday concerts and performances, including the fabled Nutcracker performance. The Lawrence Arts Center does a Kansas-themed performance that is well-loved by all who
- [Back to Basics: Covenant Against Contingent Fees](https://smallgovcon.com/back-to-basics/back-to-basics-covenant-against-contingent-fees/) - Federal contractors are generally familiar with the many FAR provisions listed in a solicitation or contract. So, it can be tempting to simply gloss over these pages of the solicitation, absentmindedly checking off the right box or signing off on the required representations without familiarizing yourself with each provision--or the consequences that come if each
- [BREAKING: SBA Launches an End of Year 8(a) Program Audit](https://smallgovcon.com/8a-program/breaking-sba-launches-an-end-of-year-8a-program-audit/) - 8(a) Program participants received an early holiday surprise from the SBA's 8(a) Program this past week. A mass request was sent out to 8(a) Program participants and some graduates requesting extensive (mostly financial) internal documentation so that the SBA could audit the program for any potential fraud, waste, or abuse. While the need to protect
- [SmallGovCon Week in Review: December 1-5, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-december-1-5-2025/) - Happy Friday and happy December! We hope you had a nice Thanksgiving with friends and family. We all enjoyed our Thanksgiving break and it left us energized for winter and the holiday season. The holiday lights are up here in downtown Lawrence, Kansas and everything is looking very festive. As we start the final month
- [GovCon FAQs: How Can I Maximize My Teammates' Participation in Performing Larger Government Contracts?](https://smallgovcon.com/statutes-and-regulations/govcon-faqs-how-can-i-maximize-use-of-teammates-to-perform-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
- [Happy Thanksgiving from SmallGovCon!](https://smallgovcon.com/federal-government-contracting/happy-thanksgiving-from-smallgovcon-2/) - As we dive into another Thanksgiving season, we wanted to say thank you to all of our wonderful readers who make SmallGovCon such a nice place to write for. We love receiving your comments and questions. Whether you’ve been here for years or just stumbled in recently, we appreciate you. We hope your day is
- [Govology Webinar! The 2025 Government Contracting Year-End-Review, December 11, 2025](https://smallgovcon.com/events/govology-webinar-the-2025-government-contracting-year-end-review-december-11-2025/) - In what has certainly become one of our most popular and anticipated annual webinars, federal government contracts attorneys, Nicole Pottroff and Shane McCall of Koprince McCall Pottroff LLC, will break down some of the most significant 2025 legal developments impacting federal government contractors. In this webinar, they will cover some of the revolutionary (as well as some not-so-revolutionary) revisions to the
- [SmallGovCon Week in Review: Nov. 17-21, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-nov-17-21-2025/) - It's time for the SmallGovCon Week in Review. As you head in to your weekend and look forward to Thanksgiving, it's time to catch up on the latest in federal contracting news. Have a great weekend and enjoy some crisp fall weather. This week in federal government contracting saw the NDAA rounding into form, changes
- [2026 NDAA: DoD CPARS Changes Coming](https://smallgovcon.com/statutes-and-regulations/2026-ndaa-dod-cpars-changes-coming/) - Both the Senate and House, as part of the draft 2026 National Defense Authorization Acts (NDAA), have proposed nearly identical ideas on overhauling the Department of Defense's Contractor Performance Assessment Report System (CPARS) processes. While both NDAAs have passed, and therefore require reconciliation in a committee, their ideas are extremely similar and signal a coming
- [Overview of Recent Updates to Cybersecurity Requirements Under the CMMC Program (Part 2)](https://smallgovcon.com/statutes-and-regulations/overview-of-recent-updates-to-cybersecurity-requirements-under-the-cmmc-program-part-2/) - Not long ago, we discussed the basics of the Cybersecurity Maturity Model Certification (CMMC) Program at DFARS subpart 204.75. Of course, with such a large new system as the CMMC Program, there is more to it than what we reviewed there. In this second set of posts, we will dive deeper into the requirements and
- [OHA Says: Compliance with SBA Joint Venture Requirements is Determined at the Time of Final Proposal Revisions](https://smallgovcon.com/sbaohadecisions/oha-says-compliance-with-sba-joint-venture-requirements-is-determined-at-the-time-of-final-proposal-revisions/) - Navigating the U.S. Small Business Administration (SBA) regulations can sometimes feel like navigating through a room filled with laser tripwires. One wrong decision or misstep could result in the company’s disqualification. A company might make a decision relying on its understanding of one SBA regulation, unaware of the application of an entirely different SBA regulation.
- [SmallGovCon Week in Review: Nov. 10-14, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-nov-10-14-2025/) - Happy Friday! It’s been another eventful stretch across the federal landscape, as agencies continue navigating everything from sweeping acquisition updates to the lingering aftershocks of the longest government shutdown on record. In other news, SBA has cleared its VetCert backlog for SDVOSB companies. Check out the articles below for the full rundown and enjoy your
- [Happy Veterans Day From SmallGovCon](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/happy-veterans-day-from-smallgovcon-3/) - Today, on Veterans Day, we at SmallGovCon take a moment to honor the brave men and women who’ve served our country. We salute those who’ve worn the uniform and their families who’ve stood beside them. Both today and whenever we have the chance. Because this is a legal blog, we also want to remind you
- [GAO to Federal Agency: You Must Show Your Work When it Comes to Evaluation Documentation](https://smallgovcon.com/gaobidprotests/gao-to-federal-agency-you-must-show-your-work-when-it-comes-to-evaluation-documentation/) - The gears of protest resolution at the General Accountability Office have ground to a halt due to the government shutdown but not so long ago, those protest gears were turning. And during that time, GAO sustained the protest of Island Peer Review Organization, Inc., d/b/a IPRO, B-417298.2, 2025 CPD ¶ 218 (Sept. 2025) due to
- [SmallGovCon Week in Review: Nov. 3-7, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-nov-3-7-2025/) - I recently attended the NAPEX Fall conference in DC this past week. I was able to speak on the topic of The FAR Overhaul and Legal Updates for 2025. It was a great presentation with some insightful questions. Thanks to all the wonderful Apex Accelerator folks for saying hi to me. It's Friday and time
- [2025 8(a) Application Updates (Part II): SBA's 90-Day Final Decision Timeline Delays](https://smallgovcon.com/8a-program/2025-8a-application-updates-part-ii-sbas-90-day-final-decision-timeline-delays/) - Despite various impacts to SBA's 8(a) Business Development Program--both quite recently and over the last couple years (which you can read about here and here, and even listened to me talk about here)--this "golden child" of SBA's socioeconomic programs remains alive and well. And it is still one of the most lucrative and sought after
- [DOT Issues Guidance on Impact of Removal of Presumed Disadvantage](https://smallgovcon.com/federal-government-contracting/dot-issues-guidance-on-impact-of-removal-of-presumed-disadvantage/) - As discussed in a previous post on SmallGovCon, the Department of Transportation (DOT) recently issued a interim final rule removing certain presumptions of disadvantage from its eligibility requirements for the Disadvantaged Business Enterprise (DBE) Program. As part of that change, DBE Program participants and applicants will have to submit new narratives discussing their social disadvantage.
- [Webinar Announcement: Regulatory Updates in Government Contracting, Nov. 18, 2025](https://smallgovcon.com/statutes-and-regulations/webinar-announcement-regulatory-updates-in-government-contracting-nov-18-2025/) - In this webinar, hosted by the El Paso Texas APEX Accelerators, government contracting attorneys and authors Shane McCall and John Holtz will discuss the most important legal developments for federal contractors in 2025. Specifically, they will discuss the many FAR changes, important new small business rules and processing for various SBA certifications, recent cases pertinent
- [SmallGovCon Week in Review: October 27-31, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/week-in-review-october-27-31-2025/) - Happy Halloween! We hope you have the candy purchased and are ready for the trick or treaters. And speaking of scary things, another week of the government shutdown which is creating a lot of uncertainty about when agreement can be reached. One data point: all shut downs in the past have ended. But these stories
- [OHA: Contractor Learns from Earlier OHA Decision to Show Me the Money on Ostensible Subcontracting Issue](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/oha-contractor-learns-from-earlier-oha-decision-to-show-me-the-money-on-ostensible-subcontracting-issue/) - Compliance with the ostensible subcontractor rule is essential for companies seeking small business and socioeconomic set-asides. Yet many contractors learn the hard way that there is a difference between simply claiming compliance and proving it. Earlier this year, we blogged on an SBA Office of Hearings and Appeals (OHA) decision (here) that examined whether a
- [Overview of Recent Updates to Cybersecurity Requirements Under the CMMC Program (Part 1)](https://smallgovcon.com/statutes-and-regulations/overview-of-recent-updates-to-cybersecurity-requirements-under-the-cmmc-program-part-1/) - On September 10, 2025, the Department of Defense (As all the documents we address use the Department of Defense naming, we will go by that to prevent confusion.) (DoD) implemented the acquisition rules for the Cybersecurity Maturity Model Certification program at DFARS subpart 204.75. This follows the federal government’s institution of the CMMC program last
- [SmallGovCon Week in Review: October 20-24, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-20-24-2025/) - October and November always seem to be a popular conference season in the federal contracting world. Last week attorney-author Greg Weber was in Oklahoma. This week saw Nicole Pottroff visit the GovCon Kansas City 2025 to present on the topic of the Top 21 Legal Mistakes in Federal Government Contracting. It was a great event
- [DOT Ditching DBE Program's Presumed Social Disadvantage](https://smallgovcon.com/federal-government-contracting/dot-ditching-dbe-programs-presumed-social-disadvantage/) - The Department of Transportation ("DOT") has administered aspects of the Disadvantaged Business Enterprise ("DBE") program for decades for work to be performed for state and local transportation agencies. The DBE program's eligibility requirements are quite similar to those under the Small Business Administration's ("SBA") 8(a) Program. As is well known, over the past few years
- [SBA OHA: On Second Thought, Managing Venturer Must Still be in Charge of JV](https://smallgovcon.com/sbaohadecisions/sba-oha-on-second-thought-managing-venturer-must-still-be-in-charge-of-jv/) - A few months back, we discussed a case at SBA’s Office of Hearings and Appeals that took a closer look at the actions that a Non-Managing Venturer in a small business joint venture is permitted to have negative control over—that is, those actions which the Non-Managing Venturer’s disapproval can block from happening. It also addressed
- [SBA OHA: A Joint Venture Agreement Can't Step on the Managing Venturer's Toes](https://smallgovcon.com/sbaohadecisions/sbas-oha-a-joint-venture-agreement-cant-step-on-the-managing-venturers-toes/) - Joint ventures created between a small business protégé and a large mentor are without a doubt a very alluring and popular aspect of the SBA’s Mentor-Protégé Program. It provides an incentive to potential mentors to share their connections, resources, experience, and industry knowledge with small businesses, many of whom are not only small, but participants
- [SmallGovCon Week in Review: October 13-17, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-13-17-2025/) - Hello, SmallGovCon readers! It’s Friday, which means it’s time for another Week in Review. SmallGovCon attorney-author Gregory Weber recently traveled to Oklahoma City this week to attend the ICBS Conference Accelerating Success in Contracting, where he gave a presentation on one of our most requested topics—Legal Updates. A big thank you to the Oklahoma APEX
- [2025 8(a) Application Updates (Part I): New Application Countdown Timer](https://smallgovcon.com/8a-program/2025-8a-application-updates-part-i-new-application-countdown-timer/) - Despite various impacts to SBA's 8(a) Business Development Program--both quite recently and over the last couple years (which you can read about here and here, and even listen to me talk about here)--this "golden child" of SBA's socioeconomic programs remains alive and well. And it is still one of the most lucrative and sought after
- [Finalized Increases to Micro-Purchase, Simplified Acquisition, and Other Thresholds](https://smallgovcon.com/statutes-and-regulations/finalized-increases-to-micro-purchase-simplified-acquisition-and-other-thresholds/) - Last year, we noted that the FAR Council (DoD, GSA, and NASA) issued a proposed rule to adjust the statutory acquisition thresholds for inflation. Under 41 U.S.C. § 1908, the federal government must adjust these thresholds every five years to account for inflation. Effective October 1, 2025, the updated thresholds have gone into effect. In
- [Conference Announcement: ICBS Show, Oklahoma City, October 14-16, 2025](https://smallgovcon.com/events/conference-announcement-icbs-show-oklahoma-city-october-14-16-2025/) - The Indian Country Business Summit (ICBS) is hosting its annual ICBSSHOW in Oklahoma City this month. And our very own Gregory Weber will be attending and presenting on federal contracting legal updates. This presentation will be a great way for contractors to stay on top of all the recent updates in federal contracting. So, please stop by
- [GovCon KC 2025 Conference Announcement: October 22, hosted by Missouri APEX Accelerators](https://smallgovcon.com/events/govcon-kc-2025-conference-announcement-october-22-hosted-by-missouri-apex-accelerators/) - The GovCon Kansas City 2025 event is to foster connections and advancing knowledge in the government contracting community and business basics. This event brings together a wide array of industry leaders, government officials, and business professionals for a unique opportunity to network, share insights, and explore the latest developments in the field. This event is intended for
- [SmallGovCon Week in Review: October 6-10, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-6-10-2025/) - Hello, SmallGovCon Readers! It’s been a busy — and bumpy — time in the world of government contracting with the ongoing government shutdown. Still, there are some bright spots: the Senate finally confirmed a new OFPP administrator for the first time since 2019, and the GSA rolled out the first OASIS+ awardees — a big
- [It's National APEX Day!](https://smallgovcon.com/events/its-national-apex-day/) - APEX Accelerators play a crucial yet often underappreciated role in the world of federal government contracting. These programs, formerly known as Procurement Technical Assistance Centers (PTACs), serve as vital connectors between small businesses and the complex landscape of government procurement. By offering free or low-cost training, one-on-one counseling, and expert guidance, APEX Accelerators empower businesses—especially
- [GAO: SDVOSB Eligibility Required at Time of the Award (Not just Offer) for VA Procurements](https://smallgovcon.com/gaobidprotests/gao-sdvosb-eligibility-required-at-time-of-the-award-not-just-offer-for-va-procurements/) - Many Service-Disabled Veteran-Owned Small Businesses (SDVOSB) operate under the assumption that SDVOSB certification is only required at the time of initial offer for SDVOSB set aside contracts. But as one company recently learned the hard way, SDVOSB eligibility for VA procurements must be maintained at both the time of offer and award. In Richard Group,
- [SmallGovCon Week in Review: September 29-October 3, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-29-october-3-2025/) - It's Friday and time for another week in review. Well, as we all know, this week's news is all about the government shut down and the impact on federal government contracting. The days ahead remain uncertain, but the impacts of the shutdown are already rippling across the federal landscape. Until this is resolved, hang in
- [SmallGovCon Week in Review: September 22-26, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-22-26-2025/) - Hello, SmallGovCon Readers! It's Friday and time for another week in review. A potential government shutdown is prominent in this week's headlines and poses some challenges for federal contractors. As negotiations in Congress drag on, contractors are faced with a lot of uncertainty. You can read more about this and strategies to deal with the
- [SBA's SDVOSB Warning: Spell Out Veteran Control in Business Documents and Minutes](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/sbas-sdvosb-warning-spell-out-veteran-control-in-business-documents-and-minutes/) - It is quite common for businesses in the private sector to share control and duties among many executives or individuals. However, as many who have looked into SBA socioeconomic certifications have found out, to gain certification in a set-aside program, basically all control needs to reside with one individual. Recently, the SBA's Office of Hearings
- [OHA: Size Protest Review Must be More Than a Rubber Stamp](https://smallgovcon.com/sbaohadecisions/oha-size-protest-review-must-be-more-than-a-rubber-stamp/) - As Federated Maritime, LLC, SBA SIZ-6360, 2025 demonstrates, an agency’s review of a size protest must be more than just a surface-level review and a rubber stamp. This size appeal started with a disappointed bidder (here, the Appellant) that questioned the relationship between Schuyler Line Navigation Company, LLC (or Awardee), a company that won two
- [SmallGovCon Week in Review: September 15-19, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-15-19-2025/) - Happy Friday. Federal contracting is seeing a lot of movement lately. Contractors, as usual, must stay flexible as the federal acquisition world and rules keep shifting. With regulatory updates rolling out and fresh talk of bid protest reforms, contractors have a lot to keep up with. Luckily, we have summarized these updates for you! You
- [A Refresher on How the Small Business Rule of Two Generally Works](https://smallgovcon.com/gaobidprotests/a-refresher-on-how-the-small-business-rule-of-two-generally-works/) - We have talked a good deal about the Small Business Rule of Two (not to be confused with the separate VA rule of two for veteran-owned businesses) over the years. The (very) general gist of the rule is this: If the procurement is above the simplified acquisition threshold, the agency must set it aside for
- [SmallGovCon Week in Review: September 8-12, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-8-12-2025/) - This week's Week in Review includes quite a few updates from the federal procurement world. Federal contractors should take note of several major updates. These include: A new GSA streamlining office DoD finalized CMMC rules Increased federal IT spending overall You can read more about these topics and more in the articles below. Energy Dept
- [SmallGovCon Week in Review: September 1-5, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-1-5-2025/) - Happy Friday and happy September! We hope you had a great Labor Day weekend. It’s that time of year when everything starts to shift. The chill in the air and the marketing of pumpkin spice fills your social media feeds. My kids are back in school and football is back in session as well. Hope
- [Why File: An Appeal of SBA's 8(a) Program Denial](https://smallgovcon.com/8a-program/why-file-an-appeal-of-sbas-8a-program-denial/) - The U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (the 8(a) Program) is a popular set-aside program that provides a lot of opportunities for small businesses. In hopes of becoming one of those successful businesses, it is common for a company to invest a lot of time, money, and resources into their 8(a) Program
- [SmallGovCon Attorney-Author Stephanie Ellis Discusses Small Business Contracting goals on "The Federal Drive"](https://smallgovcon.com/events/smallgovcon-attorney-author-stephanie-ellis-discusses-small-business-contracting-goals-on-the-federal-drive/) - I recently had the opportunity to discuss small business contracting goals with Terry Gerton, host of "The Federal Drive with Terry Gerton." This was a follow-up to a post I wrote in July regarding the changing landscape of federal small business government contracting requirements. That post, published earlier in 2025, focused on the changes to
- [SmallGovCon Week in Review: August 25-29, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-25-29-2025/) - Happy Friday and happy Labor Day weekend! Labor Day was established to honor the hard work and achievements of American workers. It originated in the late 19th century during a time of growing labor movements advocating for fair wages, safe working conditions, and reasonable hours. Today, it not only pays tribute to those efforts but
- [SBA Proposes Increases to Receipts-Based Size Standards](https://smallgovcon.com/statutes-and-regulations/sba-proposes-increases-to-receipts-based-size-standards/) - Every five years the SBA is supposed to review some of its size standards. In August 2025, the SBA issued a proposed rule which would increase the size standard for over two hundred and sixty industries. As the proposed rule explains in great detail, SBA increased size standards for some NAICS codes and retained others.
- [Check out SmallGovCon's own Nicole Pottroff on the T.W.I.G. Podcast Discussing 8(a) Program Updates](https://smallgovcon.com/events/check-out-smallgovcons-own-nicole-pottroff-on-the-t-w-i-g-podcast-discussing-8a-program-updates/) - Partner Nicole Pottroff recently appeared on the GovGenie This Week in Government Contracting (T.W.I.G.) Podcast. The topic was Navigating New SBA 8(a) Rules: What You Need to Know. It was a great time speaking with the hosts of that podcast, including Abraham Xiong. Check out this important information for those who are interested or currently
- [New Podcast out now with Govcon Giants](https://smallgovcon.com/events/new-podcast-out-now-with-govcon-giants/) - Check out my podcast recording with Eric Coffie of Govcon Giants. In this podcast, we talk about about key strategies that can help small businesses succeed. From the importance of understanding the Small Business Administration (SBA) rules to forming effective joint ventures and teaming agreements. Check out this recording and a lot of other great
- [Govology Webinar: Avoiding Common Bid Protest Mistakes, September 11, 2025](https://smallgovcon.com/gaobidprotests/govology-webinar-avoiding-common-bid-protest-mistakes-september-11-2025/) - Bid protests are an unavoidable part of federal contracting—and they seem to be happening more often as competition grows. What many contractors don’t realize is that the outcome of a protest is often determined before it’s even filed. Understanding the rules, timelines, and procedures is critical to protecting your company’s chances. In this focused course,
- [GAO Report Discusses Potential Reforms for Fee Shifting and Enhanced Pleading Standards in Protests](https://smallgovcon.com/gaobidprotests/gao-report-discusses-potential-reforms-for-fee-shifting-and-enhanced-pleading-standards-in-protests/) - It’s no secret to anyone that the landscape of federal government contracting has been rapidly changing in recent years. For instance, there have been concerns that mentor-protégé joint ventures under the SBA’s Mentor-Protégé Program have been too successful. More recently, changes have been made to small business contracting goals to reduce the agency level requirements
- [SmallGovCon Week in Review: August 18-22, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-18-22-2025/) - Happy Friday! It's beginning to look like the Fall season is upon us, with the kids going back to school and football season starting. Our college town is buzzing with activities as the students arrive to start the semester. We hope you have a wonderful weekend and can catch a game or two. This week
- [OHA Says: For a Size Protest, Bring the Receipts or Face Dismissal](https://smallgovcon.com/sba-size-protests/oha-says-for-a-size-protest-bring-the-receipts-or-face-dismissal/) - Filing a size protest requires more than just pointing the finger at the protested concern and hoping SBA decides to investigate further. The protest must contain at least some level of specific information that demonstrates why the protested concern is other than small. SBA regulations, in particular, require that the size protest be “sufficiently specific
- [SBA Aims to Streamline SBIC Program, Make Investment Easier](https://smallgovcon.com/statutes-and-regulations/sba-aims-to-streamline-sbic-program-make-investment-easier/) - For years, the Small Business Administration (SBA) has run a program for Small Business Investment Companies (or SBICs) to, in part, allow for “low-cost, government-backed capital that you can use to increase private investments in U.S. small businesses.” For small business federal contractors, there is also an affiliation benefit that applies to SBICs. But, we
- [SmallGovCon Week in Review: August 11-15, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-11-15-2025/) - Happy Friday to our SmallGovCon readers. I just got back from a lovely trip through upstate New York and Canada to visit Niagara Falls. Here is the view of Horseshoe Falls, the largest of the waterfalls in Niagara Falls. The view of the falls is majestic and the cooler weather in that area was a
- [Timing is Everything: GAO Dismisses Post-Bid Protest of Solicitation Terms as Untimely](https://smallgovcon.com/gaobidprotests/timing-is-everything-gao-dismisses-post-bid-protest-of-solicitation-terms-as-untimely/) - It is safe to say that every federal contractor, at one time or another, has felt the terms of a solicitation were unfair or otherwise didn’t make sense. Federal agencies are comprised of people, and people make mistakes. Sometimes, then, mistakes make it into the solicitation. Unfair or erroneous terms in a solicitation are a
- [GovCon FAQs: Can I Ask the Government to Participate in ADR?](https://smallgovcon.com/statutes-and-regulations/govcon-faqs-can-i-ask-the-government-to-participate-in-adr/) - Why yes, yes you can! In fact, there is a little known provision of the Federal Acquisition Regulations (FAR) that speaks directly to a contractor's right to request government participation in Alternative Dispute Resolution (ADR) for any contracting "issue in controversy." And as long as the four essential elements of ADR stated therein are met,
- [SmallGovCon Week in Review: August 4-8, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-4-8-2025/) - Happy Friday! I just got back from a trip to Niagara Falls and enjoyed some cooler weather up there. Unfortunately, the bulk of the country, including in the Midwest, is suffering through some heat. I think it is safe to say that we are looking forward to some cooler weather this Fall. We hope you
- [GAO Pushes Back on 2025 NDAA's Fee Shifting Suggestion](https://smallgovcon.com/gaobidprotests/gao-pushes-back-on-2025-ndaas-fee-shifting-suggestion/) - Diving into the National Defense Authorization Act ("NDAA") has become something of an annual tradition in federal contracting. There seem to always be some sections that impact federal contracting, pushing for changes in processes or procurements. Part of 2025's NDAA suggests fee shifting when there is a GAO protest of a Department of Defense ("DoD")
- [Back to Basics: Brand Name or Equal](https://smallgovcon.com/statutes-and-regulations/back-to-basics-brand-name-or-equal/) - In some circumstances, it is in the best interest of the government customer to require a specific item made by a specific manufacturer. Though it doesn’t use this technique often, the government can achieve this by soliciting the contract using a “brand name or equal” basis. But the government can’t just decide that it wants
- [SmallGovCon Week in Review: July 28-August 1, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-28-august-1-2025/) - Happy Friday! And happy August! The cool Fall weather is slowly, but steadily making its way to the Midwest. Let us tell ya', we at SmallGovCon are quite excited for more double-digit temperatures (as 100+ degrees is nothing rare for a summer in Kansas). And as you can see from all the happenings in the
- [Back to Basics: HUBZone Eligibility](https://smallgovcon.com/hubzone-program/back-to-basics-hubzone-eligibility/) - When exploring the world of SBA socioeconomic programs, the Historically Underutilized Business Zone (HUBZone) Program isn’t always the first program on a business’ radar. One reason for this could be the distinct eligibility requirements an applicant must meet to qualify for HUBZone certification. This is the only socioeconomic program where SBA requires a company’s principal
- [SmallGovCon Week in Review: July 21-25, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-21-25-2025/) - Happy Friday! It’s been a busy week in the federal government space, with leadership changes and sweeping workforce shifts making headlines. For one, the State Department’s deputy secretary has stepped in as acting head of the GSA. Contractors should also keep a close eye on changes ranging from the NDAA to SBA rules, with new
- [FY2024 Small Business Scorecard Shows Strong Small Business Federal Contracting Numbers](https://smallgovcon.com/reports/fy2024-small-business-scorecard-shows-strong-small-business-federal-contracting-numbers/) - Once a year the SBA publishes its scorecard which rates how well federal agencies have met their small business contracting goals. The purpose? To provide a sense of how strong the federal government's small business contracting initiatives are performing on an annual basis. And for 2024, the overall federal contracting dollars paid to small businesses
- [SmallGovCon Week in Review: July 14-18, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-14-18-2025/) - Happy Friday! We've finally received some much-needed rain this week in the Midwest, after a very warm couple of weeks. It seems there has been quite a lot of rain around the country, as well. We hope you are staying cool, dry, and safe out there. It's also been another busy week in the federal
- [SmallGovCon Week in Review: July 7-11, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-7-11-2025/) - Welcome to another edition of the SmallGovCon Week in Review. We hope that our SmallGovCon readers have a great and relaxing weekend. While the kids may be out of school, the government sure isn't, and it pays to stay on top of the latest in federal contracting. This week in federal government contracting, key stories
- [Small Business Contracting Goals: Current State of Agency Goals](https://smallgovcon.com/reports/small-business-contracting-goals-current-state-of-agency-goals/) - In recent years, the Small Business Administration’s small business contracting goals have been on an upswing, with the requirements growing beyond the statutorily required minimums in an effort to encourage federal agencies to increase awards to small businesses, especially disadvantaged businesses. That is, until now. With the current administration’s focus on “Ending Radical And Wasteful
- [SBA Introduces its New Small Business Search System](https://smallgovcon.com/federal-government-contracting/sba-introduces-its-new-small-business-search-system/) - Recently, and with very little fanfare, the SBA released its Small Business Search system (SBS), replacing the Dynamic Small Business Search (DSBS) system that had been in use for a number of years. Per the SBA, existing business profiles have been migrated to this new platform. However, it is a good idea to take a
- [SBA OHA Says: Claiming Social Disadvantage? Prove it!](https://smallgovcon.com/sbaohadecisions/sba-oha-says-claiming-social-disadvantage-prove-it/) - Many individuals who have gone through SBA’s 8(a) Business Development Program (the 8(a) Program) will tell you that the application process is not for the faint of heart. One of the most time-consuming, and often frustrating hurdles of the application is the Social Disadvantage Narrative (or SDN). Applicants are asked to revisit painful moments
- [Happy Independence Day from SmallGovCon!](https://smallgovcon.com/federal-government-contracting/happy-independence-day-from-smallgovcon-2/) - Happy 4th of July! We hope that our SmallGovCon readers have a happy and safe holiday. This is a good time to remember that this country would be a far different place had we not achieved independence from the United Kingdom in the manner that we did. And maintaining the independence of this country takes
- [SBA Announces an Audit of 8(a) Program Contracts](https://smallgovcon.com/8a-program/sba-announces-an-audit-of-8a-program-contracts/) - SBA has announced that it will be auditing the 8(a) Program in a recent press release entitled: "Administrator Loeffler Orders Full-Scale Audit of 8(a) Contracting Program." 8(a) Participants and former Participants should be aware that SBA will be focusing on a review of contracts issued under the 8(a) Program. The announcement from SBA cites to
- [Back to Basics: Terminations](https://smallgovcon.com/statutes-and-regulations/back-to-basics-terminations/) - The word "termination" in nearly every context elicits concern. And in federal contracting, such concern may often be warranted. Some terminations are no big deal, resulting in a federal contract--or even just part of one--being ended a bit early for convenience of the government. But other terminations, based on alleged default or deemed "for cause,"
- [SmallGovCon Week in Review: June 23-27, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-23-27-2025/) - Happy Friday and happy summer, everyone! Things are really heating up here in the Midwest as well as the rest of the country. But the heat does not mean the WIR takes a week off. Rather, the news is just as hot off the press as is the weather. This week in federal government contracting
- [End of the Bona Fide Place of Business Moratorium](https://smallgovcon.com/statutes-and-regulations/end-of-the-bona-fide-place-of-business-moratorium/) - SBA requires that, for 8(a) Program construction contract set-asides, the contractor must have a “a bona fide place of business in the applicable geographic area.” 13 C.F.R. § 124.501. In 2021, SBA suspended the enforcement of this requirement in light of the COVID-19 pandemic. On June 17, 2025, SBA announced that this moratorium is coming
- [GovCon FAQs: What is the Difference Between an REA and a Claim?](https://smallgovcon.com/govcon-faqs/govcon-faqs-what-is-the-difference-between-an-rea-and-a-claim/) - There is an old saying that the only thing constant is change. While true in a broad sense, it is especially true in federal contracting. At some point a federal contractor will find itself facing a change to its contract or performance, costing it money or time. Inevitably, that leads to the question of whether
- [SmallGovCon Week in Review: June 16-20, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-16-20-2025/) - Happy Friday! Juneteenth, celebrated on June 19th, marks a powerful moment in American history—the day in 1865 when enslaved people in Galveston, Texas, learned they were free, more than two years after the Emancipation Proclamation. It stands as a celebration of freedom, resilience, and the ongoing struggle for equality. Have a wonderful weekend! This week
- [SmallGovCon Week in Review: June 2-6, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-3-6-2025/) - Happy Friday! Hope you are ready for a great weekend! Lots going on the federal government contracting world this week. This included updates on the FAR overhaul, as well as budget cuts at SBA that could leave SCORE and other programs in trouble if budget cuts go through. Native American programs protected from Trump's anti-DEI
- [[1st Ever Bilingual] Webinar Announcement: The SBA 8(a) Program, June 26, 2025, 12:30 PM - 2:30 PM CDT](https://smallgovcon.com/8a-program/1st-ever-bilingual-webinar-announcement-the-sba-8a-program-june-26-2025-1230-pm-230-pm-cdt/) - Are you a disadvantaged small business owner looking for a leg-up in the federal marketplace? Well, this is your chance! Puerto Rico APEX Accelerators are hosting a FREE webinar to help you understand how the SBA 8(a) Business Development Program can open the door to exclusive contracting opportunities. And in very exciting news, this will
- [SmallGovCon Week in Review: June 9-13, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-9-13-2025/) - Another work week in the books. Hope you had a great one. Happy Father's Day to all the dads out there and hope they have a relaxing weekend! This week in federal government contracting included stories about DoD fraud, DOGE cost-savings, and GSA centralizing additional work. USDA ended contract for food assistance ‘clearinghouse’ required by
- [Webinar! SBA & DoD Mentor-Protégé Program, June 24, 2025, 10:00-11:30am MDT, hosted by Texas El Paso APEX Accelerators](https://smallgovcon.com/events/webinar-sba-dod-mentor-protege-program-june-24-2025-1000-1130am-mdt-hosted-by-texas-el-paso-apex-accelerators/) - Touted as a “game-changer” when it was first introduced in 2016, the U.S. Small Business Administration’s All Small Mentor-Protégé Program isn’t new anymore. Known now as simply the “SBA Mentor-Protégé Program,” it is still extremely useful for large and small contractors alike. Government contracts attorneys John Holtz and Stephanie Ellis of Koprince McCall Pottroff LLC
- [FAR Council Removes Rule on Small Business Orders](https://smallgovcon.com/statutes-and-regulations/far-council-removes-rule-on-small-business-orders/) - A couple FAR notices have removed proposed SBA rules relating to orders on multiple award contracts. This withdrawal seems to have the affect of decreasing the overall application of the small business Rule of Two, as discussed here. However, it only impacts the application of the rule of two to orders under multiple award contracts
- [Back to Basics: Interested Parties](https://smallgovcon.com/gaobidprotests/back-to-basics-interested-parties/) - Imagine you’ve submitted a bid for a procurement that you believe your company is a shoo-in for. Nobody comes close to the experience and skills your company brings to the table. A while later, you learn that the new company down the street was awarded the contract. There clearly must be a mistake. The awardee doesn't
- [FAR 52.222-46 Again? GAO Sustains Protest that Agency Price Evaluation was Unreasonable](https://smallgovcon.com/gaobidprotests/far-52-222-46-again-gao-sustains-protest-that-agency-price-evaluation-was-unreasonable/) - Agencies get a lot of discretion when it comes to evaluating proposals. We’ve explored several different cases where GAO affirmed this principle. However, this principle is not absolute. Contrary to what some might think, there are limits on an agency’s discretion when it comes to how it evaluates proposals. Recently, the Air Force was reminded
- [COFC: Ostensible Subcontractor Rule for General Construction Still Looks at all Circumstances ](https://smallgovcon.com/statutes-and-regulations/cofc-ostensible-subcontractor-rule-for-general-construction-still-looks-at-all-circumstances/) - As frequent SmallGovCon readers know, the Small Business Administration’s ostensible subcontractor rule can be tricky to navigate. The rule requires contractors not to rely too heavily on a subcontractor in the performance of a contract set aside under an SBA socioeconomic program, but what constitutes relying too heavily can be confusing for small business contractors.
- [SmallGovCon Week in Review: May 26-30, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-26-30-2025/) - Happy Friday! The sun is shining here in the Midwest and after several days of rain, June is upon us. Time to get the lawn mower started this weekend. We hope you have some fun plans for the summer, other than mowing the lawn, with friends and family. This week in federal government news, catch
- [Be Careful, FAR Updates Generally Not Retroactive, Says COFC](https://smallgovcon.com/u-s-court-of-federal-claims/be-careful-far-updates-generally-not-retroactive-says-cofc/) - The United States Court of Federal Claims (COFC) produced another decision focused on SAM registration and related FAR updates. We previously discussed the changes to the FAR no longer requiring constant SAM registration to be awarded a contract. We have also blogged on a recent COFC decision regarding solicitation amendments based on the new FAR
- [SmallGovCon Week in Review: May 19-23, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-19-23-2025/) - Happy Friday, SmallGovCon readers! Hope you had a great week and have some nice plans for the long weekend. Memorial Day, originally known as Decoration Day, originated in the years following the Civil War and became an official federal holiday in 1971. Unofficially, it marks the beginning of the summer season. To all those that
- [Switcheroo – FAR Change Allows Agency to Amend Solicitation to Broaden Eligibility for Procurement ](https://smallgovcon.com/statutes-and-regulations/switcheroo-far-change-allows-agency-to-amend-solicitation-to-broaden-eligibility-for-procurement/) - This past November, we observed a change in the rules regarding SAM registration requirements for procurements. Prior to this rule change, both GAO and the Court of Federal Claims (COFC) had found that the FAR requires offerors to maintain SAM registration throughout the evaluation period for a procurement. With the rule change, FAR 52.204-7 (the
- [Why File: A Once 8(a), Always 8(a) Protest](https://smallgovcon.com/gaobidprotests/why-file-a-once-8a-always-8a-protest/) - As our SmallGovCon readers might know, the SBA’s 8(a) Business Development Program is often thought of as the golden goose of federal government contracting, at least for small businesses. And it's true, in some respects. While it is the most difficult of the SBA’s socioeconomic programs to gain admittance to, if admitted, you stand to
- [SmallGovCon Week in Review: May 12-16, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-12-16-2025/) - Happy Friday! You've made it through another week, and your reward is the Week in Review. This week saw some interesting stories: VA is getting a new top watchdog, there is a new budget proposal, and GAO is highlighting over $100M in potential savings from consolidating IT systems. You can read more about these topics
- [Help Please: SBA Asking for Input on Mentor-Protege and Joint Venture Issues](https://smallgovcon.com/statutes-and-regulations/help-please-sba-asking-for-input-on-mentor-protege-and-joint-venture-issues/) - SBA has indicated that it will be holding a tribal consultation meeting in June. Among the topics to be discussed will be the 8(a) Program and SBA Mentor-Protege Program and joint ventures. This request is interesting because it reveals a little bit about what the SBA is thinking with regards to the Mentor-Protégé Program and
- [ChatGPT is Not Your Lawyer (Even If it Sounds Like One), Recent GAO Case Confirms](https://smallgovcon.com/gaobidprotests/chatgpt-is-not-your-lawyer-even-if-it-sounds-like-one-recent-gao-case-confirms/) - The world of Artificial Intelligence (AI) is a growing topic that many are eager to share their opinions on. There are people excited to witness this advancement of technology and are eager to implement AI programs into their lives and/or businesses to optimize efficiency. Others are uneasy about the advancements of AI, fearing replaceability or
- [SmallGovCon Week in Review: April 5-9, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-5-9-2025/) - Happy Friday and Happy Mother's Day weekend! Mother’s Day is a time to celebrate the incredible strength, love, and dedication that mothers show every day. Take a moment to say thank you, share a memory, or simply let her know how much she means. This week in federal government contracting news included stories about the
- [No More HUBZone Price Preference for Most Mentor-Protege Joint Ventures](https://smallgovcon.com/hubzone-program/no-more-hubzone-price-preference-for-most-mentor-protege-joint-ventures/) - An advantage of being a HUBZone Program contractor is the aptly-named HUBZone price evaluation preference. The possibility of utilizing that price preference has been a great reason for contractors to form joint ventures with HUBZone businesses. However, contractors need to be aware that SBA has effectively eliminated the usage of price preference within certain joint
- [SBA Defines "Offer" for Purposes of 180-Day Rule After Small Business Acquisition](https://smallgovcon.com/sbaohadecisions/sba-defines-offer-for-purposes-of-180-day-rule-after-small-business-acquisition/) - SBA and the FAR contain rules governing a situation where a small business is purchased by another entity and becomes a large business. SBA has recently updated those rules in a new regulation found at 13 C.F.R. § 125.12. In particular, there is a special scenario where a small business has submitted an offer on
- [Govology Webinar Announcement! Small Business Size Standards and Affiliation: Lessons for Every Federal Contractor, May 15, 2025, 1:00pm EDT](https://smallgovcon.com/federal-government-contracting/govology-webinar-announcement-small-business-size-standards-and-affiliation-lessons-for-every-federal-contractor-may-15-2025-100pm-edt/) - For small business set-aside contracts, including socioeconomic set-asides like the 8(a) program, a federal contractor must meet the SBA’s size standards. These size standards vary by industry and solicitation and are based on either average annual receipts or the number of employees. But size alone doesn’t tell the whole story. Many small businesses are surprised
- [SmallGovCon Week in Review: April 28-May 2, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-28-may-2-2025/) - Happy May, SmallGovCon readers! Welcome to the Week in Review. We are entering the end of the school year for those with kiddos, a time when we all start dreaming of those summer vacations, right on the horizon. But in federal contracting, there were a number of interesting updates. These included a request from OMB
- [Why File: A HUBZone Status Protest](https://smallgovcon.com/hubzone-program/why-file-a-hubzone-status-protest/) - Lately, it seems there has been an uptick in questions we receive at webinars, on the blog, and from prospective clients about the HUBZone program. There may be more interest in this program than there has been in the past as it could be a key tool for procurement designations in the future. At the
- [GovCon FAQs: Is There Still an Ostensible Subcontractor Rule?](https://smallgovcon.com/govcon-faqs/govcon-faqs-is-there-still-an-ostensible-subcontractor-rule/) - We recently blogged about a decision that focused on the ostensible subcontractor rule and how the SBA’s Office of Hearings and Appeals (OHA) determines whether a subcontractor is an ostensible subcontractor or not. This and other similar cases have raised the question--how has SBA's regulatory update affected the analysis of the ostensible subcontractor rule, and
- [Webinar Announcement! Shaping Opportunities in the New GovCon Climate, May 8, 2025, 11:00am CDT](https://smallgovcon.com/events/webinar-announcement-shaping-opportunities-in-the-new-govcon-climate-may-8-2025-1100am-cdt/) - Please join Greg Weber and me to discuss how recent executive orders are having an effect on the contracting landscape, and how they interact with important new small business rules and updates, joint venture changes and guidance, and recent cases. This discussion will focus on existing small business and evaluation rules and regulations, and how those fit
- [SmallGovCon Has 10,000 Subscribers!](https://smallgovcon.com/uncategorized/alert-smallgovcon-has-10000-subscribers/) - We wanted to thank our loyal SmallGovCon readers for this milestone: we now have 10,000 subscribers to our newsletter! Our attorney-authors have always worked to make our posts helpful, timely, and easy to read. Our number of subscribers is a testament that we are doing something right. A special thanks to the tireless efforts of
- [A Look at the Duty of Good Faith and Fair Dealing (Part III)](https://smallgovcon.com/u-s-court-of-federal-claims/a-look-at-the-duty-of-good-faith-and-fair-dealing-part-iii/) - For a few weeks now, we have looked at a recent Court of Federal Claims (COFC) decision in two parts regarding the duty of good faith and fair dealing. In the first part, we observed how insistence on the terms of a contract is not a breach of good faith and fair dealing. In the
- [SmallGovCon Week in Review: April 21-25, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-21-25-2025/) - Happy Friday! April is almost over and it's time to get out there and star mowing those lawns! We have had quite a bit of rain here in the Midwest so the grass is growing pretty fast right now. We hope you have a wonderful weekend and can get outside to enjoy the Spring weather.
- [GovCon FAQs: It's Been Two Years--Has My Joint Venture Reached the End of the Road?](https://smallgovcon.com/uncategorized/govcon-faqs-its-been-two-years-has-my-joint-venture-reached-the-end-of-the-road/) - The lifespan of a joint venture is a frequently asked question that can be hard to find in SBA’s regulations if you don’t know where to look. Alternatively, people hear about the "two-year rule” and assume that’s the answer. This question comes up frequently because, like many topics in federal contracting, the answer requires some
- [News Flash: SBA Releases Final HUBZone Rule Update, Other Small Business Changes](https://smallgovcon.com/hubzone-program/news-flash-sba-releases-final-hubzone-rule-and-many-other-small-business-changes/) - SBA has released the final rule for the HUBZone Program Updates and Clarifications, and Clarifications to Other Small Business Programs on December 17, 2024. As we have discussed, this rule made a lot of changes to the HUBZone program. But it also updated a lot of other small business rules. Below are the details on
- [SmallGovCon Week in Review: April 14-18, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-14-18-2025/) - Welcome to the latest edition of the Week in Review. It's been a busy week in the federal government contracting world and the attorney-authors at SmallGovCon are striving to provide you with the latest updates. Some key stories from this week include executive orders on massive procurement reform (read our summary here) and the push
- [Update: SBA Proposed Rule Would Require “Rule of Two” Application to Multiple Award Contract Task and Delivery Orders (Part II)](https://smallgovcon.com/statutes-and-regulations/update-sba-proposed-rule-would-require-rule-of-two-application-to-multiple-award-contract-task-and-delivery-orders-part-ii/) - In Part I of this two-part blog, we covered an SBA proposed rule that would require agencies to apply the Rule of Two to most standard multiple award contracts (MACs) and task and delivery orders thereunder. In that blog, we covered the Rule of Two generally and the basics of SBA's proposed changes to it.
- [SmallGovCon Week in Review: April 7-11, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-7-11-2025/) - Happy Friday! We hope you had a great week. This week in federal government contracting: GSA has announced a fresh round of OASIS Plus unrestricted awardees, expanding opportunities for vendors in the professional services space, and OMB also released memos signaling new AI policy goals. You can read more about this and other federal government
- [A Look at the Duty of Good Faith and Fair Dealing (Part II)](https://smallgovcon.com/u-s-court-of-federal-claims/a-look-at-the-duty-of-good-faith-and-fair-dealing-part-2/) - Recently, we looked at part of a Court of Federal Claims (COFC) decision regarding the duty of good faith and fair dealing. In that post, we observed how, unsurprisingly, the government’s insistence that a contractor carry out the express terms of a contract is not strong ground for a claim of breach of the duty
- [Playing by the Rules: GAO Reminds Agency to Follow Criteria in Evaluating Past Performance](https://smallgovcon.com/gaobidprotests/playing-by-the-rules-gao-reminds-agency-to-follow-criteria-in-evaluating-past-performance/) - In federal contracting, often times the agencies are given a good amount of leeway in their evaluations and award decisions, so long as the agency followed the solicitation terms. In a recent GAO decision, an agency was reminded by the GAO that it must follow exactly what it wrote in its solicitation when making its
- [SmallGovCon Week in Review: March 31- April 4, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-31-april-4-2025/) - Happy April! We are having our typical Midwest spring weather here, where one day it is warm and sunny and the next day it is cold and rainy. We have to keep every type of jacket at the ready because one never knows what to expect. We hope you have had a great week and
- [Update: SBA Proposed Rule Would Require "Rule of Two" Application to Multiple Award Contract Task and Delivery Orders (Part I)](https://smallgovcon.com/statutes-and-regulations/update-sba-proposed-rule-would-require-rule-of-two-application-to-multiple-award-contract-task-and-delivery-orders-part-i/) - SBA's recently proposed rule seeks to officially broaden the reach of its "Rule of Two"--a government contracting requirement fundamental to supporting our nation's small business infrastructure, policies, and goals. I emphasize "officially" because, even though this is technically a proposed change to SBA's rules, it is really more of a "regulatory implementation" of judicial law
- [Money Talks: CEO's IRA Withdrawal Results in 8(a) Program Denial](https://smallgovcon.com/sbaohadecisions/money-talks-ceos-ira-withdrawal-results-in-8a-program-denial/) - Whether you know from firsthand experience or have read our blogs on the topic, it’s no secret that a company applying for one of SBA’s socioeconomic programs will be examined extremely closely by SBA during the application process. Sometimes even more so in the 8(a) Program. This can include sifting through the language in a
- [Executive Order: Consolidation of Procurement](https://smallgovcon.com/federal-government-contracting/executive-order-consolidation-of-procurement/) - The Trump administration has issued an executive order entitled Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement. This order, or Consolidation EO, has some guidelines for how procurement will be reorganized under the Trump administration, so it's useful to go through some of the key language. One item in particular is a keen focus
- [A Look at the Duty of Good Faith and Fair Dealing (Part 1)](https://smallgovcon.com/u-s-court-of-federal-claims/a-look-at-the-duty-of-good-faith-and-fair-dealing-part-1/) - The duty of good faith and fair dealing in contract law is, admittedly, a bit poorly named. It does not require that a party act in bad faith to breach it. You do not need to act nefariously to run afoul of it. But then the question arises: What is it? How does one breach
- [SmallGovCon Week in Review: March 24-28, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-24-28-2025/) - Hello! It's Friday and time for another week in review. This time of year brings both the ripping up of March Madness brackets and the opening day of baseball--hope springs eternal! And for non-sports ball folks, we hope that spring is bringing all of our readers both renewed energy and productivity. This week saw a
- [Webinar Event! Top 21 Legal Mistakes in Federal Government Contracting, April 9, 2025, 11:00-12:00pm CDT](https://smallgovcon.com/events/webinar-event-top-21-legal-mistakes-in-federal-government-contracting-april-9-2025-1100-1200pm-cdt/) - Federal contracting rules and laws are complicated, and the rules aren’t always intuitive. Many contractors make legal mistakes routinely, involving everything from completing SAM profiles to calculating small business size to communicating with government contracting officers. Federal government contracts attorneys, Shane McCall & Annie Birney of Koprince McCall Pottroff, will discuss the top 21 most
- [OHA Says: Show me the Money! (in Ostensible Subcontracting Review)](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/oha-says-show-me-the-money-in-ostensible-subcontracting-review/) - Size and status protests, which are reviewed by the SBA’s Office of Hearings and Appeals (OHA), are far less common than GAO protests which protest an evaluation aspect of a solicitation or award. But when they are used they can be a powerful tool to keep contracting dollars intended for small businesses to stay with
- [SmallGovCon Week in Review: March 17-21, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-17-21-2025/) - Happy Spring! It's been a long, cold winter here in the Midwest. But we are starting to see many signs of spring this week. I just got back from a spring break trip to Gulf Shores and Fort Morgan, Alabama and this picture was taken on the beach there. It was a great time to
- [Dealing with Contract Alterations and Modifications Due to Changes in the Administration](https://smallgovcon.com/federal-government-contracting/dealing-with-contract-alterations-and-modifications-due-to-changes-in-the-administration/) - There are many questions facing contractors during this time of change and disruption based on new initiatives from the Trump Administration and the impact on the federal government’s role buying from federal contractors. One of the biggest questions is what can be done if the government modifies a contract, cancels work, or reschedules the performance
- [SBA Proposed Rule: New Size and Status Recertification Standard](https://smallgovcon.com/statutes-and-regulations/sba-proposed-rule-new-size-and-status-recertification-standard/) - Editor's Note: SBA implemented this rule effective January 16, 2025. In a proposed rule in August of 2024, SBA has unveiled a brand new regulation related specifically to recertification of size and status. A frequent question of federal contractors is whether they can continue to be small, or maintain a specific socio-economic status (i.e., WOSB,
- [SmallGovCon Week in Review: March 10-14, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-10-14-2025/) - Happy Friday. Hope everyone had a great week. We wanted to share an announcement this week that WIFCON.com is back. Posted from the website: "Wifcon.com was created by Robert (Bob) Antonio 26 years ago. Operated and maintained solely by him and at his own expense, the website has provided a free, reliable, and invaluable source
- [NAICS Code Appeal Still a Powerful Tool](https://smallgovcon.com/naics-code-appeals/naics-code-appeal-still-a-powerful-tool/) - When contractors think of protests or litigation related to federal contracting, likely their thoughts go to a bid protest or a size protest. Additionally, when thinking of protesting prior to bids being due, the focus generally is on the wording and provisions of a solicitation. However, contractors should not forget how powerful a tool a
- [NAICS Code Appeals: Infrequent, but Often Successful](https://smallgovcon.com/naics-code-appeals/naics-code-appeals-infrequent-but-often-successful/) - NAICS code appeals at the SBA Office of Hearings and Appeals are infrequent, and are often dismissed. But those NAICS code appeals decided on the merits are successful nearly half of the time.
- [Spell it Out for Me: OHA Finds Joint Venture Agreement Compliant When Reviewed with Operating Agreement](https://smallgovcon.com/sbaohadecisions/spell-it-out-for-me-oha-finds-joint-venture-agreement-compliant-when-reviewed-with-operating-agreement/) - When an SBA approved mentor and protégé create a joint venture to pursue contracts set-aside for small businesses, SBA requires the mentor-protégé joint venture agreement to contain the requirements found in 13 C.F.R. § 125.8(b)(2). But how closely does the joint venture agreement have to match the language of these required provisions in order to
- [SmallGovCon Week in Review: March 3-7, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-3-7-2025/) - Hello, blog readers and happy Friday. Can you believe it’s already March? In just a few short weeks, spring will (finally) be here! Hooray! With all the snow we had, we are definitely looking forward to warmer temperatures and to getting outside more. We hope that you’re gearing up for a nice weekend. But before
- [GAO: Agency Must Recognize Novation as Part of Pending Offer](https://smallgovcon.com/gaobidprotests/gao-agency-must-recognize-novation-as-part-of-pending-offer/) - A recent bid protest decision examines the effect of a novation on a pending procurement. After a complicated procedural history, GAO said that an agency must take into account a corporate transaction and novation, even if the agency wasn't aware of the novation at time of proposal submission. In DecisionPoint Corporation- f/k/a Emesec Inc., B-422245.5
- [RES 2025: Beyond Boundaries Conference, Las Vegas, Nevada, March 10-13, 2025](https://smallgovcon.com/events/res-2025-beyond-boundaries-conference-las-vegas-nevada-march-10-13-2025/) - The National Center for American Indian Enterprise Development (NCAIED) is going Beyond Boundaries for the 2025 Reservation Economic Summit. The event features tribal leaders, members of Congress, federal agency representatives, state and local officials, and top CEOs on a national platform. Our very own federal government contracts attorney and SmallGovCon contributor, Nicole Pottroff, is scheduled to
- [SmallGovCon Week in Review: February 24-28, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-24-28-2025/) - Happy Friday! Tomorrow is the first day of March and you know what that means if you are a college basketball fan. March Madness! Start thinking about your bracket strategy and let the games begin! Have a great weekend. This week in federal government contracting saw GSA deviations to procurement policies, canceled contracts, and a
- [Confusion About the Nonmanufacturer Rule: When Does it Apply?](https://smallgovcon.com/sba-size-protests/confusion-about-the-nonmanufacturer-rule-when-does-it-apply/) - One of the rules we get asked about the most as government contracts attorneys is what’s known as the nonmanufacturer rule, 13 C.F.R. § 121.406 (So much so that we felt it wise to go over the rule in one of our “Back to Basics” posts to help clear some things up). It’s pretty understandable
- [SBA Reminder: Ensure all Joint Venture Requirements are Met to have a Successful JV](https://smallgovcon.com/sbaohadecisions/sba-reminder-ensure-all-joint-venture-requirements-are-met-to-have-a-successful-jv/) - Joint ventures pursuing a contract under any of the SBA’s socioeconomic programs (Woman-Owned Small Business Program, Service-Disabled Veteran-Owned Small Business Program, 8(a) Program, and HUBZone) all have requirements beyond the general requirements that a non-joint venture prime contractor must meet to be eligible for those types of set-asides. The joint venture must be considered small,
- [SmallGovCon Week in Review: February 17-21, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-17-21-2025/) - Here is your Week in Review as you head into the weekend. We are still attempting to get through this second artic blast here in the Midwest this week. I think it's safe to say we are all looking forward to those warmer temperatures that are returning next week. Enjoy the weekend! This week in
- [Govology Webinar Announcement! The Concept of “Responsibility” in Government Contracting (2025 Update), March 6, 1:00pm EST](https://smallgovcon.com/events/govology-webinar-announcement-the-concept-of-responsibility-in-government-contracting-2025-update-march-6-100pm-est/) - Winning a government contract requires more than just submitting the best proposal—your company must also be deemed “responsible” by the federal government. Responsibility in government contracting goes beyond technical capabilities and pricing; it encompasses financial stability, past performance, ethics, compliance with laws, security clearances, and overall business integrity. Failure to meet responsibility requirements can lead to a contract award
- [Why File: A COFC Protest](https://smallgovcon.com/why-file/why-file-a-cofc-protest/) - As a federal contractor, there are many factors to consider in filing a potential bid protest. In this post, we look at the potential considerations, both pros and cons, for filing a bid protest at the Court of Federal Claims (COFC). Below are some of the main items to think about in considering a bid
- [GovCon FAQs: How Should a Joint Venture Allocate Profits?](https://smallgovcon.com/federal-government-contracting/govcon-faqs-how-should-a-joint-venture-allocate-profits/) - It is a fairly standard business practice to divide profits according to ownership ratio. And a joint venture made up of only small business venturers only pursuing small business set-asides can follow this business practice—or any business practice—to divide up its profits (limited only by any applicable state, local, or Tribal law). But SBA does
- [GovCon FAQs: How do I Show Service-Disabled Veteran Status for SBA?](https://smallgovcon.com/govcon-faqs/govcon-faqs-how-do-i-show-service-disabled-veteran-status-for-sba/) - Many federal contractors are familiar with or have heard of the Service-Disabled Veteran Owned Small Business (SDVOSB) program. It is currently run by the SBA, but previously was administered by the VA. Due to the nature of the program being around for a while, and shifting from one agency to another in the past few
- [SmallGovCon Week in Review: February 10-14, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-10-14-2025/) - Happy Valentine's Day! Well, our KC Chiefs just couldn't pull off that third Super Bowl win but it sure was a fun football season, all the same. Looking forward to what might be in store for next season. Now we can start leaning into March Madness, which will be just around the corner! Hope you
- [Fully Devoted or Just Rebuttable? Qualifying Veterans Overcome Full-Time Devotion Rule](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/fully-devoted-or-just-rebuttable-qualifying-veterans-overcome-full-time-devotion-rule/) - It doesn’t take too long to find a blog post where we’ve discussed SBA’s Service-Disabled Veteran-Owned Small Business (SDVOSB) full-time devotion requirement. For a service-disabled veteran (SDV) to meet the SDVOSB control requirements, the SDV must control “the management and daily business operations” of the SDVOSB. This requires the SDV to be fully devoted to
- [Webinar Event! February 26, 2025, The SBA Mentor Protege Program in Collaboration with Koprince McCall Pottroff LLC, 10:30-12:30pm EST](https://smallgovcon.com/events/webinar-event-february-26-2025-the-sba-mentor-protege-program-in-collaboration-with-koprince-mccall-pottroff-llc-1030-1230pm-est/) - Touted as a "game-changer" when it was first introduced in 2016, the U.S. Small Business Administration's All Small Mentor-Protege Program isn't new anymore. Known now as simply the "SBA Mentor-Protege Program, it is still extremely powerful for large and small contractors alike. In this webinar, seasoned government contracts attorneys, Shane McCall & Gregory Weber from
- [Webinar Event! 21 Mistakes in Government Contracting, February 21, 2025, 11:00am-12:00pm CST](https://smallgovcon.com/events/webinar-event-21-mistakes-in-government-contracting-february-21-2025-1100am-1200pm-cst/) - Federal contracting rules and laws are complicated, and the rules aren’t always intuitive. Many contractors make legal mistakes routinely, involving everything from completing SAM profiles to calculating small business size to communicating with government contracting officers. Federal government contracts attorneys, Shane McCall & Annie Birney of Koprince McCall Pottroff, will discuss the top 21 most
- [Webinar Event! Top 21 Legal Mistakes in Federal Government Contracting, February 13, 2025, 1:00pm-2:30pm CST](https://smallgovcon.com/events/webinar-event-top-21-legal-mistakes-in-federal-government-contracting-february-13-2025-1200pm-130pm-cst/) - Federal contracting rules and laws are complicated, and the rules aren’t always intuitive. Many contractors make legal mistakes routinely, involving everything from completing SAM profiles to calculating small business size to communicating with government contracting officers. Federal government contracts attorneys, Nicole Pottroff & Annie Birney of Koprince McCall Pottroff, will discuss the top 21 most
- [SmallGovCon Week in Review: February 3-7, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-3-7-2025/) - Happy Friday! Are you all ready for the Super Bowl this Sunday? Maybe it can be a time of unity amidst uncertainty. Enjoy your favorite snacks and cheer on the commercials (I mean the Chiefs!). Have fun watching the game and have a wonderful weekend! And now for this weeks news in federal government contracting.
- [Executive Order for Nondisplacement of Federal Workers Rescinded](https://smallgovcon.com/statutes-and-regulations/executive-order-for-nondisplacement-of-federal-workers-rescinded/) - Indeed, Executive Order (EO) No. 14055, Nondisplacement of Qualified Workers Under Service Contracts, was only one of many predecessor EOs rescinded by the Trump administration shortly after taking office. But its removal has significant impacts on federal government contracting. As explained in EO No. 14055, its requirements sought to promote skilled worker retention in the
- [SmallGovCon Week in Review: January 27-31, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-27-31-2025/) - It's Friday and time for another week in review, on this last day of January. We are so excited that our Kansas City Chiefs will be playing, once again, in the Super Bowl. We're looking forward to the championship game against an impressive Philadelphia Eagles team, and a chance for the Chiefs to become the
- [Making Unsuccessful Protesters Pay? Enhanced Pleading Standards? A Look at Proposed Changes to GAO Protest Rules Under the 2025 NDAA](https://smallgovcon.com/gaobidprotests/making-unsuccessful-protesters-pay-enhanced-pleading-standards-a-look-at-proposed-changes-to-gao-protest-rules-under-the-2025-ndaa/) - Back in 2017, in the 2018 National Defense Authorization Act (NDAA), Congress passed a limited program for GAO protests of Department of Defense contracts where certain large contractors would have to reimburse the DoD for the cost of processing unsuccessful GAO protests. We reviewed that rule here. Congress repealed that provision with the 2021 NDAA.
- [SmallGovCon Week in Review: January 20-24, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-20-24-2025/) - Happy Friday, Readers! We hope you had a great week and are ready for the weekend. We are looking forward to our weather finally warming up and melting off some of this snow in the next few days. The respite from the very cold temperatures will be a nice change. Have a good weekend in
- [GAO Says: Solicitation + Q&A = Material Requirements](https://smallgovcon.com/gaobidprotests/gao-says-solicitation-qa-material-requirements/) - Recently, GAO sustained a bid protest, finding that the awardee did not meet the material requirements of the solicitation. The GAO held that the requirements of the solicitation included an agency’s answer during the question and answer (Q&A) period. In ATP Gov, LLC, the United States Air Force (the Agency) issued a solicitation for portable
- [New OCI Rule Contains Big Changes](https://smallgovcon.com/statutes-and-regulations/new-oci-rule-contains-big-changes/) - The proposed OCI rule implementing the Preventing Organizational Conflicts of Interest in Federal Acquisition Act has just dropped. We started discussing the Act back in early 2023 after it was passed in late 2022, and I outlined my predictions at the Court of Federal Claims judicial conference. This 108-page rule will propose some major changes
- [Why File: A GAO Bid Protest Intervention](https://smallgovcon.com/why-file/why-file-a-gao-bid-protest-intervention/) - When contractors think of GAO Bid Protests, most think of the process from the perspective of the protester. However, the contract awardee is not without a voice in the bid protest process at GAO. While the agency will generally defend the contract award decision regardless, the awardee itself can also have a seat at the
- [SmallGovCon Week in Review: January 13-17, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-13-17-2025/) - Happy Friday! We hope you had a great week. We are already halfway through January and looking forward to see if the Chiefs can finish the three-peat! The federal landscape has been busy, with updates spanning Buy America, small business dollars, and procurement complications, including Polaris protests. You can read more about these topics in
- [Event! MyGovWatch Live: The B2G Roundtable, January 22, 2025, 12:00pm CDT](https://smallgovcon.com/events/event-mygovwatch-live-the-b2g-roundtable-january-22-2025-1200pm-cdt/) - If you’re interested in winning more B2G business through the bid process, but need some answers, join this live forum and talk about this market with people who have helped hundreds of companies win government contracts. This month’s co-hosts are Koprince McCall Pottroff’s own Nicole Pottroff and Stephanie Ellis. The event host, Nick Bernardo, President
- [SmallGovCon Week in Review: January 6-10, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-6-10-2025/) - It's Friday and time for another week in review! We hope you have had a great week and are safe from the extreme weather conditions the country seems to be experiencing right now. We are still digging out from the blizzard sent our way by the polar vortex. We also hope that our readers in
- [Govology Webinar: An Introduction to Government Small Business Certifications (2025 Update), January 21, 2025, 1:00 pm EST](https://smallgovcon.com/hubzone-program/govology-webinar-an-introduction-to-government-small-business-certifications-2025-update-january-21-2025-100-pm-est/) - Steven Koprince, Govology legal analyst and retired founder of Koprince McCall Pottroff will be presenting this webinar. In this course he provides a big-picture overview of small business certifications in the government marketplace and you will learn about various federal small business certification programs, including Small Business Self Certification, Small Disadvantaged Business (SDB) & 8(a), Service-Disabled Veteran-Owned
- [Game Changers for Government Contractors:  Understanding the Small Business Rule of Two](https://smallgovcon.com/events/game-changers-for-government-contractors-understanding-the-small-business-rule-of-two/) - Thanks to Michael LeJeune for hosting me on his podcast, Game Changers for Government Contractors. It's always great talking to Michael and this is a very pertinent topic for a lot of contractors. The Rule of Two is undergoing some changes in proposed rules and federal contractors need to be aware of those changes. In
- [Year in Review: Top SmallGovCon Posts of 2024](https://smallgovcon.com/uncategorized/year-in-review-top-smallgovcon-posts-of-2024/) - Happy New Year, SmallGovCon readers! As we look forward to the new updates, decisions, and commentary in 2025, it’s also a good time to reflect on the important and well-read posts from 2024. This post revisits our most popular blog posts from 2024. Below, we summarize the blogs written in 2024 that were the most
- [GAO: Don't Slip Up on SAM Registration, Even for One Day](https://smallgovcon.com/gaobidprotests/gao-dont-slip-up-on-sam-registration-even-for-one-day/) - Editor's Note: The rule this decision discusses has been updated in a FAR rule change discussed here. The new rule said that “the offeror must be registered at time of offer submission and at time of contract award, but would not be required to be registered at every moment in between those two points.” If
- [SmallGovCon Week in Review: December 30-January 3, 2025](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-december-30-january-3-2025/) - Happy Friday and Happy New Year to all of our SmallGovCon readers! We hope you all had a wonderful holiday season and are looking forward to 2025. As we look forward to the new year and close out the old, there are sure to be lots of developments in the federal contracting space. So, as
- [A Glitch In Time? GAO Denies Late Proposal Protest for Lack of Systemic Outages with Agency System ](https://smallgovcon.com/federal-government-contracting/a-glitch-in-time-gao-denies-late-proposal-protest-for-lack-of-systemic-outages-with-agency-system/) - Both GAO and the federal agencies take proposal deadlines with the utmost seriousness. We have discussed a few other examples of late proposals being denied by GAO before. Now, we have another one. This time, the protester put forth the argument that its lateness was not its fault. Rather, it was caused by issues with
- [Happy Holidays to All, Big and Small, from SmallGovCon!](https://smallgovcon.com/federal-government-contracting/happy-holidays-to-all-from-smallgovcon/) - Happy Holidays from all of us at SmallGovCon. Throughout the year, we've enjoyed bringing you the best updates and analysis out there for small business federal contractors and their partners. We wish all of you a great end to 2024 and have a great holiday season!
- [Strategies for Dealing with a Government Shutdown](https://smallgovcon.com/federal-government-contracting/strategies-for-dealing-with-a-government-shutdown/) - Shuttering of the government (or parts of the government) following appropriations lapses has become an increasingly common phenomenon in recent times. Continuing resolutions have become a recurring stopgap measure. Funding lapses interrupt the usual predictability of government operations, which harms both agencies and federal contractors that are left in limbo with stop work orders. Unfortunately,
- [SmallGovCon Week in Review: December 16-20, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-december-16-20-2024/) - Hello, blog readers! Well, everyone is on pins and needles to see if the federal government will face a shut down. As you may have heard, the House rejected the proposed government funding, so now we wait to see if the third proposal will be agreed upon today to keep things going. Stay tuned! In
- [No Protesting Canceled Contracts, Says COFC](https://smallgovcon.com/u-s-court-of-federal-claims/no-protesting-canceled-contracts-says-cofc/) - Often contractors will protest an award, then learn that the contract at issue was cancelled by the government due to corrective action. When that occurs, contractors of course feel as if their concerns were not resolved, or the protested other parties were let off the proverbial hook. The U.S. Court of Federal Claims recently explained
- [SmallGovCon Week in Review: December 9-13, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-december-9-13-2024/) - Hello and happy Friday! We've been getting some chilly temperatures here in the Midwest and it's beginning to feel a lot like Christmas. The lights are up downtown and the city is looking very festive! We hope you are enjoying the holiday season in your neck of the woods. We also finished up our last
- [NAICS Code Appeal: OHA Says Agency’s Assignment of Code Doesn’t Have to be Perfect](https://smallgovcon.com/sbaohadecisions/naics-code-appeal-oha-says-agencys-assignment-of-code-doesnt-have-to-be-perfect/) - When a contractor believes an agency assigned the wrong North American Industry Classification System (NAICS) code to a solicitation, it can file an appeal with the SBA’s Office of Hearings and Appeals (OHA). However, for OHA to correct the NAICS code, the contractor must show the contracting officer’s assignment was clearly erroneous. As we've discussed,
- [SBA Issues Final Rule to Streamline WOSB Program Rules](https://smallgovcon.com/statutes-and-regulations/sba-issues-final-rule-to-streamline-wosb-program-rules/) - In June, we reported on a Notice of Proposed Rulemaking that applied to the SBA’s Woman-Owned Small Business/Economically Disadvantaged Woman-Owned Small Business (WOSB) regulations. These proposed rules were intended to take the WOSB regulations and make them more consistent with the other types of set-aside programs offered by the SBA. Now, following the required period
- [SmallGovCon Week in Review: December 2-6, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-december-2-6-2024/) - Happy December! How's the holiday shopping going so far? It seems the shopping time is even shorter than ever with Thanksgiving being so late this year. Oh boy! And the calendar is busy with so many events happening in December, it's difficult to choose. This Saturday is the 24th annual Old-Fashioned Christmas Parade here in
- [Govology Webinar: December 12, 2024 - The 2024 Government Contracting Year-End Review](https://smallgovcon.com/events/govology-webinar-december-12-2024-the-2024-government-contracting-year-end-review/) - Please join Nicole Pottroff and me for this informative webinar, where we will discuss important new small business rules and updates, changes to 8(a) Program certification, joint venture modifications, HUBZone certification updates (including the new extensive HUBZone proposed rule), key provisions of the most recent National Defense Authorization Act, recent cases relevant to federal contractors,
- [Proposed Increases to Micro-Purchase, Simplified Acquisition, and Other Thresholds](https://smallgovcon.com/statutes-and-regulations/proposed-increases-to-micro-purchase-simplified-acquisition-and-other-thresholds/) - Every five years, the government is required by 41 U.S.C. § 1908 to adjust the statutory acquisition thresholds for inflation, such as the Micro-Purchase Threshold, Simplified Acquisition Threshold, and others. It just so happens that the last such adjustment occurred back in 2020. As such, the government is once again looking to increase these thresholds
- [We are Thankful for You, SmallGovCon Readers!](https://smallgovcon.com/federal-government-contracting/thank-you-smallgovcon-readers/) - On behalf of our attorney-authors and administrators at SmallGovCon, we wanted to take this opportunity to express our gratitude for all of our loyal blog readers. We love that SmallGovCon is such a widespread resource for contractors, federal agencies and employees, counselors, and others in the federal contracting space. We appreciate all of you for
- [GovCon FAQs: Do I need an SBA MPA for a JV?](https://smallgovcon.com/federal-government-contracting/govcon-faqs-do-i-need-an-sba-mpa-for-a-jv/) - We at SmallGovCon are excited to announce this first in a new line of blogs we call GovCon FAQs. Our firm handles a wide variety of federal procurement and contract matters, from bid protests, size protests, joint ventures, socio-economic certifications, to everything in between. Often, when talking to blog readers and contractors we hear the same sort of
- [SmallGovCon Week in Review: October 28-November 1, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/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
- [Veterans Day: Thank You for Your Service](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/veterans-day-thank-you-for-your-service/) - Today, at SmallGovCon, we would like to take this opportunity to honor all the veterans and active-duty military for their service. The first celebration using the term Veterans Day occurred in Birmingham, Alabama, in 1947. Raymond Weeks, a World War II veteran, organized "National Veterans Day," which included a parade and other festivities, to honor
- [SmallGovCon Week in Review: November 4-8, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-november-4-8-2024/) - Hello, blog readers! We want to extend a special thank you to all the veterans and active-duty military as we approach Veterans Day. Thank you for your service. Enjoy the weekend. It's Friday and it's time for another week in review. With the recent election behind us, the focus shifts to addressing major issues facing
- [SmallGovCon Week in Review: November 11-15, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-november-11-15-2024/) - Happy Friday! We hope you had a great week and are looking forward to the weekend. We have had some beautiful Fall weather here in the Midwest and finally received some much needed rain. It's hard to believe the holidays are right around the corner! Please visit SmallGovCon often for updates on the latest information
- [SmallGovCon Week in Review: November 18-22, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-november-18-22-2024/) - Happy Friday, SmallGovCon readers and have a great Thanksgiving next week! We won’t be posting our weekly roundup next week due to the holiday, but we’ll catch up on any missed news the following week. In the meantime, enjoy this week’s federal contracting news. Also be sure to enjoy the family, friends, and food at
- [2024 GAO Bid Protest Report: Numbers Down, Effectiveness Still Even Odds](https://smallgovcon.com/gaobidprotests/2024-gao-bid-protest-report-numbers-down-effectiveness-still-even-odds/) - As we look forward to fall traditions like turkey and mashed potatoes, pumpkin spice, and leaf peeping, don't sleep on another fall tradition, the GAO bid protest report. This report is GAO’s summary of bid protests for the previous fiscal year. It contains some important insights for how GAO bid protest numbers have changed from
- [Back to Basics: 8(a) Program Economic Disadvantage](https://smallgovcon.com/8a-program/back-to-basics-8a-program-economic-disadvantage/) - When it comes to SBA’s many small business socioeconomic certification programs, the 8(a) Business Development Program is often considered SBA's "golden child"--as its potential benefits are nearly endless. But it certainly wouldn't be a "golden child" at all if just anyone could get into it. The 8(a) Program has some of the most extensive and
- [Back to Basics: The Buy American Act](https://smallgovcon.com/statutes-and-regulations/back-to-basics-the-buy-american-act/) - We get a lot of questions about federal government contracting as federal government contracting attorneys, which makes sense. One thing we get asked about a lot is the Buy American Act. This is also unsurprising, as the government really did not do the best job in making it clear what this act does. We have
- [Webinar event: The SBA and DoD Mentor-Protégé Programs, December 3, 2024, hosted by Kansas APEX Accelerators](https://smallgovcon.com/events/webinar-event-the-sba-and-dod-mentor-protege-programs-december-3-2024-hosted-by-kansas-apex-accelerators/) - Please join us on December 3, 2024, 9:30-11:30am CST for this webinar event. Touted as a game-changer when it was first introduced in 2016, the U.S. Small Business Administration's All Small Mentor-Protege Program isn't new anymore. Known now as simply the SBA Mentor-Protege Program, it is still extremely useful for large and small contractors alike.
- [OHA: SBA VetCert Review of Bylaws Was too Strict](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/oha-sba-vetcert-review-of-bylaws-was-too-strict/) - We have previously blogged on SBA OHA decisions where an applicant was denied certification in one of SBA’s socioeconomic programs because the applicant failed to meet SBA’s control requirements. (You can check out some recent posts here and here). These decisions served as friendly reminders that before submitting an application, future applicants should take a
- [Dialing Down: SAM Registration Not Constantly Required](https://smallgovcon.com/statutes-and-regulations/dialing-down-sam-registration-not-constantly-required/) - As we've written about on the blog, protests have been decided because the offeror was not registered in SAM for the entirety of the proposal review process period. For instance, in this post, we discussed a GAO decision where GAO held that the FAR requires offerors to maintain SAM registration throughout the evaluation period, meaning
- [Compensation for Professional Employees and You: GAO Sustains Where Agency Doesn’t Explain Why Proposed Decreased Compensation is Reasonable](https://smallgovcon.com/gaobidprotests/compensation-for-professional-employees-and-you-gao-sustains-where-agency-doesnt-explain-why-proposed-decreased-compensation-is-reasonable/) - While the federal government uses wage determinations for many occupations that contractors must abide by, things are different with professional occupations such as physicians, accountants, engineers, and (yours truly) attorneys. Contractors generally have more leeway with regard to how they pay their professional employees on a given contract. But it’s not unlimited. This is something
- [Webinar Event: Legal Updates 2024 hosted by the Catalyst Center for Business & Entrepreneurship, November 20, 2024](https://smallgovcon.com/events/webinar-event-legal-updates-2024-hosted-by-the-catalyst-center-for-business-entrepreneurship-november-20-2024/) - The Catalyst Center for Business & Entrepreneurship is hosting this helpful, virtual workshop on Legal Updates 2024. In this webinar, government contracting attorneys, John Holtz and Gregory Weber will discuss the most important legal developments for federal contractors in 2024. Specifically, we will discuss important new small business rules, updates to the 8(a) rules and application procedures,
- [SBA OHA: Operating Agreements Must Clearly Demonstrate Control](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/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
- [Thank You, COFC Judicial Conference](https://smallgovcon.com/events/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
- [GAO Sustain: Offeror's Failure to Follow Solicitation's Document Preparation Instructions was Unstated Evaluation Criteria](https://smallgovcon.com/gaobidprotests/gao-sustain-offerors-failure-to-follow-solicitations-document-preparation-instructions-was-unstated-evaluation-criteria/) - A recent GAO decision considered whether an agency could reject an offeror’s proposal based on the offeror’s failure to follow document preparation instructions that were not explicitly stated in the solicitation. In Hometown Veterans Medical, LLC B-422751 (Oct. 11, 2024), the Department of Veterans Affairs (“VA”) issued a request for proposals (“RFP”) from service-disabled veteran-owned
- [SmallGovCon Week in Review: October 21-25, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/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
- [OHA: Show me the Management, or Fail SDVOSB Certification](https://smallgovcon.com/sbaohadecisions/oha-show-me-the-management-or-fail-sdvosb-certification/) - A recent OHA decision reminds us that it's important to show and tell the SBA how a company seeking certification is meeting the SBA's requirements for control of a socioeconomic company. Like many of these decisions involving SBA’s programs, it comes out of the Service-Disabled Veteran-Owned Small Business (SDVOSB) VetCert program. That's because the SDVOSB
- [Event Announcement: NAPEX Fall Conference 2024](https://smallgovcon.com/events/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
- [SmallGovCon Week in Review: October 14-18, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/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
- [Ostensibly OK: SBA Decision on Ostensible Subcontractor Rule Gives Contractors Some Clear Guidelines](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/ostensibly-ok-sba-decision-on-ostensible-subcontractor-rule-gives-contractors-some-clear-guidelines/) - In a recent post, we looked at the implications of BA OHA’s reasoning in In & Out Valet Co., SBA No. VSBC033-P, 2024 (June 12, 2024) on the full-time devotion requirement. Today we look at the impact of that case on another of SBA’s rules that has implications for both small businesses and for companies
- [Preview Shows Changes to 8(a) Application in New SBA Portal](https://smallgovcon.com/8a-program/preview-shows-changes-to-8a-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
- [35th Annual Judicial Conference - U.S. Court of Federal Claims in Washington DC](https://smallgovcon.com/events/35th-annual-judicial-conference-u-s-court-of-federal-claims-in-washington-dc/) - I will be presenting at the 35th Annual Judicial Conference in Washington, D.C., on October 23. This prestigious event gathers legal professionals, judges, and scholars from across the country to discuss the latest developments in the judiciary and legal system. It's definitely an honor to be speaking at the 35th Annual Judicial Conference for the
- [Agency Discretion Recertified: GAO Affirms Agency Discretion to Request Size Recertification for Task Orders](https://smallgovcon.com/gaobidprotests/agency-discretion-recertified-gao-affirms-agency-discretion-to-request-size-recertification-for-task-orders/) - When it comes to meeting the size standards, the normal rule for a set-aside contract is simple: If you’re small at the time you submitted your initial offer for the contract, you’re small for the life of the contract. So says 13 C.F.R. § 121.404--although this could be changing in the future based on a
- [SmallGovCon Week in Review: October 7-11, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-7-11-2024/) - Hello, SmallGovCon readers. Our thoughts go out to those effected by the hurricane, this week. We hope you are safe. Some articles we've highlighted this week include current trends in the GovCon market and DoD considering a faster acquisition pathway for AI. You can read more about these topics and news from this week in
- [Are Mentor-Protégé Joint Ventures Just Too Successful, Asks SBA](https://smallgovcon.com/statutes-and-regulations/are-mentor-protege-joint-ventures-just-too-successful-asks-sba/) - SBA recently issued a proposed rule purportedly concerning the HUBZone Program and its regulations--but actually, covering a bevy of other discussions and proposed changes relating to size, SBA's other small business socioeconomic programs, and even teaming. Specifically, regarding teaming, SBA revealed that it has apparently decided to take a deeper look into the immense success
- [Back to Basics: Small Business Sole Source Awards](https://smallgovcon.com/statutes-and-regulations/back-to-basics-small-business-sole-source-awards/) - One of the perks of being certified in any of the SBA’s small business socioeconomic contracting programs is the fact that there is potential for a sole source award. What is a sole source award? Well, it’s a non-competitive award used when there is no expectation that two or more offerors will submit proposals, or
- [Govology Webinar: October 10, 2024 - Communicating with Government Contracting Officials: What Can (and Should) Contractors Really Say and Do? (2024 Update)](https://smallgovcon.com/events/govology-webinar-october-10-2024-communicating-with-government-contracting-officials-what-can-and-should-contractors-really-say-and-do-2024-update/) - When it comes to effective communication, the government and industry often get it wrong. Misconceptions and misunderstandings abound and can prove very costly for contractors. In this webinar, government contracts attorneys Nicole Pottroff and John Holtz debunk some of the most common myths and misunderstandings held by contractors, including when and how you can communicate
- [SmallGovCon Week in Review: Sept. 30-Oct. 4, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-sept-30-oct-4-2024/) - Happy Friday and happy October! Please enjoy the Week in Review and read up on some recent updates across government contracting. Some highlights include GSA starting the COMET II contracting process, and new guidelines on AI tool procurement for federal agencies. You can read more about these topics and news from this week in the
- [Annie Birney Joins Koprince McCall Pottroff LLC as Associate Attorney and SmallGovCon Contributor!](https://smallgovcon.com/events/annie-birney-joins-koprince-mccall-pottroff-llc-as-associate-attorney-and-smallgovcon-contributor/) - We are excited to announce that Annie Birney has joined the firm and will also be a regular SmallGovCon contributor! She is a recent graduate of the University of Kansas School of Law. You can read her full biography here. And check out Annie's first post here, discussing the small business rule of two. Annie was
- [GAO: Small Business Rule of Two Must be based on Accurate Market Research](https://smallgovcon.com/gaobidprotests/gao-small-business-rule-of-two-must-be-based-on-accurate-market-research/) - The small business rule of two requires agencies to restrict procurements for small businesses when there is a “a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery.” FAR 19.502-2. Agencies often use market research to assess whether the
- [Conference Announcement: ICBS Show, Oklahoma City, October 7-9, 2024](https://smallgovcon.com/events/conference-announcement-icbs-show-oklahoma-city-october-7-9-2024/) - The Indian Country Business Summit (ICBS) is hosting its annual “Diversity in Government Contracting” ICBSSHOW in Oklahoma City this month. And our very own Gregory Weber will be attending and presenting on federal contracting legal updates. Legal updates is always a great presentation. So, please stop by our table to say hello or if any questions come
- [SmallGovCon Week in Review: September 23-27, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-23-27-2024/) - Happy Friday and happy fall! We hope you had a productive week and are looking forward to the weekend. The federal government contractors have been quite busy wrapping things up at the end of this fiscal year and preparing for a new one to begin. We hope everything is "falling" into place. Have a great
- [Predictions: Upcoming Rules on Conflicts of Interest](https://smallgovcon.com/statutes-and-regulations/predictions-upcoming-rules-on-conflicts-of-interest/) - Back in 2023, we wrote about Congress's late-2022 mandate to update and clarify various rules surrounding organizational conflicts of interest (or OCIs). At that time, Congress, in a short piece of legislation, asked that OCI rules be updated to address a number of areas. In this post, I'll provide some predictions about how the OCI
- [OHA Reminder: Don't ignore Program Examination Questions from SBA . . . or Else](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/oha-reminder-dont-ignore-program-examination-questions-from-sba-or-else/) - Most of SBA's socioeconomic programs (woman-owned small business, veteran-owned small business, HUBZone) have a requirement for the contractor to go through a recertification process, or program examination, every three years. 8(a) Participants have an annual review process, so they are reviewed even more frequently. But between these routine program recertifications, there is a possibility that
- [SBA Proposed Rule Clarifies Mentor-Protégé Misunderstandings](https://smallgovcon.com/statutes-and-regulations/sba-proposed-rule-clarifies-mentor-protege-misunderstandings/) - In August, the Small Business Administration issued a proposed rule that was packed to the brim with changes to many of the SBA’s small business contracting programs. We’ve mentioned a few of the changes in prior blog posts. Gregory Weber, discussed potential changes to the SBA's 8(a) Business Development Program that may result in more
- [Webinar Event! October 1, 2024 - Limitations on Subcontracting and the Nonmanufacturer Rule hosted by Texas El Paso APEX Accelerators](https://smallgovcon.com/events/webinar-event-october-1-2024-limitations-on-subcontracting-and-the-nonmanufacturing-rule-hosted-by-texas-el-paso-apex-accelerators/) - For small businesses and their teammates, few topics in government contracting are as confusing as the limitations on subcontracting for set-aside and socioeconomic sole source contracts. And if that isn’t stressful enough, the “LoS” is an area with heavy potential penalties if a contractor gets it wrong. The nonmanufacturer rule is the flip side of
- [SmallGovCon Week in Review: September 16-20, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-16-20-2024/) - Happy Friday! There has been a flurry of activity here at SmallGovCon, as the government's fiscal year is ending this month. In the evolving landscape of federal contracting, one needs to stay on top of recent developments. Here are some key ones. The U.S. Small Business Administration is set to implement new rules for mentor-protégé
- [Govology Webinar: September 19, 2024 - The Buy Indian Act: Regulatory Updates and Their Implications for Native-Owned Businesses](https://smallgovcon.com/events/govology-webinar-september-19-2024-the-buy-indian-act-regulatory-updates-and-their-implications-for-tribal-owned-businesses/) - The Buy Indian Act is a law that gives contracting preference to companies owned by Native American tribes and tribal members. This law has been on the books for a century and it seems to be finally getting some teeth through regulatory changes and updates. This webinar, presented by myself and Nicole Pottroff will discuss
- [Rezoning (Part 2): Updates to the HUBZone Program](https://smallgovcon.com/hubzone-program/rezoning-part-2-updates-to-the-hubzone-program/) - Very recently, we went through some more of the potential changes to the HUBZone Program from SBA’s proposed rule from August 23, 2024. In this post, we will look at the remaining proposed changes. SBA’s proposed rule would change HUBZone protests appeals, principal office requirements (which we did discuss a bit before here), HUBZone map
- [SmallGovCon Week in Review: September 9-13, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-9-13-2024/) - Happy Friday the 13th! We hope you have a good week. This week has been busy in the federal government contracting world with multiple developments highlighting key areas of government procurement, spending transparency, and small business support. There are updates on a new federal spending bill, but also concerns about a shutdown, something contractors will
- [Rezoning (Part 1): A Look at SBA's Proposed Changes to the HUBZone Program](https://smallgovcon.com/hubzone-program/rezoning-part-1-a-look-at-sbas-proposed-changes-to-the-hubzone-program/) - A few weeks ago, SBA released a proposed rule that would, among other things, modify the HUBZone program. We took a look at some of these changes when the proposals were released. As we promised in that post, we stated we were going to discuss some other aspects of the proposed rule in later posts.
- [News Flash: SBA Issues Proposed Rule with HUBZone and Small Business Changes](https://smallgovcon.com/hubzone-program/news-flash-sba-issues-proposed-rule-with-hubzone-and-small-business-changes/) - The SBA has issued a new proposed rule addressing both the Historically Underutilized Business Zone(HUBZone) Program and other small business updates. It is titled: "HUBZone Program Updates and Clarifications, and Clarifications to Other Small Business Programs." In this post, we'll provide an overview of some of the main highlights of the proposed rule, and will
- [SmallGovCon Week in Review: September 2-6, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-2-6-2024/) - It's Friday and it's time for our week in review. We hope you had a wonderful Labor Day and were able to enjoy some time with friends and family. Now it is time to transition into fall and football season which we are very excited about here at SmallGovCon! We hope you have a great
- [SBA Proposed Rule: SBA Plans to Relax 8(a) Program Restrictions](https://smallgovcon.com/8a-program/sba-proposed-rule-sba-plans-to-relax-8a-program-restrictions/) - The SBA recently dropped a large proposed rule that it grouped mainly under the HUBZone program, but actually touches on almost every SBA socioeconomic certification. So, it should come as no surprise that the SBA's 8(a) Program is facing some potential changes based on this proposed rule. There are quite a few proposed updates to
- [SmallGovCon Week in Review: August 26-30, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-26-30-2024/) - Happy Friday! In this week in review, we have included some noteworthy articles including the Small Business Administration's (SBA) proposed rule with significant updates to the HUBZone program and other SBA rules. We dive into this proposal here. Other updates include the Defense Logistics Agency (DLA) enhancing its mentor-protégé program and dealing with the end
- [SBA Proposed Rule: Joint Venture Past Performance](https://smallgovcon.com/statutes-and-regulations/sba-proposed-rule-joint-venture-past-performance/) - How agencies evaluate past performance of joint ventures has been a somewhat confusing topic for federal contractors over the past few years. We've written about many of the key aspects of the evolution of this rule on SmallGovCon, from the earlier final rule to recent decisions interpreting that rule. The proposed rule would clarify how
- [SmallGovCon Week in Review: August 19-23, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-19-23-2024/) - Hello and happy Friday! Here, in Lawrence, Kansas, the kids have started school and the college students are busy moving in and preparing to start classes. It always feels like such a big shift in the energy with all the excitement and the many back to school events taking place. This week in federal government
- [Webinar Event: Joint Ventures A Powerful Small Business Tool hosted by the Catalyst Center for Business & Entrepreneurship, August 28, 2024](https://smallgovcon.com/events/webinar-event-joint-ventures-a-powerful-small-business-tool-hosted-by-the-catalyst-center-for-business-entrepreneurship-august-28-2024/) - The Catalyst Center for Business & Entrepreneurship is hosting this helpful, virtual workshop on August 28 at 10:00am CDT. Joint ventures can be a powerful tool for companies to jointly compete for proposals and combine the best of their capabilities to perform their awards. This webinar, presented by federal government contracts attorney, Gregory Weber, will
- [Some Assembly Required: GAO Addresses How Agencies Should Approach Trade Agreements Act Compliance](https://smallgovcon.com/gaobidprotests/some-assembly-required-gao-addresses-how-agencies-should-approach-trade-agreements-act-compliance/) - The Trade Agreements Act (TAA) (along with its cousin, the Buy American Act) is one of the more complex acts to deal with in federal government contracting. We have taken a look at the TAA before, noting that it does not apply to small business set-asides and discussing how it applies in its related FAR
- [SmallGovCon Week in Review: August 12-16, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-12-16-2024/) - Happy Friday, blog readers, and welcome to the week in review. Recent legislative and agency initiatives are shaping the landscape for federal contracting, cybersecurity, and support for veterans and small businesses, this week. A bipartisan Senate bill seeks to mandate cybersecurity vulnerability disclosures by contractors, enhancing national security. In parallel, the Pentagon's release of key
- [SBA: Ostensible Subcontractor Affiliation Arises from Improper Limitations on Subcontracting in Proposal](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/sba-ostensible-subcontractor-affiliation-arises-from-improper-limitations-on-subcontracting-in-proposal/) - The SBA ostensible subcontractor affiliation rule has long confused contractors and their attorneys alike because its standards were not very clear. It was based on whether, in a small business contract, a subcontractor performs the “primary and vital requirements of a contract” or the prime contractor was “unusually reliant” on the subcontractor. SBA's Office of
- [SBA Getting Strict on MPA Language](https://smallgovcon.com/federal-government-contracting/sba-getting-strict-on-mpa-language/) - One of the most popular programs in small business federal contracting seems to be the SBA's Mentor-Protege Program. It is generally a great program for small businesses to utilize the resources and knowledge of a larger or more experienced business to grow. In turn, it also gives large businesses the ability to work on small
- [SmallGovCon Week in Review: August 5-9, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-5-9-2024/) - Happy Friday, All. Please enjoy our latest week in review in order to stay on top of federal contracting news. Some interesting stories include Senate efforts to enhance oversight of Other Transaction Authority (OTA) agreements and address delays in Major Acquisition Programs (MTA). Meanwhile, the GSA is pushing forward with updated standards to accelerate federal
- [GAO Reminder: Don't Delay, Submit Your Proposal Today](https://smallgovcon.com/gaobidprotests/gao-reminder-dont-delay-submit-your-proposal-today/) - Submitting a proposal in the correct manner and on time are two of the most elemental aspects of any response to a solicitation. After all, if you don’t submit the proposal, there is zero chance that the agency will review your proposal. Unfortunately, every so often there are hiccups in the submission process that cause
- [Common Misconceptions: SBA's Mentor-Protégé Program (Part II - Participation Rules & Limits)](https://smallgovcon.com/common-misconceptions/common-misconceptions-sbas-mentor-protege-program-part-ii-participation-rules-limits/) - The SBA’s Small Business Mentor-Protégé Program (MPP) is arguably one of the federal government’s most successful undertakings when it comes to supporting our nation’s small business policies, economy, and contracting goals. It fosters the development of small business protégés, allowing many different forms of mentor assistance. It includes opportunity for eligible protégés and their mentors
- [SmallGovCon Week in Review: July 29-Aug. 2, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-29-aug-2-2024/) - Happy Friday! In today's week in review blog post, we have included some of the most significant recent developments that are shaping the landscape. From reforms in the Department of Defense’s budgeting process to new Small Business Administration (SBA) lender fees and innovative proposals for small business participation in federal contracts, these updates reflect a
- [Supreme Court Weighs in on Deference to Agencies: What the End of Chevron Deference Means for Federal Contractors](https://smallgovcon.com/statutes-and-regulations/supreme-court-weighs-in-on-deference-to-agencies-what-the-end-of-chevron-deference-means-for-federal-contractors/) - On June 28, 2024, the Supreme Court issued its decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024). It was a pretty notable news story as the case overturned the 1984 case of Chevron v. Natural Resources Defense Council, ending what has been called “Chevron deference.” This actually has many implications for
- [GAO Reminder: Joint Ventures Must Register on SAM](https://smallgovcon.com/gaobidprotests/gao-reminder-joint-ventures-must-register-on-sam/) - SAM.gov is like the home base of federal government contracting. Everything in federal government contracting seems to either start there, or require using SAM in some fashion. As a consequence, contractors are expected to register on SAM to work in federal contracting. However, it can be easy to overlook registering a joint venture entity on
- [SmallGovCon Week in Review: July 22-26, 2024](https://smallgovcon.com/hubzone-program/smallgovcon-week-in-review-july-22-26-2024/) - Happy Friday! This week saw several large contract awards that reflect the federal government's ongoing efforts to modernize its technology infrastructure, enhance defense capabilities, and improve emergency services and IT support across various agencies. In other news, SBA will be holding a tribal consultation that seeks to reduce administrative burdens and increase autonomy for Tribal
- [Federal Circuit Decision: Slightly Opens Protest Door to Non-Offerors](https://smallgovcon.com/statutes-and-regulations/federal-circuit-decision-slightly-opens-protest-door-to-non-offerors/) - Lately, we've seen a boom in protests being brought to the United States Court of Federal Claims (COFC) in lieu of protests brought at the Government Accountability Office (GAO). And it appears that the recent decision in Percipient.AI, Inc. v. United States, 2023-1970 (June 7, 2024) may have just set the course for even more.
- [Common Misconceptions: SBA's Mentor-Protégé Program (Part I - MPP JVs & Affiliation Shield)](https://smallgovcon.com/statutes-and-regulations/common-misconceptions-sbas-mentor-protege-program-part-i/) - The SBA’s Small Business Mentor-Protégé Program (MPP) is arguably one of the federal government’s most successful undertakings when it comes to supporting our nation’s small business policies, economy, and contracting goals. It fosters the development of small business protégés, allowing many different forms of mentor assistance. It includes opportunity for eligible protégés and their mentors
- [SmallGovCon Week in Review: July 15-19, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-15-19-2024/) - Happy Friday! July sure is flying by! We've been very busy here at SmallGovCon with all that is happening in the federal government contracting world. We have included an extensive list of informative articles for this week in review. At the top of our week in review articles, SmallGovCon contributor Nicole Pottroff was quoted in
- [He Never Saw Himself as Disadvantaged. Then the Government had Him Write an Essay. -Julian Mark (Washington Post)](https://smallgovcon.com/8a-program/he-never-saw-himself-as-disadvantaged-then-the-government-had-him-write-an-essay-julian-mark-washington-post/) - I am incredible honored by the shout-out I received in this recent, powerful Washington Post article, by the talented Julian Mark. Mark also wrote the prior article including my statements about the 8(a) Program litigation and changes that took place last summer, which you can read about here. This second article covers the incredible story of
- [VOSB Program Possibly Expanding? Congress Takes Next Step Towards VOSB Expansion](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/vosb-program-possibly-expanding-congress-takes-next-step-towards-vosb-expansion/) - The Veteran-Owned Small Business (VOSB) Program has long held a sort of unheralded position in SBA and federal contracting. Unlike its much more expansive counterpart, the Service-Disabled Veteran-Owned Small Business (SDVOSB) Program, the VOSB Program only allows for set asides for VOSBs for VA procurements (and even within VA SDVOSB companies are in a higher
- [SBA Certify Portal Applications to be Paused](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/sba-certify-portal-applications-to-be-paused/) - If you have ever looked into socio-economic certifications through the SBA or "set-asides" as some call them, you undoubtedly have run into SBA's certify portal. It certainly is a big part of the small business federal contracting landscape, with likely massive numbers of site visitors a day. However, it will soon be updated, causing a
- [SmallGovCon Week in Review: July 8-12, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-8-12-2024/) - Hello readers and happy Friday! We hope you had a nice 4th of July and were able to spend some time with friends and family. This week's round-up of federal government news, includes some cautionary tales on why defrauding the government is a very bad idea, the impact of the Boeing guilty plea on its
- [SBA Confirms GSA Schedule-Holders Who Outgrow Size Standard Can Still Get Awarded Set-Aside TOs and Options](https://smallgovcon.com/sbaohadecisions/sba-confirms-gsa-schedule-holders-who-outgrow-size-standard-can-still-get-awarded-set-aside-tos-and-options/) - Many contractors utilize a GSA schedule contract to provide the Government with their products and/or services. After all the effort it takes to get on a GSA schedule contract, a contractor would certainly not want to lose its chance at a small business task orders issued under it, just because it's circumstances have changed since
- [Happy Independence Day from SmallGovCon!](https://smallgovcon.com/federal-government-contracting/happy-independence-day-from-smallgovcon/) - We at SmallGovCon wanted to take a moment to wish everyone a happy and safe Independence Day! It's always a great time to celebrate our nation and be with family and friends. But it's also a time to reflect on the sacrifices made by those who came before us and those who have served our
- [GSA Report: Be Truthful about Small Business Certifications](https://smallgovcon.com/reports/gsa-report-be-truthful-about-small-business-certifications/) - The federal small business representation system relies in some part on self-certification and in some part on review by the Small Business Administration (SBA) and protests by competitors. The System for Award Management (SAM) is one key part of the federal procurement apparatus. Small businesses looking to take advantage of SBA’s socioeconomic programs must be
- [Webinar! Finding Federal Subcontracting Opportunities/Subcontracts, July 9, 2024, 9:00am CDT](https://smallgovcon.com/events/webinar-finding-federal-subcontracting-opportunities-subcontracts-july-9-2024-900am-cdt/) - Join federal government contracts attorney Greg Weber along with SBA representative, Sophia Chou, as they discuss the tips and pitfalls of subcontracting and teaming on this webinar hosted by the South Dakota APEX Accelerators. Topics covered will include: Why Use a Teaming Agreement? Principles and Best Practices of Subcontracts & Teaming Agreements Understanding Small Business
- [Webinar! Joint Venture and Teaming, July 9, 2024, 10:00-11:30am MDT](https://smallgovcon.com/events/webinar-joint-venture-and-teaming-july-9-2024-1000-1130am-mdt/) - Please join John Holtz and me, for this informative webinar hosted by Texas El Paso APEX Accelerators as we discuss joint venture agreements and teaming. For large and small contractors alike, teaming agreements and joint venture agreements can be essential to winning and successfully performing federal government contracts. In this presentation, we will explain how
- [SmallGovCon Week in Review: June 24-28, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-24-28-2024/) - Good morning and happy Friday! After the heatwave and rain the tomatoes are starting to ripen here in the Midwest. It's always fun to visit our local farmer's market at this time of the year to take advantage of the abundant harvest. We hope you had a great week and have some fun things planned
- [Good Timing: SBA Decision on Full-Time Devotion Allows For Two Jobs if No Hours Overlap](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/good-timing-sba-decision-on-full-time-devotion-allows-for-two-jobs-if-no-hours-overlap/) - There are multiple overlaps in SBA's socioeconomic rules for the 8(a) Program, Women-Owned Small Business Program (WOSB), and the Service-Disabled Veteran-Owned Small Business (SDVOSB) Program. One in particular has often caused some confusion for our clients: the full-time devotion requirement. This rule generally requires that the service-disabled veteran owner (or equivalent key owner in the
- [GAO Protest Sustain: Flawed Price Realism Analysis](https://smallgovcon.com/gaobidprotests/gao-protest-sustain-flawed-price-realism-analysis/) - We often see price realism in protests when the protester is making the claim that the awardee’s price, which was lower than the protester’s price, is low enough that the awardee would not be able to perform the work as solicited. Most often, GAO will determine that the agency's price realism analysis was acceptable. However,
- [SmallGovCon Week in Review: June 17-21, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-17-21-2024/) - Happy Friday and we hope you had an enjoyable Juneteenth. Yesterday was the first day of summer and our humidity was a balmy 96% on the first official day! Whew...so hot. I think that everyone here would agree that we hope that won't be the norm. We hope you have a great weekend and find
- [SmallGovCon Week in Review: June 10-14, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-10-14-2024/) - Happy Friday! The weather gave us a taste of summer with a heat index of over 100 degrees here in the Midwest. We are grateful for air conditioning here at SmallGovCon. We hope you have been staying cool and have some fun things planned for the weekend. Enjoy! This week in federal government contracting news
- [Update: SBA Will Eliminate Remaining SDVOSB Self-Certification December 2024](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/update-sba-will-eliminate-remaining-sdvosb-self-certification-december-2024/) - As SmallGovCon readers may recall, SBA has already eliminated the ability to self-certify as a Service-Disabled Veteran-Owned Small Business (SDVOSB) for all prime contracting opportunities set aside for SDVOSBs. This change occurred January 1, 2024 and meant that self-certified SDVOSBs will no longer be eligible for set-aside and sole source contracts. We wrote about the
- [SmallGovCon Week in Review: June 3-7, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-3-7-2024/) - It's Friday, which means it's time for another week in review. We hope you have had a productive week and are ready for a great weekend. This week saw some interesting news including an SBA rule to eliminate self-certification for service-disabled veteran-owned small businesses that are awarded Federal Government contracts or subcontracts. You can read
- [SBA Eliminates Use of Product Service Codes For Nonmanufacturer Rule Class Waivers](https://smallgovcon.com/federal-government-contracting/sba-eliminates-use-of-product-service-codes-for-nonmanufacturer-rule-class-waivers/) - As of January 5, 2022, SBA will no longer use Product Service Codes (PSCs) to classify products covered by class waivers for the nonmanufacturer rule. SBA’s rationale for discontinuing PSC’s to classify class waivers is to “improve consistency in the application of class waiver.” SBA will use North American Industry Classification System codes (NAICS) as
- [Event! MyGovWatch Live: The B2G Roundtable, June 19, 2024, 12:00pm CDT](https://smallgovcon.com/events/event-mygovwatch-live-the-b2g-roundtable-june-19-2024-1200pm-cdt/) - If you’re interested in winning more B2G business through the bid process, but you don’t have all the answers, join this LIVE forum and talk about this market with people who have helped hundreds of companies win BILLIONS of dollars in government contracts. This month's co-hosts are, our very own Koprince McCall Pottroff LLC's, Nicole
- [SBA Proposed Rule: Make WOSB, SDVOSB, and 8(a) Regulations More Consistent](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/sba-proposed-rule-make-wosb-sdvosb-and-8a-regulations-more-consistent/) - If you ask any small business federal government contractor or their attorney for the top complaints about the regulations that apply to the Small Business Administration, inconsistency between the various programs is likely to show up on that list. At first glance, it seems the requirements are pretty standard across the board. However, when you
- [SmallGovCon Week in Review: May 27-31, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-27-31-2024/) - Happy Friday! Can you believe that tomorrow is already June? We are getting some rain here in the Midwest to kick off summer, so I'm sure those lawn mowers will be out in full force this weekend. My tomato plants are growing tall and it won't be long before we have an abundance of summer
- [A Better Leg to Stand On: Federal Circuit Court Eases Way for Protesters to Show Prejudice at COFC](https://smallgovcon.com/u-s-court-of-federal-claims/a-better-leg-to-stand-on-federal-circuit-court-eases-way-for-protesters-to-show-prejudice-at-cofc/) - If you’re a contractor thinking about protesting an award decision to the Court of Federal Claims (COFC), you have to show that the agency’s mistake prejudiced you in some way (the same goes for GAO, as we have explored before). That is, you have to show that there was a substantial chance you would have
- [SmallGovCon Week in Review: May 20-24, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-20-24-2024/) - Memorial Day weekend is almost here, which means the unofficial start to summer! Whether you are hitting the road or relaxing at home, I hope you have an enjoyable long weekend while remembering those that have given their lives to protect our country. Of course, a relaxing weekend isn’t complete without some good reading material,
- [Govology Webinar: June 6, 2024 - Understanding and Complying with the Nonmanufacturer Rule (2024 Update)](https://smallgovcon.com/events/govology-webinar-june-6-2024-understanding-and-complying-with-the-nonmanufacturer-rule-2024-update/) - The nonmanufacturer rule is one that is commonly misunderstood in the federal government contracting realm. But it is also one we encounter quite often in our role assisting federal contractors. Despite its seemingly straightforward definition, being classified as a “nonmanufacturer” entails more than simply not being the manufacturer. On June 6, please join my colleagues,
- [Webinar! Mentor Protégé and Legal Aspects To Be Mindful Of on June 5, 2024](https://smallgovcon.com/events/webinar-mentor-protege-and-legal-aspects-to-be-mindful-of-on-june-5-2024/) - Please join Federal government contracts attorneys John Holtz and Stephanie Ellis for this informative webinar, hosted by the Catalyst Center for Business & Entrepreneurship, on June 5 at 10:00 am CDT. The SBA's Mentor Protege Program allows two or more businesses to come together and form a joint venture to bid on small business set-aside
- [Back to Basics: Agency Contracting Authority](https://smallgovcon.com/back-to-basics/back-to-basics-agency-contracting-authority/) - So much of federal contracting discussion is focused on the pursuit of contracts (set-aside certifications, size status, solicitation terms, bid protests etc.). But, what sometimes gets lost in all of that is what happens after. The performance of a contract is where the rubber meets the road in federal contracting, but that doesn't mean agencies
- [Somewhat Appealing: Which SBA Certifications Can You Appeal From?](https://smallgovcon.com/sbaohadecisions/somewhat-appealing-which-sba-certifications-can-you-appeal-from/) - The U.S. Small Business Administration (SBA) runs four socioeconomic programs aimed at providing equal opportunity to participate in federal contracting. And one would think that all of them have similar options if a contractor is denied certification. One would be wrong. SBA’s Office of Hearings and Appeals (OHA) recently dismissed an appeal for lack of
- [SmallGovCon Week in Review: May 13-17, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-13-17-2024/) - It's Friday and time for another week in review. The kids are finishing up the school year, so get ready parents! There are lots of activities happening in town and as I drive by our local ice cream shop it seems to be constantly filled with kids as they celebrate the beginning of summer. We
- [Another One Bites the Dust: Incomplete Joint Venture Agreement Fails Once Again](https://smallgovcon.com/sbaohadecisions/another-one-bites-the-dust-incomplete-joint-venture-agreement-fails-once-again/) - Once again, an initial awardee has had its award revoked because of a noncompliant joint venture agreement addendum. We see it happen regularly at SmallGovCon. And the decision in Colt-Sunbelt Rentals JV, LLC is yet another data point highlighting that SBA requires strict adherence to the joint venture agreement requirements in 13 C.F.R. § 125.8.
- [Govology Webinar: Small Business Subcontracting Plans: What SBLOs Need to Know, May 16, 2024, 1:00pm EDT](https://smallgovcon.com/events/govology-webinar-small-business-subcontracting-plans-what-sblos-need-to-know-may-16-2024-100pm-edt/) - Steven Koprince, Govology Legal Analyst and retired founder of Koprince McCall Pottroff will be presenting this webinar to help you understand when a small business subcontracting plan is required for a federal prime contractor. Additionally, the course will cover common oversights and mistakes made by prime contractors in connection with establishing and implementing small business subcontracting plans.
- [Back to Basics: SBA's Certificate of Competency](https://smallgovcon.com/back-to-basics/back-to-basics-sbas-certificate-of-competency/) - If a contracting officer determines that a small business offeror is not qualified to perform under a given solicitation, that typically means the offeror’s proposal will be rejected. But when the rejection deals with responsibility, the offeror may get a second bite at the apple through the SBA’s Certificate of Competency (“COC”) program. Whether this
- [Even Rules have their Limits, Says SBA OHA about the Nonmanufacturer Rule](https://smallgovcon.com/sbaohadecisions/even-rules-have-their-limits-says-sba-oha-about-the-nonmanufacturer-rule/) - In a recent size appeal, the SBA OHA made it clear that the nonmanufacturer rule has it limits, and will not apply depending on the dollar value of the acquisition. OHA reminded contractors that the nonmanufacturer rule applies only to acquisitions over the simplified acquisition threshold. As avid readers of our blog know, some things
- [SmallGovCon Week in Review: May 6-10, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-6-10-2024/) - Happy Friday and Happy Mother's Day! Celebrations of mothers and motherhood can be traced back to the ancient Greeks and Romans, who held festivals. The American incarnation of Mother’s Day was created by Anna Jarvis in 1908 and became an official U.S. holiday in 1914. Did you know that the most phone calls are made in
- [Apparent Conflict: Appearance of Impropriety Enough to Exclude a Contractor from Federal Contract](https://smallgovcon.com/u-s-court-of-federal-claims/apparent-conflict-appearance-of-impropriety-enough-to-exclude-a-contractor-from-federal-contract/) - When a government employee moves from a federal agency to a private contractor, this sort of revolving door can lead to concerns that contractor hiring the ex-agency employee is getting special treatment. To avoid this concern, the ex-agency will sometimes bar the contractor from competing. In a recent case, the Navy did just that and
- [SmallGovCon Week in Review: April 29-May 3, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-29-may-3-2024/) - Happy Friday! And just like that, it's May! Hope you had a wonderful week and have some fun plans this weekend. This week in federal government contracting news included updates about small business federal contracting dollars (see our blog here) as well as new contracting bills coming out of Congress. Ernst Celebrates National Small Business
- [SBA Scorecard: Largest Small Business Federal Contracting Year, Some Goals Missed](https://smallgovcon.com/reports/sba-scorecard-largest-small-business-federal-contracting-year-some-goals-missed/) - It’s that time of year again! The time of year that all federal government contractors wait for with bated breath to see how well agencies performed in relation to their small business subcontracting goals (or at least how well the metrics show them to be doing). Time for the SBA’s Annual Scorecard. Ok, so maybe it’s
- [Clearing Things Up? A Quick Look at the Proposed Plain Language in Contracting Act](https://smallgovcon.com/federal-government-contracting/clearing-things-up-a-quick-look-at-the-proposed-plain-language-in-contracting-act/) - In 2010, Congress passed the “Plain Writing Act,” which essentially requires that federal agency communications to the public must be in language that “the public can understand and use” and is “clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience.” In other words, the idea was that
- [SmallGovCon Week in Review: April 22-26, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-22-26-2024/) - Good day and happy Friday! We hope you had a very productive week and are looking forward to the weekend. We have been, and will be, receiving some much-needed rain, so outdoor weekend activities might be a bit hit or miss here. It's wonderful weather for all those recently planted gardens, however, as long as
- [Contracting While Impaired: Court Rejects Overbroad Finding of OCI Based on Impaired Objectivity](https://smallgovcon.com/u-s-court-of-federal-claims/contracting-while-impaired-court-rejects-overbroad-finding-of-oci-based-on-impaired-objectivity/) - Contracting agencies, and contractors, must always be aware of potential organizational conflicts of interest (OCIs). An OCI can result in a contractor being kicked off a federal procurement. One type of OCI is an impaired objectivity OCI, typically resulting from a contractor evaluating its own offer or its own performance. In a recent decision, the
- [New FAR Final Rule Promotes Sustainability](https://smallgovcon.com/statutes-and-regulations/new-far-final-rule-promotes-sustainability/) - As many know, a prominent goal of President Biden's administration has been to promote green initiatives, and help reduce America's carbon footprint. That initiative has now found its way to federal contracting. In a recent final rule, the FAR is being updated to facilitate federal contracting's move, closer to net-zero emissions. This FAR update, updates
- [SBA: Full-Time Devotion Still Matters for SDVOSBs](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/sba-full-time-devotion-still-matters-for-sdvosbs/) - SBA's Service-Disabled Veteran-Owned Small Business (SDVOSB) rules include one particular component dealing with the working hours of a service-disabled veteran owner of an SDVOSB business, often called the full-time devotion rule. SBA has recently reviewed its full-time devotion requirement in an SDVOSB protest, and found that the company in question did not establish that a service-disabled veteran
- [Beyond Tax Returns: Federal District Court Says Contractors Must Include Information Outside Tax Returns in Calculating Size](https://smallgovcon.com/sba-size-protests/beyond-tax-returns-federal-district-court-says-contractors-must-include-information-outside-tax-returns-in-calculating-size/) - When it comes to calculating a company’s receipts for size purposes, the procedure for is (or at least was) pretty simple: Look at the company’s tax returns. Indeed, it has long been SBA’s position that they can only consider tax returns, as noted in Nordstrom Contracting & Consulting Corp., SBA No. SIZ-5891 (Mar. 7, 2018)
- [SmallGovCon Week in Review: April 15-19, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-15-19-2024/) - Happy Friday everyone! Here in the Midwest we are enjoying some nice spring weather. But along with the beautiful flowers comes the allergies for some folks. In contracting news this week legislators in Washington have been working on bills in an attempt to make it easier for small businesses to work with the government and
- [Why File: A Rule of Two Protest](https://smallgovcon.com/gaobidprotests/why-file-a-rule-of-two-protest/) - The Rule of Two is the federal contracting rule requiring agencies to set aside a solicitation for competition only between small businesses when there are at least two small businesses that could do the work for a fair price. But that rule does have some exceptions. These exceptions can make it difficult to know the
- [Govology Webinar: Past Performance: A Critical Factor For Success in the Government Marketplace (2024 Update), April 25, 2024, 1:00-2:30pm EDT](https://smallgovcon.com/events/govology-webinar-past-performance-a-critical-factor-for-success-in-the-government-marketplace-2024-update-april-25-2024-100-230pm-edt/) - Please join us for an in-depth exploration of past performance management in government contracting. Gain valuable knowledge to leverage your past successes for future growth and competitive advantage. Past performance management holds significant weight in the success of government contractors. Government agencies now place a premium on a contractor’s ability to deliver on promises, emphasizing
- [SmallGovCon Week in Review: April 8-12, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-8-12-2024/) - Happy Friday, readers. Around these parts, we've been enjoying some nice spring weather as we try to fill the void left by the end of March Madness. But it will be heating up soon, so enjoy the spring weather while you can and have a great weekend! Here are some recent updates from the world
- [SmallGovCon Week in Review: April 1-5, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-1-5-2024/) - Happy April! We hope everyone had a great week. Yet another beautiful spring Friday for us at SmallGovCon! And you guessed it, it’s time for your week in review. We’ve included some fascinating articles on what's happening in the federal government contracting world we think you will enjoy. These included how contractors may be impacted
- [SmallGovCon Week in Review: March 25-29, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-25-29-2024/) - We hope you had a great week and are enjoying some nice spring weather. Here are some happenings from the federal government contracting world this week, including more updates on the funding package, upcoming information on complying with labor regulations, and new policies on AI. Enjoy your weekend! DoD’s approach to fix its computers is
- [Back to Basics: Similarly Situated Entities](https://smallgovcon.com/statutes-and-regulations/back-to-basics-similarly-situated-entities/) - If you are a small business government contractor who ever utilizes subcontractors to complete federal set-aside contracts, knowing what a "similarly situated entity" is for a given contract is vital to your success. So, let's take it back to the basics of "similarly situated entities." Even if you are not sure where this term comes
- [Michael Lejeune's New Book Now Available!](https://smallgovcon.com/govcon-voices/michael-lejeunes-new-book-now-available/) - Please check out the new release from my friend, federal contracting expert Michael LeJeune. Bestselling author and GovCon expert, Michael LeJeune is releasing his new book, "I'm New to Government Contracting - Where Should I Start?" on March 26th. Michael's new book has all that a growing federal contractor needs to get started on a path
- [GAO: Small Business Teaming Agreement Must Follow Solicitation Guidelines](https://smallgovcon.com/gaobidprotests/gao-small-business-teaming-agreement-must-follow-solicitation-guidelines/) - As we often tell people, language in a teaming agreement is important for a federal contract. But so is complying with the terms of a solicitation. A recent GAO decision hinged on a very specific portion of the language in a teaming agreement that was required as part of a solicitation. Because the contractor did
- [Why File: A Request For Equitable Adjustment](https://smallgovcon.com/why-file/why-file-a-request-for-equitable-adjustment/) - If you are a government contractor, odds are you have faced a situation where some aspect of the contract you were performing changed outside of your control, or you ran into something that neither you nor the government expected. As a result, your work requirements likely changed, and with that, your costs likely changed as
- [SmallGovCon Week in Review: March 18-22, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-18-22-2024/) - Hope you are having a good week readers, and enjoying some March Madness. While it looks like spring in our neck of the woods, in this part of the country the weather can change quickly. We joke around that we must always have every type of coat or jacket at the ready on any given
- [First Annual MyGovWatch Buyer Survey Results May Surprise You](https://smallgovcon.com/events/first-annual-mygovwatch-buyer-survey-results-may-surprise-you/) - This post was written by our friend and colleague, Nick Bernardo, president of MyGovWatch, abid notification and intelligence website offering a free trial to government contractors in morethan 200 industries. Over the years, MyGovWatch has accumulated tens of thousands of buyer email addresses,from Federal government buyers in the DC Beltway all the way down to
- [Govology Webinar: Navigating Government Regulations in Solicitations and Contracts, March 27, 2024, 1:00pm EDT](https://smallgovcon.com/events/govology-webinar-navigating-government-regulations-in-solicitations-and-contracts-march-27-2024-100pm-edt/) - Steven Koprince, Govology Legal Analyst and retired founder of Koprince McCall Pottroff will be presenting this webinar to help you understand the applicable rules and regulations in government contracts and the Federal Acquisition Regulation. These rules can be lengthy and complex–and contractors may also need to follow rules outside the FAR, such as those found in FAR
- [Webinar! Small Business Certifications, March 20, 2024, 10:00-11:00 am CDT](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/webinar-small-business-certifications-march-20-2024-1000-1100-am-cdt/) - Please join federal government contracts attorneys Nicole Pottroff & Greg Weber for this informative webinar on SBA certifications hosted by Catalyst Center for Business & Entrepreneurship. Participants will get an overview about the Small Business Certifications including: Woman Owned Small Business and Economically Disadvantaged Woman Owned Small Business 8(a) Business Development Program HUBZone (Historically Underutilized
- [SmallGovCon Week in Review: March 11-15, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-11-15-2024/) - Happy Friday and happy, early Saint Patrick's Day. We hope you have some fun things planned for the weekend. Here, in Lawrence, Kansas, preparations are underway for the annual St. Patty's Day parade. It seems the whole town comes out to celebrate and it's a very fun and festive spectacle. I think more than anything,
- [GAO Says: SBA's Rules for Mentor-Protégé Joint Venture Experience Evaluations May Limit Solicitation Terms](https://smallgovcon.com/gaobidprotests/gao-says-sbas-rules-for-mentor-protege-joint-venture-experience-evaluations-may-limit-solicitation-terms/) - Contractors will often enter into mentor protégé relationships and joint ventures to leverage the experience and skills of multiple parties for various reasons. SBA regulations dictate how the capabilities, past performance, and experience of a mentor-protégé joint venture will be evaluated. But at the end of the day, what matters is, whether agencies will follow
- [SmallGovCon Week in Review: March 4-8, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-4-8-2024/) - Happy Friday! March Madness is upon us! For you college basketball fans, it's a great time of year. The upsets keep things exciting, even if they do bust everyone's brackets. I guess that's what makes March Madness so maddening and exciting--one can never predict the outcome. Listening to the news out of the federal government
- [8(a) Program's Two Years in Business Rule: Requirement or Suggestion?](https://smallgovcon.com/8a-program/8a-programs-two-years-in-business-rule-requirement-or-suggestion/) - It is no doubt that the SBA’s 8(a) Business Development Program is a first-class program: there is a reason that some of us around here tend to say that it is one of the most important of federal government contracting programs. And in the past year, there has been a flurry of activity surrounding the
- [Playing Dr. Frankenstein: DoD Memo Tries to Revive Joint Venture Facility Clearance Requirements](https://smallgovcon.com/federal-government-contracting/playing-dr-frankenstein-dod-memo-tries-to-revive-joint-venture-facility-clearance-requirements/) - Back in 2021, GAO came down with a clear decision on whether Department of Defense (DoD) agencies could require a joint venture (JV) to have its own facility clearance level (FCL) if its component members held the required FCL themselves. Infopoint LLC, B-419856 (Aug. 27, 2021). That decision was “no,” and it was based on
- [Why File: A NAICS Code Appeal](https://smallgovcon.com/why-file/why-file-a-naics-code-appeal/) - A NAICS code appeal can be a powerful tool for altering the competitive landscape of a bid by changing what size of business is allowed to submit a bid and thereby either increasing or decreasing the potential competitor pool. This post explores some of the important reasons for considering filing a NAICS code appeal. While
- [SmallGovCon Week in Review: Feb 26-March 1, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-feb-26-march-1-2024/) - Hello, blog readers and happy Friday. Can you believe it’s already March? In just a few short weeks, spring will (finally) be here! We hope that you’re gearing up for a nice weekend. But before you punch out, let’s take a look at the-week that was. In this edition of the Week in Review, Congress passed
- [2024 NDAA will Update DFARS to Require Evaluation of Small Business Affiliate Past Performance](https://smallgovcon.com/statutes-and-regulations/2024-ndaa-will-update-dfars-to-require-evaluation-of-small-business-affiliate-past-performance/) - The 2024 NDAA is directing quite a change in past performance evaluations for offerors in Department of Defense acquisitions. Historically, an offeror's affiliate's past performance is not automatically considered along with the offeror's proposal, although an agency could consider it. The 2024 NDAA, though, has actually mandated a change within the DFARS that will up-end
- [Shopping for a New Small Business: How Acquisitions Affect Size Status for Multiple-Award Contracts](https://smallgovcon.com/sbaohadecisions/shopping-for-a-new-small-business-how-acquisitions-affect-size-status-for-multiple-award-contracts/) - As federal contracts attorneys, we often get questions about what happens in the event of an acquisition of a small business. Reporting requirements, whether before or after an acquisition, tend to vary from one type of small business socioeconomic program to another. And there are other considerations such as whether the small business in question
- [MyGovWatch YouTube Video Available Now!](https://smallgovcon.com/naics-code-appeals/mygovwatch-youtube-video-available-now/) - Join our attorneys, Nicole Pottroff and John Holtz, on the latest edition of MyGovWatch, now on YouTube. This podcast, hosted by Nick Bernardo, covered a wide variety of current government contracting topics and answered all the right questions. From the migration of the Veteran Small Business Program from the VA to the SBA (and the
- [Event! MyGovWatch Live: The B2G Rountable hosted by Nick Bernardo, February 21, 2024, 12:00pm CST](https://smallgovcon.com/events/event-mygovwatch-live-the-b2g-rountable-hosted-by-nick-bernardo-february-21-2024-1200pm-cst/) - Check out the full video from this event here. This edition of MyGovWatch Live: The B2G Roundtable, hosted by MyGovWatch President Nick Bernardo along with govcon legal experts Nicole Pottroff and John Holtz from Koprince McCall Potroff! In this session, we talked with an African American gentleman interested in learning about “Super 8(a)” firms and
- [1 Day Virtual Event! The Essentials for Small Business Government Contracting, February 29, 2024](https://smallgovcon.com/events/1-day-virtual-event-the-essentials-for-small-business-government-contracting-february-29-2024/) - Whether you are a small, medium or even a large contractor seeking to team with small businesses, this course will discuss the different regulations you must follow, the different small business programs set up by the SBA, the advantages and disadvantages of the JV & Mentor Protégé programs, plus other topics of interest. This live virtual
- [SmallGovCon Week in Review: February 19-23, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-19-23-2024/) - Happy final Friday of February! Can you believe that next week is March already? I guess we can start preparing for St. Patrick's Day because it will be here soon. I think folks are hoping that our spring like weather will hold and that winter is over. Of course, in Kansas, the weather can change
- [OHA Sustains Status Protest: Self-Proclaimed SDVOSB Awardee Not Certified by VetCert, Not Eligible For SBA's Grace Period, And Not Veteran Owned or Controlled](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/oha-sustains-status-protest-self-proclaimed-sdvosb-awardee-not-certified-by-vetcert-not-eligible-for-sbas-grace-period-and-not-even-veteran-owned-or-controlled/) - In Mckenna Brytan Indus. LLC, SBA No. VSBC-334, 2023 (Feb. 8, 2024), the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) sustained the Service-Disabled Small Business (SDVOSB) status protest of BTNG Enterprises, LLC (BTNG). In its decision, OHA reiterated the two current regulatory options for calling yourself an "SDVOSB" concern: the first,
- [New OCI Law Focuses on Private Sector Contracts, More Examples, More Procedures](https://smallgovcon.com/statutes-and-regulations/new-oci-law-focuses-on-private-sector-contracts-more-examples-more-procedures/) - Late 2022, the president signed a law that would increase what contractors have to reveal about potential organizational conflicts of interest. The law is called the Preventing Organizational Conflicts of Interest in Federal Acquisition Act. Below, we highlight some of the main things contractors should look out for based on this new law. The law
- [A Bridge (Not) Too Far: Prohibition on Dividing up Contracts to get Under 8(a) Sole Source Dollar Limit Doesn’t Apply to Bridge Contracts](https://smallgovcon.com/gaobidprotests/a-bridge-not-too-far-prohibition-on-dividing-up-contracts-to-get-under-8a-sole-source-dollar-limit-doesnt-apply-to-bridge-contracts/) - Under 13 C.F.R. § 124.506, if an 8(a) contract price would exceed a certain threshold ($7 million for manufacturing contracts, $4.5 million for others), in most cases, the agency must compete the set-aside. 13 C.F.R. § 124.506(a)(5) is a provision meant to close up what otherwise would be a loophole in the rules. It states
- [Agency Could Not Accept Price Above Awardee's FSS Price, GAO Says](https://smallgovcon.com/gaobidprotests/agency-could-not-accept-price-above-awardees-fss-price-gao-says/) - If you feel like prices for just about everything are going up, you're not alone. I recently got my annual property tax bill, and the first thing I did (after recovering from a brief fainting spell) was to start Googling to find out how much I could get for one of my kidneys on the
- [Free Webinar! The SBA Mentor-Protégé Program hosted by Washington DC APEX Accelerators, February 27, 10:30am -12:30 PM EST](https://smallgovcon.com/events/free-webinar-the-sba-mentor-protege-program-hosted-by-washington-dc-apex-accelerators-february-27-1030am-1230-pm-est/) - Touted as a "game-changer" when it was first introduced in 2016, the U.S. Small Business Administration's All Small Mentor-Protégé Program isn't new anymore. Known now as simply the "SBA Mentor-Protégé Program, it is still extremely powerful for large and small contractors alike. In this webinar, Gregory Weber and I will explain the ins and out
- [SmallGovCon Week in Review: February 12-16, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-12-16-2024/) - Hello, blog readers. We want to say that our hearts are with the people of Kansas City. Our thoughts and prayers go out to the victims and families of those impacted during the the Super Bowl celebration in Kansas City. We also salute the first responders who acted so quickly. Our stories from federal contracting
- [Adverse Inference, the Wrong Way to Lose a Size Protest](https://smallgovcon.com/sbaohadecisions/adverse-inference-the-wrong-way-to-lose-a-size-protest/) - An adverse inference is a penalty that the Small Business Administration (SBA) can enforce as part of a size protest. During a size protest determination, SBA will ask the protested company lots of questions. Sometimes, a protester will not answer those questions, either on purpose or due to oversight. Depending on the circumstances, SBA can
- [SmallGovCon Week in Review: February 5-9, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-5-9-2024/) - Happy Friday Readers. We hope you all have had a great week. We are enjoying some milder winter weather here in Kansas finally. We still have a bit to go before spring, but it feels like it is right around the corner. We will be following our KC chiefs as they look to defend their
- [Why File: A GAO Pre-Award Protest](https://smallgovcon.com/why-file/why-file-a-gao-pre-award-protest/) - For our third entry in our "Why File" series, we will be covering one of the two big bid protest routes, a "pre-award" Government Accountability Office (GAO) bid protest. Most contractors are fairly familiar with GAO bid protests that occur after an agency makes their award decision (more on this in a later "Why File"
- [GAO: Brand Name or Equal RFQ Must Explicitly State All Salient Characteristics](https://smallgovcon.com/gaobidprotests/gao-brand-name-or-equal-rfq-must-explicitly-state-all-salient-characteristics/) - Solicitations for brand name or equal products are commonly used by contracting officers to ensure that the products procured via the contract meet minimum requirements. However, as one agency found, the salient characteristics required to meet the minimum requirements must be explicitly stated in the solicitation. And, evaluating the product on any characteristics that are
- [SmallGovCon Week in Review: Jan. 28-Feb. 2, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-jan-28-feb-2-2024/) - Happy February! Our Kansas City Chiefs have once again managed to make it back into the Super Bowl and we couldn't be happier about it! Whether you're a Chiefs fan, a 49ers fan or a Swiftie, it's sure to be a good one! Start gathering those favorite snack recipes and get out the lucky sports
- [Why File: A VOSB or SDVOSB Status Protest](https://smallgovcon.com/why-file/why-file-a-vosb-or-sdvosb-status-protest/) - The second entry in our new "Why File" series covers some of the main reasons unsuccessful offerors file veteran-owned small business (VOSB) and service-disabled veteran owned small businesses (SDVOSB) status protests. Don't worry if VOSB and SDVOSB are new acronyms to you--or you just need a refresher--we've got a Back to Basics blog for that.
- [OMB Issues Command to Increase Small Business Participation on MACs](https://smallgovcon.com/statutes-and-regulations/omb-issues-command-to-increase-small-business-participation-on-macs/) - The White House has issued a memorandum that calls for specific procedures for Increasing Small Business Participation on Multiple-Award Contracts. To that end, OMB has recommended steps such as increasing small business order set-asides and maximizing small business set-asides across multiple types of contracts. Perhaps most importantly, OMB has directed federal agencies to apply the
- [SmallGovCon Week in Review: January 22-26, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-22-26-2024/) - Happy Friday! We hope you had a productive week. We are slowly exiting the deep freeze that we have been enduring the past few weeks, here in the midwest. We've had snow, ice, rain and sub degree temperatures! Not fun! We are looking forward to seeing the sun again and warmer days. Hope you are
- [CMMC 2.0 and You: A Look at the Department of Defense’s Proposed New Cybersecurity Rules](https://smallgovcon.com/statutes-and-regulations/cmmc-2-0-and-you-a-look-at-the-department-of-defenses-proposed-new-cybersecurity-rules/) - In 2019, the Department of Defense (DoD) announced the development of the Cybersecurity Maturity Model Certification (CMMC) Program, which was then implemented in 2020 as an interim rule. We blogged about that way back in 2020. This program was designed to give a certification to contractors based on the depth and effectiveness of their cybersecurity
- [SDVOSB Updates: SBA VetCert Achievements, JV Certification, and NDAA Contracting Goal](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/sdvosb-updates-sba-vetcert-achievements-jv-certification-and-ndaa-contracting-goal/) - It’s been one year since the U.S. Small business Administration (SBA) took over the federal government’s veteran-owned small business contracting program from the Department of Veterans Affairs (VA), and a lot has happened in that amount of time. Here, we discuss how SBA has handled the Veteran Small Business Certification Program in the first year
- [SmallGovCon Week in Review: January 15-19, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-15-19-2024/) - Happy Friday! Brrr, another very cold day here in the Midwest. We are looking for relief next week as the forecast is set for warmer temperatures after this deep freeze. I think I speak for everyone when I say that we are ready! We hope that you are staying warm in your neck of the
- [Government Claim Appeals Nuggets from the ASBCA and CBCA 2023 Annual Reports](https://smallgovcon.com/claims-and-appeals/government-claim-appeals-nuggets-from-the-asbca-and-cbca-2023-annual-reports/) - Everyone has New Year traditions. Some do resolutions, some take vacations, some simply buy a fun new calendar. Here at SmallGovCon we like reading the different federal contracting annual reports. These annual reports function as almost yearbooks or like a friend's yearly holiday card that discusses all the highlights of the past year. These annual
- [SmallGovCon Week in Review: December 18-22, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-inreview-december-18-22-2023/) - Happy Holidays, Blog Readers! Please make sure to thank all those that work tirelessly during the holidays to make things merry and bright and I'm not just referring to Santa. We truly appreciate you! We hope you have a very joyful holiday season surrounded by family and friends. And now in federal government contracting news
- [SmallGovCon Week in Review: January 8-12, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-8-12-2024/) - Happy Friday! Boy, were we hit with a major snowstorm this week with very cold temperatures sweeping in from the north! We dug out just in time for a cold blast to arrive today and our Kansas City Chiefs have a playoff game at home this weekend, with the high expected to be a balmy
- [Free Event! SBA & DoD Mentor Protégé Webinar hosted by MST Contract Opportunities Center APEX Accelerator, El Paso:  January 23, 2024, 10:00-11:30am MST](https://smallgovcon.com/events/free-event-sba-dod-mentor-protege-webinar-hosted-by-mst-contract-opportunities-center-apex-accelerator-el-paso-january-23-2024-1000-1130am-mst/) - Touted as a “game-changer” when it was first introduced in 2016, the U.S. Small Business Administration’s All Small Mentor-Protégé Program isn’t new anymore. Known now as simply the “SBA Mentor-Protégé Program,” it is still extremely useful for large and small contractors alike. View Preview Please join me and Gregory Weber as we explain the ins
- [Year in Review: Top SmallGovCon Posts of 2023](https://smallgovcon.com/federal-government-contracting/year-in-review-top-smallgovcon-posts-of-2023/) - Happy New Year to our SmallGovCon readers! While we have already posted some updates from 2024, it's a good time to reflect on the important posts from 2023. This post revisits those blog posts from 2023 that were the most popular. Below, we summarize the blogs written in 2023 that were the most popular as
- [5 Things You Should Know: HUBZone Program (The Basics)](https://smallgovcon.com/hubzone-program/hubzone-basics/) - An introduction to SBA's HUBZone program.
- [Extraordinary Actions v. Day-to-Day Decisions for Joint Ventures: A Cautionary Tale](https://smallgovcon.com/u-s-court-of-federal-claims/extraordinary-actions-v-day-to-day-decisions-for-joint-ventures-a-cautionary-tale/) - Back in 2020, we discussed an SBA Office of Hearings and Appeals (OHA) decision stating that the managing venturer must control every aspect of the joint venture. This position, which we questioned in that article, has changed since that time, and we explored the changes to the regulatory language in question not long thereafter. But
- [SmallGovCon Week in Review: January 1-5, 2024](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-1-5-2024/) - Happy new year! We hope you enjoyed the holiday and are looking forward to what 2024 brings. It's been a pretty mild winter so far, but we expect old man winter will be showing up any day now. Until then, everyone has been taking advantage of getting out and about without any major travel problems.
- [Why File: A Size Protest](https://smallgovcon.com/why-file/why-file-a-size-protest/) - We at SmallGovCon are excited to announce this first in a new line of blogs we call Why File. Our firm handles a wide variety of federal procurement and contract litigation matters--from SBA size and status protests to contract claims and appeals, and everything in between. One of the most common and important questions we
- [SmallGovCon Week in Review: December 25-29, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-december-25-29-2023/) - Happy Friday! It's time to say goodbye to 2023 and usher in the new year. Here at SmallGovCon, we would like to thank all of our blog readers for a wonderful year. We will continue to work hard to provide helpful federal contracting news and updates in 2024 and we truly appreciate your continued support
- [OHA: Owners Did Not Have Enough Managerial Experience to Qualify Concern as a WOSB](https://smallgovcon.com/sbaohadecisions/oha-owners-did-not-have-enough-managerial-experience-to-qualify-concern-as-a-wosb/) - SBA's socio-economic set-aside programs mandate compliance with multiple control requirements. An important one stipulates that a woman owner of a WOSB (or a veteran for a SDVOSB or a disadvantaged owner for an 8(a) business) must have the "managerial experience of the extent and complexity to run the concern." But what, exactly, does this requirement entail? A recent OHA case provides some important guidance.
- [Two Bites of the Same Apple: Protester Wins Sustain on Second Name Brand or Equal Protest with an Unexpected Result](https://smallgovcon.com/gaobidprotests/two-bites-of-the-same-apple-protester-wins-sustain-on-second-name-brand-or-equal-protest-with-an-unexpected-result/) - When submitting an offer, it is important to make sure that all the requirements of the solicitation are met. This is essentially Federal Government Contracting 101 and applies to any type of solicitation. In RELX, Inc., B-421597.2, 2023 CPD ¶ 262 (Comp. Gen. Nov. 17, 2023), GAO looked at this issue in the context of
- [GAO: Small Task Order Protesters Can Protest Scope of Task Order](https://smallgovcon.com/gaobidprotests/gao-small-task-order-protesters-can-protest-scope-of-task-order/) - Congress has made it pretty tough to file a protest against a task order. For one thing, task order protests can generally only occur at the Government Accountability Office (GAO). For another, if a task order dollar value is too small, it can't be protested at all. A recent case confirms that the exceptions to
- [SmallGovCon Week in Review: December 11-15, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-december-11-15-2023/) - Happy Friday! We are halfway through December already and oh my, how time does fly! 2024 is just around the corner and the holiday season is now in full swing. We hope you are enjoying all the season has to offer. There have been a lot of changes in federal government contracting this year, and
- [SBA's 2023 Update: Demonstrating 8(a) Social Disadvantage](https://smallgovcon.com/8a-program/sbas-2023-update-demonstrating-8a-social-disadvantage/) - SBA recently issued new guidance on how to demonstrate social disadvantage--one of the elements an individual must meet to be eligible for SBA's illustrious 8(a) Business Development Program. The guidance implements a streamlined social disadvantage narrative format--limiting the number of social disadvantage instances to two and asking only for direct answers to six questions for each
- [A HUBZone Appeal Appears! Continuing our Look at the HUBZone Appeal Process](https://smallgovcon.com/sbaohadecisions/a-hubzone-appeal-appears-continuing-our-look-at-the-hubzone-appeal-process/) - Earlier this year, SBA’s Office of Hearings and Appeal (“OHA”) released its first HUBZone status protest appeal decision. That decision, as you may recall was fairly straightforward, resulting in a dismissal of the appeal. About half a year later, OHA has issued its second HUBZone status appeal decision! This one is even more straightforward than
- [SmallGovCon Week in Review: December 4-8, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-december-4-8-2023/) - Happy Friday, Readers! It was another busy week here at SmallGovCon and in the federal government contracting world. GSA announced some new political appointees, while cyber security and AI have also been ongoing hot topics. You can read more about these and other contracting news in the articles below. Have a wonderful weekend. Three Military
- [Reminder: 2023 SDVOSB Deadline Looming](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/reminder-2023-sdvosb-deadline-looming/) - SmallGovCon has covered the SBA's assumption of control over certification of Service-Disabled Veteran Owned Small Businesses ("SDVOSB") and Veteran Owned Small Businesses ("VOSB") since it was first announced well over a year ago. Now, we are coming close to one of the final deadlines associated with SBA taking over these certification processes. It is hard
- [Webinar Event: Small Business Certifications hosted by the Catalyst Center for Business & Entrepreneurship, December 14, 2023, 4:00pm EST](https://smallgovcon.com/events/webinar-event-small-business-certifications-hosted-by-the-catalyst-center-for-business-entrepreneurship-december-14-2023-400pm-est/) - Please join Greg Weber and I for this informative webinar on small business certifications. Participants will get an overview about: Woman Owned Small Business and Economically Disadvantaged Woman Owned Small Business 8(a) Business Development Program HUBZone (Historically Underutilized Business Zone) Service Disabled Veteran Owned Small Business We will discuss how to get certified, how long
- [Free Webinar Event: Mastering Size Calculations for SBA Size Determinations hosted by LeftBrain, December 12, 2023, 1:00pm EST](https://smallgovcon.com/events/free-webinar-event-mastering-size-calculations-for-sba-size-determinations-hosted-by-leftbrain-december-12-2023-100pm-est/) - If your small business status hangs in the balance, you can’t afford mistakes in your next SBA size determination. Join us for an in-depth look at key accounting strategies and lessons from recent SBA size appeal decisions involving affiliation issues, joint ventures, and receipts calculation. Learn how to properly account for inter-affiliate transactions, raise strong
- [SmallGovCon Week in Review: Nov. 27-Dec. 1](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-nov-27-dec-1/) - Happy December! If you haven't started your holiday shopping, don't panic, you still have time! It's hard to believe that 2023 is almost over. I don't know about you, but here at SmallGovCon, the year seemed to fly by. We hope you have a nice weekend and can get out to enjoy all the holiday
- [FAR Subcontracting Plan Update: Credit for Lower Tier Subcontractors Means Lower Tier No Longer Lower Value](https://smallgovcon.com/statutes-and-regulations/far-subcontracting-plan-update-credit-for-lower-tier-subcontractors-means-lower-tier-no-longer-lower-value/) - Updates to the SBA’s Small Business Subcontracting Plan regulations in response to the National Defense Authorization Act of 2020 Section 870 are changing the circumstances in which a prime contractor can receive credit for lower-tier subcontractors, effective November 13, 2023. Such changes make the inclusion of lower-tier subcontractors in certain situations optional and put the
- [$162B in Small Business Contracts: SBA Releases Small Business Scorecards for FY 2022](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/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
- [OHA: Respond to SBA Size Determination Questions, or Risk an Adverse Inference](https://smallgovcon.com/sbaohadecisions/oha-respond-to-sba-size-determination-questions-or-risk-an-adverse-inference/) - SBA's size protest rules contain a stick to force companies to respond to SBA as part of size determination. That stick is called the adverse inference rule. The adverse inference rule says that, if SBA requests specific information and a protested company refuses to provide it, SBA may assume that the missing information would show
- [GAO: Debriefings Only Delay Filing Deadlines For GAO Protest](https://smallgovcon.com/gaobidprotests/gao-debriefings-only-delay-filing-deadlines-for-gao-protest/) - While losing a procurement is never easy, many contractors will learn some valuable lessons from a debriefing. On top of that, a debriefing can delay bid protest filing deadlines at GAO. However, recently, GAO clarified that the bid protest filing deadline delay for debriefings only applies to GAO protests. A protestor found this out the
- [SBA OIG Again Challenges SBA's Revised Definition of a HUBZone Employee](https://smallgovcon.com/hubzone-program/sba-oig-again-challenges-sbas-revised-definition-of-a-hubzone-employee/) - The U.S. Small Business Administration's Office of Inspector General isn't mincing words--OIG thinks that SBA has strayed from Congressional intent with its expansive definition of who qualifies as a HUBZone employee for purposes of satisfying the HUBZone Program's eligibility requirements. In a recent report, SBA OIG points out that SBA's broad definition could result in a
- [Room for Improvement: Statistics Suggest It is Unclear if Large Businesses are Meeting Small Business Subcontracting Goals.](https://smallgovcon.com/federal-government-contracting/room-for-improvement-statistics-suggest-it-is-unclear-if-large-businesses-are-meeting-small-business-subcontracting-goals/) - Just as agencies have established goals to award a certain percentage of their procurements to small businesses and businesses participating in socio-economic programs like the 8(a) Program, large business contractors must establish goals to include small business subcontractors in their pool of subcontractors for unrestricted awards over the applicable threshold in FAR 19.702 ($750,000 for
- [SDVOSB Owner Avoids Brewing Up Trouble with a Second Job](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/sdvosb-owner-avoids-brewing-up-trouble-with-a-second-job/) - In a recent SBA decision, SBA's judges had the opportunity to review three different simultaneous challenges to whether a service-disabled veteran controlled a SDVOSB. Because there were three different challenges reviewed at once, SBA took a deep dive into the SDVOSB certification standards around the requirement of control of a SDVOSB. With such a deep
- [SmallGovCon Week in Review: November 13-17, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-november-13-17-2023/) - Happy Friday! Next week is Thanksgiving and we want to take this opportunity to thank all of you for your support of SmallGovCon. We always strive to provide helpful content and we appreciate all the wonderful feedback that we have received from our readers. We hope you have a great Thanksgiving and are able to
- [Govology Webinar Event: 2023 Government Contracting Year in Review, December 7, 2023, 1:00pm EST](https://smallgovcon.com/events/govology-webinar-event-2023-government-contracting-year-in-review-december-7-2023-100pm-est/) - In this webinar, Nicole Pottroff and I will cover some of the most important legal developments for federal contractors in 2023. Among other things, we will discuss Updates to the 8(a) rules and application procedures New small business rules Joint venture changes Updated SDVOSB certification requirements And more. Hope you can join us. Register here.
- [Event: Teaming Agreements & Subcontracts Workshop hosted by The Catalyst Center for Business & Entrepreneurship, November 16, 2023, 3:00-5:00pm CST](https://smallgovcon.com/events/event-teaming-agreements-subcontracts-workshop-hosted-by-the-catalyst-center-for-business-entrepreneurship-november-16-2023-300-500pm-cst/) - This workshop will focus on teaming agreements and subcontracts which can be essential to winning and successfully performing federal government contracts. Greg Weber and I will explain how to develop, negotiate and administer agreements that are both compliant and effective for both small and large contractors. The presentations will cover both the key rules (such as flow-downs
- [SmallGovCon Week in Review, November 6-10, 2023, A Salute to Our Veterans!](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-november-6-10-2023-a-salute-to-our-veterans/) - Tomorrow is Veterans Day and SmallGovCon would like to thank our veterans for their service. Here are some interesting historical facts about Veterans Day. It was on November 11, 1921, an unidentified American soldier killed in the war was buried at Arlington National Cemetery. The US Department of Veterans Affairs holds a ceremony each year in
- [Event: Encountering Innovation Conference hosted by Kansas APEX Accelerators, Nov. 13-17, 2023, Johnson County Community College](https://smallgovcon.com/events/event-encountering-innovation-conference-hosted-by-kansas-apex-accelerators-nov-13-17-2023-johnson-county-community-college/) - Encountering Innovation has quickly become one of the top US Pitch Events for Innovators/Inventors to present and showcase their technology to US Government Tech Scouts for special funding. Tech Scouts from the Department of Defense, Service Labs, Academia, and most US government agencies prioritize attending this week-long event to listen to pitches, examine poster board
- [SBA OIG Report Shows Improvements in 8(a) and Woman-Owned Small Business Programs](https://smallgovcon.com/8a-program/sba-oig-report-shows-improvements-in-8a-and-woman-owned-small-business-programs/) - The Small Business Administration Office of the Inspector General (OIG) recently released its report discussing the top management and performance challenges facing the SBA in 2024. The report highlights a number of issues currently plaguing the SBA and its various programs, including abuse of economic relief programs, disaster assistance programs, and loan programs, cyber security
- [2023 Bid Protest Report, Success Rate Up, Total Protests Up a Little Bit](https://smallgovcon.com/gaobidprotests/2023-bid-protest-report-success-rate-up-total-protests-up-a-little-bit/) - One of our favorite fall traditions is back. No, not gorging on stuffing after a turkey trot. Rather, it's time for GAO's annual bid protest report. This report is GAO's summary of bid protests for the previous fiscal year. It contains some key insights for how the protest numbers have changed from prior years. Here
- [SmallGovCon Week in Review: Oct. 30-Nov. 3, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-oct-30-nov-3-2023/) - Happy Friday and welcome to November! In honor of National Veterans’ Small Business Week, Administrator Isabel Guzman, head of the SBA, hosted a roundtable with the Veteran Institute for Procurement (VIP) to discuss the Veteran Small Business Certification (VetCert) Program. The SBA has certified over 8,300 new veteran- and service-disabled veteran-owned small businesses through VetCert so far. Also,
- [UPDATE: SBA Reopens its Certify Site for all 8(a) Program Applicants](https://smallgovcon.com/8a-program/update-sba-reopens-its-certify-site-for-all-8a-program-applicants/) - It’s the moment many have been waiting for--SBA has reopened its Certify portal to new applicants seeking admission into the 8(a) Business Development Program. SBA closed the portal to all new 8(a) Program applicants in early August 2023, following a decision from the Federal District Court of the Eastern District of Tennessee that took away
- [Joint Venture Agreement Fails for Lack of Detail--And Too Much Detail on Venturer Control](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/joint-venture-agreement-fails-for-lack-of-detail-and-too-much-detail-on-venturer-control/) - A joint venture agreement must closely follow Small Business Administration rules to be compliant for a small business set-aside. And SBA interprets those rules strictly. If they are not followed, a joint venture that was up for award, can see that award go up in smoke. Here, SBA said that a joint venture involving a
- [SBA and Industry Leaders Reaffirm Support for 8(a) Program in Light of Recent Judicial Attacks](https://smallgovcon.com/8a-program/sba-and-industry-leaders-reaffirm-support-for-8a-program-in-light-of-recent-judicial-attacks/) - This week, the SBA published a press release affirming its continued support of its 8(a) Business Development Program in response to recent 8(a) Program attacks in the courts. In the press release, business industry leaders across the nation joined SBA Administrator, Isabella Casillas Guzman, in praising the 8(a) Program, its successful history, and its driving
- [OHA: JV Violates Two-Year Rule, Loses Award](https://smallgovcon.com/sbaohadecisions/oha-jv-violates-two-year-rule-loses-award/) - The joint venture two-year rule always generates a lot of questions. But it's an important one for small business joint venture members to understand and comply with. A recent decision from the Small Business Administration Office of Hearings and Appeals (OHA) shows why. In the case, a joint venture lost an award because it violated
- [FAR Updates: Size Protests for Orders, Rules for 8(a) Follow-On Contracts](https://smallgovcon.com/statutes-and-regulations/far-updates-size-protests-for-orders-rules-for-8a-follow-on-contracts/) - The FAR Council has released updates that will impact a couple aspects of small business contracting. One is that contractors can now file size and socioeconomic status protests for certain types of orders, under strict timelines. Second is that agencies must notify SBA when they seek to remove certain contracts from the 8(a) Program. While
- [DoD Proposes Updates to its Mentor-Protégé Program](https://smallgovcon.com/statutes-and-regulations/dod-proposes-updates-to-its-mentor-protege-program/) - Many federal contractors know of and participate in the SBA's Mentor-Protégé Program. However, there are many agency specific Mentor-Protégé Programs, including the oldest continuous program, the Department of Defense's Mentor-Protégé Program. The DoD's program has been operating since around the First Gulf War, and like any good machine that is a few decades old, regularly
- [Event Announcement: APTAC’s 2023 Fall Training Conference](https://smallgovcon.com/events/event-announcement-aptacs-2023-fall-training-conference/) - Nicole Pottroff and I are excited to attend the Fall APTAC conference in Washington DC and will be presenting on legal updates on November 6. 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
- [SmallGovCon Week in Review: October 23-27, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-23-27-2023/) - Happy Friday and happy Halloween! Nicole Pottroff enjoyed presenting at the recent ICBSSHOW this week and enjoyed talking to many of our readers. But it's also the last weekend to prepare and to stock up on candy for those trick or treaters. Hope the federal contracting stories from this week aren't too scary. This week
- [SmallGovCon Week in Review: October 16-20, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-16-20-2023/) - Happy Friday! The Autumn trees are really showing off their colors this past week here in Lawrence, Kansas. We are grateful for some nice fall temperatures after the heat of summer. The city is bustling with activity and there seems to be some sort of fall festival every weekend. Also, our attorney-author John Holtz had
- [Conference Announcement: ICBS Show, Oklahoma City, October 23-25, 2023](https://smallgovcon.com/events/conference-announcement-icbs-show-oklahoma-city-october-23-25-2023/) - The Indian Country Business Summit (ICBS) is hosting its annual "Diversity in Government Contracting" ICBSSHOW in Oklahoma City this month. And our very own equity partner, Nicole Pottroff, will be attending and presenting on this year's federal contracting legal updates. So, please stop by our table to say hello. The ICBSSHOW offers informational sessions featuring experts
- [MyGovWatch Live: The B2G Roundtable with Nicole Pottroff & Greg Weber, Federal Contracts Attorneys, October 18, 2023, 12:00pm CDT](https://smallgovcon.com/events/mygovwatch-live-the-b2g-roundtable-with-nicole-pottroff-greg-weber-federal-contracts-attorneys-october-18-2023-1200pm-cdt/) - If you’re interested in winning more B2G business through the bid process, but you don’t have all the answers, join this LIVE forum and talk about this market with people who have helped hundreds of companies win BILLIONS of dollars in government contracts. The event host, Nick Bernardo, President & founder of MyGovWatch.com, has over
- [SmallGovCon Week in Review: October 9-13, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-9-13-2023/) - Happy Friday the 13th! It seems very fitting to have a Friday the 13th fall in the month of October, right? The pumpkins are being gathered from the patches in preparation of carving and I see Halloween decorations everywhere I go. It's also conference season at SmallGovCon.com. I was in Iowa last month, John Holtz
- [Event: Meet the Buyers Fall 2023 Conference | October 17-19 | Scottsbluff, Nebraska](https://smallgovcon.com/events/event-meet-the-buyers-fall-2023-conference-october-17-19-scottsbluff-nebraska/) - Please join attorney John Holtz, as he heads back to his home state of Nebraska, to the Meet the Buyers Conference. This is Nebraska's premier government contracting conference where businesses can advance their contracting knowledge, connect with other business owners, and network directly with agency representatives and buyers. John will be doing two presentations: joint
- [SmallGovCon Week in Review: October 2-6, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-2-6-2023/) - This week we had some actual fall temperatures at the SmallGovCon home offices. It's finally pumpkin spice weather! We'll be enjoying the fall weather and some football this weekend. Hope you enjoy the fall weather as well, along with some of top federal contracting headlines, including the continuing resolution to fund the government, new cyber rules, and
- [SmallGovCon Week in Review: September 24-29, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-24-29-2023/) - Happy Friday. It's time to say goodbye to September and welcome in October already. Where does the time go? As I'm sure you all are aware, this week's federal government contracting news is all about the possible government shut down and its impact on federal services and federal government contractors. Lawmakers have today and tomorrow
- [No Work No Play: SBA Reminds Contractors of HUBZone Employment Requirements](https://smallgovcon.com/hubzone-program/no-work-no-play-sba-reminds-contractors-of-hubzone-employment-requirements/) - One of the pillars of the SBA's HUBZone program is the location of a company's employees. In August of this year, SBA released an Information Notice emphasizing important points about where employees reside, and HUBZone entity's efforts to employ the necessary amount of employees residing in HUBZone areas. While SBA's HUBZone policies don't have the
- [Watching the Watchman - New FAR Rule Opens Door to Further Feedback on Acquisition Process](https://smallgovcon.com/federal-government-contracting/watching-the-watchman-new-far-rule-opens-door-to-further-feedback-on-acquisition-process/) - In Fiscal Year 2022, 1,595 bid protests were filed with GAO. While that seems like a large number, it pales in comparison to the number of federal contracts the federal government awards in a given year. On average, the government awards over 11 million contracts per year. That’s a lot of acquisitions that are not
- [Small GovCon Week in Review: September 18-22, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/small-govcon-week-in-review-september-18-22-2023/) - Happy Friday, Readers. We hope you have had a great week and are looking forward to the weekend. Talk around the proverbial water cooler, this week, has been about the possible government shut down. On midnight, September 30th, fiscal year 23 will come to an end. Apparently, if certain things aren't passed by Congress and
- [COFC: Lapsed SAM Registration During Proposal Evaluations Makes Offeror Ineligible for Award](https://smallgovcon.com/gaobidprotests/cofc-lapsed-sam-registration-during-proposal-evaluations-makes-offeror-ineligible-for-award/) - It’s a tale as old as time, and I’m not talking about “Beauty and the Beast.” I’m talking about an offeror who failed to comply with the registration requirements in FAR 52.204-7. What’s FAR 52.204-7? It’s the FAR provision that requires, among other things, all offerors to be registered in the System for Award Management,
- [SmallGovCon Week in Review: September 11-15, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-11-15-2023/) - Happy Friday, Readers. We hope you had a great week. We are starting to get a little fall weather around these parts, which is exciting. Fall has also brought the prospect of a potential government shutdown and what the impact will be, as reflected in some of these articles. The budget process is complicated, so
- [UPDATE: SBA Opens Certify Portal for Social Disadvantage Narrative Uploads by Current 8(a) Participants Not Pending 8(a) Award](https://smallgovcon.com/8a-program/update-sba-opens-certify-portal-for-social-disadvantage-narrative-uploads-by-current-8a-participants-not-pending-8a-award/) - As we have previously written about in several recent 8(a) articles and updates, which can all be found on our 8(a) landing page here, SBA had previously told all 8(a) participants not pending an 8(a) award to "sit tight" and wait for the go-ahead to submit their social disadvantage narratives. Well, according to SBA's just-released
- [Davis-Bacon Act Resurrects Old Prevailing Wage Methodology](https://smallgovcon.com/statutes-and-regulations/davis-bacon-act-resurrects-old-prevailing-wage-methodology/) - There is a saying that sometimes to go forward, you have to go back first. In August, the Department of Labor ("DOL") published a final rule that will update the Davis-Bacon Act, with some methodologies previously abandoned. Unsurprisingly, this final rule focused on enforcement of labor standards, and was quite lengthy (numbering in the hundreds
- [Govology Webinar: Foreign Ownership, Control or Influence (FOCI) Rules for Federal Contractors, Sept. 14, 2023, 1:00pm EDT](https://smallgovcon.com/events/govology-webinar-foreign-ownership-control-or-influence-foci-rules-for-federal-contractors-sept-14-2023-100pm-edt/) - Steven Koprince, Govology Legal Analyst and retired founder of Koprince McCall Pottroff will be presenting this webinar which covers the Foreign Ownership, Control or Influence (FOCI) Rules for Federal Contractors, including which contracts are subject to FOCI rules, how does the government evaluate whether a contractor is operating under foreign ownership, influence, or control, what responsibilities does a
- [SmallGovCon Week in Review: September 4-8, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-4-8-2023/) - Happy Friday! We hope you enjoyed the nice long weekend. After this long heatwave, we've been enjoying the cooler weather this week, here in Kansas. I think it's safe to say that most everyone is ready for fall. There was a lot of activity this week in federal government contracting. We have included some articles
- [Partner Nicole Pottroff Discusses Recent 8(a) Program Changes in Washington Post Article](https://smallgovcon.com/8a-program/recent-8a-program-changes-recognized-in-washington-post-article/) - Our very own Nicole Pottroff was featured in the Washington Post yesterday, in an article titled: "SBA program upended in wake of Supreme Court affirmative action ruling." This article covers SBA's 8(a) Program and its recent changes, as well as the federal court decisions that sparked the changes and some of the more widespread concerns
- [Event Announcement: Senator Joni Ernst's Entrepreneur Expo, September 22, 2023 Ames, Iowa](https://smallgovcon.com/events/event-announcement-senator-joni-ernsts-entrepreneur-expo-september-22-2023-ames-iowa/) - I'm excited to announce that I will be presenting at Senator Ernst's Entrepreneur Expo in Ames, Iowa. This is a wonderful opportunity for Iowa’s small businesses to learn about government contracting and federal innovation programs. This event will feature successful small business speakers, multiple information sessions with procurement experts, and networking opportunities with federal, state,
- [Virtual Event Announcement: Teaming Agreements hosted by Wyoming APEX Accelerators, September 13, 2023, 1:00pm CDT](https://smallgovcon.com/events/virtual-event-announcement-teaming-agreements-hosted-by-wyoming-apex-accelerators-september-13-2023-100pm-cdt/) - For large and small contractors alike, teaming agreements are often essential to winning and successfully performing federal government contracts. Many agencies are (increasingly) requiring teaming agreements for a prime contractor to rely on subcontractor experience, qualifications, or resources. Even where a teaming agreement is not required to compete for a contract, it can still significantly reduce the likelihood
- [Govology Webinar: Cracking the Code: NAICS Essentials for Government Contractors, September 12, 2023, 1:00pm EDT](https://smallgovcon.com/events/govology-webinar-cracking-the-code-naics-essentials-for-government-contractors-september-12-2023-100pm-edt/) - Join this webinar as John Holtz and I explore the pivotal role of NAICS codes in determining eligibility for SBA's exclusive small business set-aside contracts. Recent revisions in size thresholds, size calculations, and industry classifications within the latest NAICS manual have reshaped the landscape. We'll also discuss NAICS codes appeals, which can be a powerful
- [Clearing Things Up: OHA Remands Matter for Unclear Veteran-Owned Bylaws](https://smallgovcon.com/sbaohadecisions/clearing-things-up-oha-remands-matter-for-unclear-veteran-owned-bylaws/) - SBA administers four socioeconomic programs: Service-Disabled Veteran-Owned Small Business (SDVOSB), 8(a) Business Development Program (8(a)) Women-Owned Small Business Program (WOSB) and HUBZone. The SDVOSB, 8(a), and WOSB programs all require that the key owner generally have control over the long-term decision-making and the day-to-day operations of a company. These same rules apply to the veteran-owned SBA administers four socioeconomic programs: Service-Disabled Veteran-Owned Small Business (SDVOSB), 8(a) Business Development Program (8(a)) Women-Owned Small Business Program (WOSB) and HUBZone. The SDVOSB, 8(a), and WOSB programs all require that the key owner generally have control over the long-term decision-making and the day-to-day operations of a company. These same rules apply to the veteran-owned
- [SmallGovCon Week in Review: August 28-Sept. 1, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-28-sept-1-2023/) - Happy Friday! We always know it's almost Labor Day when the sunflower fields start blooming in Kansas. They hold a special place in our hearts because they are the state flower. People come from miles around to visit and photograph the beautiful fields each year. I mean, how can you not smile when you see
- [SBA Releases New Small Business Award Data Hub](https://smallgovcon.com/federal-government-contracting/sba-releases-new-small-business-award-data-hub/) - While some federal contractors have (understandably) been focused on the court decision that found the 8(a) Program’s rebuttable presumption of social disadvantage for members of certain racial minorities unconstitutional, the SBA doesn’t just operate the 8(a) Program. It has to look out for all small businesses in America as well. In connection with this obligation,
- [DoD FAR Deviation Addresses 8(a) Social Disadvantage Changes](https://smallgovcon.com/8a-program/dod-far-deviation-addresses-8a-social-disadvantage-changes/) - It’s no secret that the 8(a) federal government contracting world has been in a bit of an upheaval this summer. When the Eastern District of Tennessee published its decision for the Ultima Services Corporation case, small business federal contractors everywhere began scrambling to keep up to date on how various agencies would react. We here
- [SBA Webinar Clarifies New Expectations for 8(a) Social Disadvantage Narrative](https://smallgovcon.com/8a-program/sba-webinar-clarifies-new-expectations-for-8a-social-disadvantage-narrative/) - 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
- [SmallGovCon & Koprince McCall Pottroff LLC Announce the 8(a) Contractors' Toolkit](https://smallgovcon.com/8a-program/smallgovcon-koprince-mccall-pottroff-llc-announce-the-8a-contractors-toolkit/) - To keep federal contractors apprised of recent decisions affecting the 8(a) Program, we are launching the 8(a) Contractors' Toolkit. The goal is to provide relevant and useful information for government contractors about eligibility, contract requirements, and best practices. We are here to help federal contractors navigate the rapidly changing waters of the 8(a) Program. Check
- [SmallGovCon Week in Review: August 21-24, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-21-24-2023/) - We at SmallGovCon are trying to get back into the routine of school. Pick-ups, drop-offs, practices, and clubs--it's a lot. And the government is also ramping up activity a bit as it prepares for fiscal year end and what usually is a big rush of contract awards. With that in mind, check out the latest
- [Koprince McCall Pottroff's GovCon Handbook, SBA Small Business Size and Affiliation Rules, is Now Available!](https://smallgovcon.com/sba-size-protests/koprince-mccall-pottroffs-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
- [8(a) Social Disadvantage Narratives: What SBA is Looking For--Now, From ALL Individually-Owned 8(a) Applicants and Participants](https://smallgovcon.com/sbaohadecisions/8a-social-disadvantage-narratives-what-sba-is-looking-for-now-from-all-individually-owned-8a-applicants-and-participants/) - Writing a social disadvantage narrative for application to SBA’s 8(a) Business Development Program has always been an arduous undertaking--to say the least. And up until a recent Federal District Court decision (which we blogged on here), only a small portion of 8(a) Program applicants had to submit this time-consuming, highly personal, difficult task. But now
- [SBA Update: Get Your Social Disadvantage Narrative Ready](https://smallgovcon.com/8a-program/sba-update-get-your-social-disadvantage-narrative-ready/) - As you likely know, there are some major changes going on in the SBA's 8(a) Business Development Program. And like many, I am sure you have a lot of questions—given the fact that these changes are being implemented right now without a published final rule explaining the details, limitations, and new requirements. While we may
- [Govology Webinar: The Ins and Outs of Defense Production Act Title III Agreements, August 24, 2023, 1:00pm EDT](https://smallgovcon.com/events/govology-webinar-the-ins-and-outs-of-defense-production-act-title-iii-agreements-august-24-2023-100pm-edt/) - Steven Koprince, Govology Legal Analyst and retired founder of Koprince McCall Pottroff (and all around cool dude) will be presenting this webinar which covers the Ins and Outs of the DPA Title III Agreement, including which contractors are eligible, how to find and pursue DPA Title III opportunities, typical terms of DPA Title III agreements, and more.
- [YouTube Tuesday: Why Should You File Bid Protests at GAO?](https://smallgovcon.com/gaobidprotests/youtube-tuesday-why-should-you-file-bid-protests-at-gao/) - We here at Koprince Law have been seeing a lot of GAO bid protests lately- but for those of you unfamiliar with the Government Accountability Office and what it means to file a bid protest, this video is for you:
- [YouTube Tuesday: Procedures & Pitfalls of Size Protests & Appeals Handbook Now Available](https://smallgovcon.com/sbaohadecisions/youtube-tuesday-procedures-pitfalls-of-size-protests-appeals-handbook-now-available/) - The new GovCon Handbook Procedures & Pitfalls of Size Protests & Appeals is now available! This video highlights some of the main topics from the book.
- [YouTube Tuesday: Writing Your 8(a) Application's Social Disadvantage Narrative- What the SBA is Looking For](https://smallgovcon.com/8a-program/youtube-tuesday-writing-your-8a-applications-social-disadvantage-narrative-what-the-sba-is-looking-for/) - One of the trickiest requirements for admission into the SBA's 8(a) program is demonstrating social disadvantage. While some groups are presumed socially disadvantaged (as discussed here), social disadvantage can also be demonstrated based on other characteristics not specifically included in the SBA's regulations. For those characteristics, applicants must submit a "social disadvantage narrative." In this video, I provide you the tricks of the trade you'll need to create a successful narrative:
- [SmallGovCon Week in Review: August 14-18, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-14-18-2023/) - Happy Friday! School started this week and I'm not sure who was more excited, the kids or the parents? Seems like the summer school break flew by. It's really fun to see all those first day of school photos that the parents are posting. Here in Lawrence, Kansas the university students are also back in
- [OHA: A Manufacturer Must Own or Lease Facilities to Qualify](https://smallgovcon.com/sbaohadecisions/oha-a-manufacturer-must-own-or-lease-facilities-to-qualify/) - In a recent decision, the Small Business Administration's Office of Hearings and Appeals (OHA) reviewed the requirements to establish that a company is a manufacturer of a product under SBA's rules. In particular, there is a requirement that a company use "its own facilities" in manufacturing the product. But how does a company establish it
- [SBA Clarifies Inconsistencies in 8(a) and Mentor-Protégé Ownership Rules](https://smallgovcon.com/8a-program/sba-clarifies-inconsistencies-in-8a-and-mentor-protege-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,
- [Podcast: Understanding the 8(a) Lawsuit and Its Impact: Attorney John Holtz Reveals All](https://smallgovcon.com/8a-program/podcast-understanding-the-8a-lawsuit-and-its-impact-attorney-john-holtz-reveals-all/) - John Holtz was recently interviewed by Dr. Kizzy Parks with K. Parks Consulting, Inc. about the current 8(a) Program situation and the pause on applications. Please use this link to access this informative podcast and we invite you to visit YouTube for all of Kizzy Parks podcasts concerning federal government contracting matters.
- [SmallGovCon Week in Review: August 7-11, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-7-11-2023/) - Hello, Readers! Many small business contractors and agency personnel are paying close attention to the fallout from the recent court decision on the 8(a) Program, as shown in this week's articles. For an explanation of the decision, see the post from John Holtz, while Nicole Pottroff has explained SBA's pause on taking current 8(a) Program
- [Senate-Passed 2024 NDAA set to Raise DoD Set-Aside Sole-Source Contract Threshold Limits](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/senate-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. The Senate version of the 2024
- [8(a) Rule Update: Agencies Can’t Limit 8(a) Competition to Participants with Additional Certifications, SBA Clarifies Bona Fide Place of Business for Construction Contracts](https://smallgovcon.com/8a-program/8a-rule-update-agencies-cant-limit-8a-competition-to-participants-with-additional-certifications-sba-clarifies-bona-fide-place-of-business-rules-for-8a-construction-contracts/) - A few months ago, we explored SBA’s new rule that made changes to the 8(a) program, the limitations on subcontracting rules, and the ostensible subcontractor rule. There was another aspect of that new rule that also makes some needed clarification on how contracting officers can limit 8(a) competitions, and we want to briefly explore that
- [Event: "Small Business is BIG Business in Government Procurement" Training Workshop, August 15, 2023 San Antonio](https://smallgovcon.com/events/event-small-business-is-big-business-in-government-procurement-training-workshop-august-15-2023-san-antonio/) - The San Antonio Business Opportunity Counsel will be hosting this workshop that will include a day of training, networking, speakers and exhibitors in beautiful San Antonio, Texas. I'm excited for the opportunity to be the keynote speaker and will be presenting on Mentor-Protégé, Teaming and Joint Venture Agreements. For more information on this event please
- [SBA Puts "Temporary Pause" on New 8(a) Program Application Submissions](https://smallgovcon.com/8a-program/sba-puts-temporary-pause-on-new-8a-program-application-submissions/) - The SBA's Office of Government Contracting and Business Development, the office that handles the 8(a) Business Development Program applications, has just confirmed that SBA has "temporarily paused" the submission of new 8(a) Program applications in light of the recent decision by the federal district court of the Eastern District of Tennessee. As we recently blogged
- [SmallGovCon Week in Review: July 31 - August 4, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-31-august-4-2023/) - Happy Friday, Readers! As we move into a new month this week, big things are happening in the world of federal government contracting, from the impacts of recent federal court decisions on SBA's 8(a) Program--to the ever-developing conversations about artificial intelligence and social media (and the benefits, limitations, and concerns surrounding each). But amidst many a changing
- [On Deck for SBA Regulations in 2023: Affiliation and WOSB Rule Changes](https://smallgovcon.com/statutes-and-regulations/on-deck-for-sba-regulations-in-2023-affiliation-and-wosb-rule-changes/) - SBA, like other agencies, publishes a semiannual Regulatory Agenda to provide an update on the various rules it has coming up as well as a timeline for when they will be published or become final. While SBA doesn’t have to meet these timeframes, it’s always good to check in on what SBA has been working on when
- [SmallGovCon Week in Review: July 24-28, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-24-28-2023/) - Happy Friday! It's time for another edition of WIR. I'd like to start off by thanking the El Paso Community College’s Contract Opportunities Center APEX Accelerator and the always-lively Pablo Armendariz for hosting me and allowing me to speak at the Procurement and Contracting Symposium, in El Paso, Texas, earlier this week. It was a
- [SBA Final Rule Eases Use of Small Business Joint Venture and Subcontractor Past Performance](https://smallgovcon.com/statutes-and-regulations/far-final-rule-eases-use-of-small-business-joint-venture-and-subcontractor-past-performance/) - SBA has issued a final rule that should help small businesses demonstrate their past performance more easily. Perhaps most importantly, the rule will allow for a small business to receive a written performance record, similar to CPARS, showing its performance as a subcontractor to a large business prime. The new rule will also allow a
- [Initial Challenge to 8(a) Presumption of Social Disadvantage for Certain Minority Groups Succeeds: What This Means for Now](https://smallgovcon.com/8a-program/initial-challenge-to-8a-presumption-of-social-disadvantage-for-certain-minority-groups-succeeds-what-this-means-for-now/) - On July 19, 2023, the federal district court of the Eastern District of Tennessee issued a decision regarding a case involving the rebuttable presumption of social disadvantage in place under the 8(a) Business Development Program. Ultima Servs. Corp. v. U.S. Dep’t of Agric., 220CV00041DCLCCRW, 2023 WL 4633481, at *1 (E.D. Tenn. July 19, 2023). This
- [SmallGovCon Week in Review: July 17-21, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-17-21-2023/) - Hello and Happy Friday! We hope you had great week and are finishing the week strong today. The SBA and Whitehouse announced that the current administration exceeded its small business goal with a record breaking $163 Billion in federal procurement opportunities. That's an $8.7 billion increase from the previous year, which is great news for
- [Webinar: CMS Reverse Industry Day, August 3, 2023, 10:00am EDT](https://smallgovcon.com/events/webinar-cms-reverse-industry-day-august-3-2023-1000am-edt/) - On behalf of CMS (Centers for Medicaid & Medicare Services), the National Contract Management Association (NCMA) and the Professional Services Council (PSC) will host a 90-minute virtual industry-led discussion, with our very own Nicole Pottroff as a presenter. The webinar will provide an in-depth look and interactive conversation regarding CMS procurement protests--the common factors and
- [DoD Revises its Other Transactions Guide](https://smallgovcon.com/statutes-and-regulations/dod-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
- [OHA: Ill-Defined Joint Venture Agreement and State Law Requirements Means JV was Invalid](https://smallgovcon.com/sbaohadecisions/oha-ill-defined-joint-venture-agreement-and-state-law-requirements-means-jv-was-invalid/) - As readers of SmallGovCon know, SBA interprets its small business joint venture rules very strictly. A small business joint venture must follow all of SBA's requirements down to the letter, or risk being found noncompliant. In a recent case, SBA's Office of Hearings and Appeals (OHA) examined how a joint venture was managed under the
- [Govology Webinar: An Introduction to Government Small Business Certifications (2023 Update) July 25, 2023, 1:00pm EDT](https://smallgovcon.com/events/govology-webinar-an-introduction-to-government-small-business-certifications-2023-update-july-25-2023-100pm-edt/) - Steven Koprince, Govology Legal Analyst and retired founder of Koprince McCall Pottroff (and all around cool dude) will be presenting this webinar providing a big-picture overview of small business certifications in the government marketplace. In this webinar, you will learn about various federal small business certification programs, including Small Business Self Certification, Small Disadvantaged Business
- [SmallGovCon Week in Review: July 10-14, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-10-14-2023/) - Happy Friday! Our SmallGovCon authors and attorneys were busy this week. Aside from our normal updates, Nicole Pottroff and John Holtz presented a 3-Part Series for Govology, this week, on compliant and effective teaming agreements, joint ventures and subcontracts. This is always a popular webinar and there was a lot of great information shared as
- [First OHA HUBZone Appeal Debuts on the Docket](https://smallgovcon.com/sbaohadecisions/first-oha-hubzone-appeal-debuts-on-the-docket/) - It's here--the first ever SBA Office of Hearings and Appeals (OHA) HUBZone appeal decision! Sure, it is a very short decision and a dismissal--in fact, one reiterating some of the limitations of the new appeal avenue. But that doesn't make it any less important. This is still SBA OHA's first ever HUBZone appeal decision, only
- [SBA Revisions to the "Two-Year Rule" for Joint Ventures: a Reminder to Read the Entire Rule](https://smallgovcon.com/statutes-and-regulations/sba-revisions-to-the-two-year-rule-for-joint-ventures-a-reminder-to-read-the-entire-rule/) - SBA recently revised its affiliation regulations in a number of ways, some of which we have already discussed here. We have likely sounded pretty upbeat about most of SBA's recent updates thus far, as the majority do seem to be a step in the right direction--adding clarity to SBA's rules and furthering the policies SBA
- [Clock Now Ticking on Federal Contractor TikTok Ban](https://smallgovcon.com/statutes-and-regulations/clock-now-ticking-on-federal-contractor-tiktok-ban/) - Federal contractors, be sure to ask your kids or a young person what TikTok is (if you don't already know), because those providing services to the federal government now have to take steps to ban it from employee's devices in certain situations. A recent FAR rule has now implemented Congress's ban on use of TikTok
- [SmallGovCon Week in Review: July 3-7, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-3-7-2023/) - Happy Friday! We hope you had a nice 4th of July and a great week. It was another scorcher here in Kansas, on the 4th, but thankfully our temperatures are much cooler to finish out the week. Here's hoping you can find time to rest and relax this weekend and perhaps, read a few articles
- [Size Standards Applicable to SBA's Socioeconomic Programs](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/size-standards-applicable-to-sbas-socioeconomic-programs/) - If you are an avid SmallGovCon reader and a small business government contractor, you are probably no stranger to at least the basics of SBA's size standards and its size and affiliation regulations (if not, check out some of our other blogs on the subject and keep an eye out for our upcoming new, second
- [The Thaw: Dealing with the End of the HUBZone Map Freeze](https://smallgovcon.com/hubzone-program/the-thaw-dealing-with-the-end-of-the-hubzone-map-freeze/) - Well, summer is certainly here. You only need to step outside to be able to tell. And with the arrival of summer, the long-awaited end to the HUBZone map freeze just occurred on June 30, 2023. The new map took effect the following day, July 1, 2023. If you’re in the HUBZone program, or are
- [SmallGovCon Featured on Legally Contented Podcast](https://smallgovcon.com/events/smallgovcon-featured-on-legally-contented-podcast/) - If you are in to podcasts, law firm blogs, or legal marketing, check out my appearance on the Legally Contented podcast with Wayne Pollock. Here is the YouTube version, and below are links to the audio podcast on your format of choice. In this podcast, we discuss how blogging can make attorneys better attorneys balancing
- [SmallGovCon Week in Review: June 26-30, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-26-30-2023/) - Happy Friday! We hope you have had a productive week. We are having a heat wave here in Kansas, with the heat index getting up to 106 degrees, and we know it's even higher in other parts of the country. I think I speak for everyone here when I say we are grateful for air
- [Recent NAICS Code Appeal Demonstrates Contractor Strategy to Limit Competition](https://smallgovcon.com/sbaohadecisions/recent-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
- [Govology Webinar: Compliant and Effective Teaming Agreements, Joint Ventures & Subcontracts – 3-Part Series (2023 Update)     July 11-13, 2023, 1:00pm EDT](https://smallgovcon.com/events/govology-webinar-compliant-and-effective-teaming-agreements-joint-ventures-subcontracts-3-part-series-2023-update-july-11-13-2023-100pm-edt/) - For large and small contractors alike, teaming agreements, joint venture agreements, and subcontracts can be essential to winning and successfully performing federal government contracts. In this three-part series, government contracts attorneys Nicole Pottroff and John Holtz will explain how to develop, negotiate and administer agreements that are both compliant and effective. The presentations will cover
- [Koprince McCall Pottroff LLC Announces Gregory Weber as Senior Associate Attorney!](https://smallgovcon.com/uncategorized/koprince-mccall-pottroff-llc-announces-gregory-weber-as-senior-associate-attorney/) - Koprince McCall Pottroff LLC is a premier small business and federal government contracts firm in Lawrence, Kansas. The management team is pleased to announce that Gregory Weber has been promoted to the role of Senior Associate Attorney. Greg quickly integrated himself into the fabric of our firm, and working with federal contractors has become second
- [GAO: Each JV Partner's Experience Must Be Considered](https://smallgovcon.com/gaobidprotests/gao-each-jv-partners-experience-must-be-considered/) - A common path for many federal contractors to bid on and perform a federal contract is through a joint venture ("JV"). Utilizing a JV can provide some great opportunities for two (or sometimes more) businesses to share resources and boost each others' performance on a contract. Additionally, it can be a great tool for contractors
- [Koprince McCall Pottroff LLC Names John Holtz New Senior Associate Attorney!](https://smallgovcon.com/events/koprince-mccall-pottroff-llc-names-john-holtz-new-senior-associate-attorney/) - Koprince McCall Pottroff LLC, a boutique federal government contracts firm in Lawrence, Kansas, is pleased to announce that John Holtz has been promoted to the role of Senior Associate Attorney. Since his time with the firm began, John has excelled at providing the highest quality service and counsel as a federal government contracting attorney. “I
- [Event: Ethics in Federal Government Contracting Webinar hosted by Govology, June 15, 1:00pm EDT](https://smallgovcon.com/events/event-ethics-in-federal-government-contracting-webinar-hosted-by-govology-june-15-100pm-edt/) - Uncle Sam only wants to do business with ethical contractors — and not all of the government’s ethics rules are intuitive. In this webinar, government contracts attorney, Nicole Pottroff, explains the ins and outs of the key ethics rules contractors should know, including organizational conflicts of interest, contingent fees, collusion, gratuities, the False Claims Act,
- [Back to Basics: Status Protests](https://smallgovcon.com/back-to-basics/back-to-basics-status-protests/) - In the world of Federal Government Contracting, it often feels like there are 20 different ways that your business or your business's awards can be protested. In addition to size protests and bid protests (at both GAO and the COFC), there is also what is commonly referred to as a "status protest." A status protest,
- [GAO Sustains Protest to GSA Strategic National Stockpile Acquisition Based on Agency's Failure to Conduct Meaningful Discussions](https://smallgovcon.com/gaobidprotests/gao-sustains-protest-to-gsa-strategic-national-stockpile-acquisition-based-on-agencys-failure-to-conduct-meaningful-discussions/) - GAO recently sustained a bid protest to a General Services Administration (GSA) acquisition for warehousing and deployment services at the strategic national stockpile--a literal "stockpile" of the nation's largest supply of critical pharmaceuticals, medical equipment and supplies, and emergency supplies. GSA issued this solicitation and conducted this acquisition on behalf of the Administration for Strategic
- [SmallGovCon Week in Review: May 29- June 2, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-29-june-2-2023/) - Happy Friday! We hope you had a great week and can take time to enjoy your weekend. We've been receiving a lot of rain here in the Midwest lately. The rain gauge was completely full and topped out at 4 1/2" in a 12 hour span of time, this past week. Everything outside is looking
- [Law to Create One Stop Shop for Small Businesses Questions](https://smallgovcon.com/statutes-and-regulations/law-to-create-one-stop-shop-for-small-businesses-questions/) - In late 2022, Congress passed and the President signed a law that aims to make it easier for Small Business Contractors to track down small business compliance information for the wide range of agencies involved in government contracting, that are currently housed somewhere within each specific agency's website. In this post, SmallGovCon reviews this law,
- [Event: Limitations on Subcontracting and the Nonmanufacturer Rule Webinar hosted by Texas  El Paso APEX Accelerators, June 6, 10:00-11:30am MDT](https://smallgovcon.com/events/event-limitations-on-subcontracting-and-the-nonmanufacturing-rule-webinar-hosted-by-texas-el-paso-apex-accelerators-june-6-1000-1130am-mdt/) - For small businesses and their teammates, few topics in government contracting are as confusing as the limitations on subcontracting for set-aside and socioeconomic sole source contracts. And if that isn’t stressful enough, the “LoS” is an area of heavy enforcement: get it wrong, and a contractor can face major penalties. The nonmanufacturer rule is another
- [SmallGovCon Week in Review: May 22-26, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-22-26-2023/) - Happy Friday and we hope you are looking forward to a nice, long weekend. Monday, May 29 is Memorial Day and an official federal holiday, but do you know when and why it was established? If not, here's a brief history lesson. After the Civil war, in late 1860s, Americans in various towns and cities
- [OASIS+ Small Business: A Preview](https://smallgovcon.com/federal-government-contracting/oasis-small-business-a-preview/) - GSA has produced a number of successful contract vehicles over the years, one of which was the One Acquisition Solution for Integrated Solution or “OASIS.” This vehicle, used to acquire professional services (not including information technology) for the government, was so successful that GSA is in the process of preparing its sequel, OASIS+. On March
- [SmallGovCon Week in Review: May 15-19, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-15-19-2023/) - It's Friday, once again, and time for another week in review. We hope you had a great week. This week in federal government contracting news there were several articles on the VA electronic health records contract, the debt talks, as well as plenty of examples of why one should never try to pull one over
- [Back to Basics: Calculating Small Business Size](https://smallgovcon.com/back-to-basics/back-to-basics-calculating-small-business-size/) - Most contractors, when starting their journey into the world of federal contracting eventually run into the same question: What size is my business? In the world of federal contracting, the size of your business can determine whether you can bid on certain procurements, participate in certain programs, and more. Miscalculating or misrepresenting your business size
- [SmallGovCon Week in Review: May 8-12, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-8-12-2023/) - Happy Friday, Readers! The second week of May brought with it some rainy weather in the midwest. It's difficult to stay ahead of getting the grass mowed when the grass is growing so quickly. Everything looks very lush and green here and the spring flowers are very colorful, as well. Only a few more weeks
- [SBA New Rule: Guidelines for Compliance with Limitations on Subcontracting in 13 C.F.R. 125.6](https://smallgovcon.com/statutes-and-regulations/sba-new-rule-guidelines-for-compliance-with-limitations-on-subcontracting-in-13-c-f-r-125-6/) - 13 C.F.R. § 125.6 sets out the limitations on subcontracting for all small business set-asides (including 8(a), SDVOSB/VOSB, HUBzone, and WOSB/EDWOSB set asides.) These limitations on subcontracting are crucial for any small business federal contractor to be familiar with, and we have discussed how they work here. But, while the regulation does provide for certain
- [SmallGovCon Week in Review: May 1-5, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-1-5-2023/) - Happy Friday and happy May! I don't know about you, but it sure seems like the pace picks up in the spring, as the weather gets warmer. The kids are getting ready for the summer break, there are graduations and weddings to attend and of course, it's time to start mowing the lawn and preparing
- [New Defenses to the Ostensible Subcontractor Rule are Coming](https://smallgovcon.com/statutes-and-regulations/new-defenses-to-the-ostensible-subcontractor-rule-are-coming/) - You may have noticed that SBA issued a final rule last week that created sweeping changes to the SBA's 8(a) Program regulations, but along with that, SBA made sure to slip in a change to the ostensible subcontractor rule that has been a sticking point for many contractors when facing affiliation concerns. With this final
- [SmallGovCon Week in Review: April 24-28, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-24-28-2023/) - It's Friday, Readers! Hope everyone is ready for the weekend. The NFL Draft is right down the road in Kansas City this weekend and if you're an NFL fan (as is almost required in Kansas City), I'm sure you are anxiously awaiting to see if your favorite players will be selected. What better way to
- [GAO Upholds Low Agency Bar to Waive OCI](https://smallgovcon.com/gaobidprotests/gao-upholds-low-agency-bar-to-waive-oci/) - The FAR requires offerors, in most situations, to disclose any actual or potential organizational conflicts of interest (OCI) that exist when submitting an offer or proposal in response to a solicitation. While it is rare that an offeror will be excluded from competition solely due to the existence or potential of an OCI, offerors who
- [5 Things You Should Know: Size Protests and Appeals](https://smallgovcon.com/five-things/size-protests-and-appeals/) - See our updated post on this topic here. Koprince Law recently gave a presentation on small business size and affiliation issues the Contract Opportunities Center. This presentation got us thinking: “Wouldn’t our loyal SmallGovCon readers want to know 5 Things about size protests and appeals?” “Of course they would!” we immediately answered our own internal
- [SmallGovCon Week in Review: April 17-21, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-17-21-2023/) - Yet another beautiful Spring Friday for us at SmallGovCon! And you guessed it, it's time for your week in review. As the flowers continue to blossom all around us, so do the partnerships between agencies (such as GSA and DHA). And as allergies are reaching an all-time high for many, so too is the government's
- [Back to Basics: GAO's Protest Timeliness Rules](https://smallgovcon.com/gaobidprotests/back-to-basics-gaos-protest-timeliness-rules/) - Here in Kansas, it is certainly starting to feel like thunderstorm season--and one of my favorite seasons, I might add. But over in D.C., some may say it is starting to feel like protest season! That said, anyone familiar with the protest process at D.C.'s Government Accountability Office (GAO) is probably also quite familiar with
- [GAO: Agency Can't Combine Evaluation Factors After the Fact](https://smallgovcon.com/gaobidprotests/gao-agency-cant-combine-evaluation-factors-after-the-fact/) - Typically, agencies will provide a handful of evaluation factors, sometime more, in a solicitation. Common evaluation factors are technical, past performance, and cost. A recent protest decision looked at a solicitation that contained separate factors for 1) offeror’s technical capability and 2) staffing and management approach. The question was, can an agency combine its evaluation
- [Govology Webinar: Still A Game Changer: The SBA Mentor-Protégé Program (2023 Update), April 27, 2023, 1:00pm EDT](https://smallgovcon.com/events/govology-webinar-still-a-game-changer-the-sba-mentor-protege-program-2023-update-april-27-2023-100pm-edt/) - I hope you will join Nicole Pottroff and I as we discuss the benefits of the SBA's Mentor-Protégé Program. We will be covering the program's eligibility requirements, application process, options such as forming a special Mentor-Protégé Joint Venture and much more. Hope to see you there! Register here.
- [SmallGovCon Week in Review: April 10-14, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-10-14-2023/) - Happy Friday, Readers! Time for your week in review. The spring trees are in full bloom here in Lawrence, Kansas this week and they couldn't be more beautiful! Other than allergy sufferers, we certainly are enjoying the beauty of spring and hope you are as well. The federal government contracting world is also very active
- [MyGovWatch Live: The B2G Roundtable Event: April 19, 2023, 1:00pm EDT](https://smallgovcon.com/events/mygovwatch-live-the-b2g-roundtable-event-april-19-2023-100pm-edt/) - Please consider joining me as I participate in a round table discussion with several APEX Accelerator (formerly PTAC) procurement specialists, hosted by Nick Bernardo, President & Founder of mygovwatch.com. We will be discussing resources available for federal government contractors and answering questions that you may have regarding federal government contracting matters. Please join us for
- [Buy American? Agencies Must Carefully Document Market Research for Domestic Preference Compliance, says GAO](https://smallgovcon.com/gaobidprotests/buy-american-agencies-must-carefully-document-market-research-for-domestic-preference-compliance-says-gao/) - A recent GAO case on protest costs looked at whether costs were reimbursable centered around whether a Buy American Act waiver was properly applied in the procurement process. As you likely know, the Buy American Act is something many contractors (especially supply and construction contractors) must deal with in their contracting process, and getting a
- [Breaking: HUBZone Appeals Coming Soon!](https://smallgovcon.com/hubzone-program/breaking-hubzone-appeals-coming-soon/) - SBA has released its proposed rule allowing for HUBZone appeals to go to the Office of Hearings and Appeals. Below are the key items from this proposed rule, and how it will affect potential and current HUBZone companies. SBA issued the final rule on April 10 and it will become effective on May 10. As
- [SmallGovCon Week in Review: April 3-7, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-3-7-2023/) - Happy Friday, Readers. We hope you have had a great week. It's a beautiful day in Lawrence, Kansas and it should be a great weekend for Easter egg hunting if you are so inclined. We hope you can spend time with family and friends this weekend and enjoy the spring weather. There were some important
- [Technically Unacceptable Offeror Cannot Protest Awardee's Size, Says OHA](https://smallgovcon.com/sbaohadecisions/technically-unacceptable-offeror-cannot-protest-awardees-size-says-oha/) - In a recent size determination appeal, OHA confirmed that an offeror found technically unacceptable does not have standing to protest an awardee's size under SBA's regulations. As such, OHA denied the appeal and affirmed the Area Office's size determination dismissing the size protest on such grounds. Ekagra Partners, LLC, SBA No. SIZ-6189, 2023 (Feb. 3,
- [Foreign Ties: SBA Publishes Notice of SBIR and STTR Program Policy Directives Update](https://smallgovcon.com/statutes-and-regulations/sba-publishes-notice-of-sbir-and-sttr-program-policy-directives-update/) - The Small Business Administration recently published a notice of an amendment to the Policy Directives for the Small Business Innovation Research (SBIR) Program and the Small Business Technology Transfer (STTR) Program on April 3, 2023. The intent of the amendment is to incorporate a template that federal agencies may use to request information from SBIR
- [SmallGovCon Week in Review: March 27-31, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-27-31-2023/) - Happy Friday, Readers! We hope you have had a productive week and are finishing out the month of March strong. There was, of course, lots of activity in the federal government contracting world this week including more buzz around federal cybersecurity issues and the SBA announced that they will be hosting a virtual summit for
- [The Dog Ate my Addendum: Don't Neglect your Joint Venture Addendum, says OHA](https://smallgovcon.com/sbaohadecisions/the-dog-ate-my-addendum-dont-neglect-your-joint-venture-addendum-says-oha/) - Spring is upon us, and for many of us, it evokes thoughts of friendly weather, and new life. In the world of federal contracting, new life is often seen through the forming of new joint ventures. As most contractors and readers of this blog know, there are many requirements placed on a joint venture that
- [Nicole Pottroff Weighs in on Bias in the Procurement World in Forbes Article](https://smallgovcon.com/gaobidprotests/nicole-pottroff-weighs-in-on-bias-in-the-procurement-world-in-forbes-article/) - Tuesday, March 29, Forbes.com published a fascinating article written by Dr. Gleb Tsipursky entitled, Prevent Costly Procurement Disasters: 6 Science-Backed Techniques For Bias-Free Decision Making. In the article, I weigh in on the subject of bias in the bid selection process for federal procurements. I discuss some of the ways the ever-developing science behind implicit
- [FAR Update Clarifies SAM Registration Deadline](https://smallgovcon.com/statutes-and-regulations/sam-registration-deadline/) - In last week’s edition of the SmallGovCon Week In Review, we referenced a FAR update that has important ramifications for prospective small business government contractors. This rule is potentially important enough that we figured it deserved its own stand-alone SmallGovCon post. So what’s so important about this new rule? In a nutshell, it clarifies that offerors must be registered in SAM at the time of bid submission to be considered for an award.
- [The HUBZone 35% Residency Requirement in Between Certifications](https://smallgovcon.com/hubzone-program/the-hubzone-35-residency-requirement-in-between-certifications/) - It is well established that, in order to be eligible for HUBZone certification or recertification, one of the requirements is that 35% of a company’s employees must reside in a HUBZone. That part is (relatively) straightforward. But, as we all know, employees might come and go at any time. This raises a few questions about
- [SmallGovCon Week in Review: March 20-24, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-20-24-2023/) - Happy Spring, Readers! I don't know about you but I'm looking forward to warmer temperatures and a lot more sunshine in the coming months. We have had a lot of grey, gloomy weather here in Kansas lately and I feel that we are all ready for some fun, outside activities. Spring is a great time
- [GAO Sustains Protest Based on Faulty Past Performance Evaluation](https://smallgovcon.com/gaobidprotests/gao-sustains-protest-based-on-faulty-past-performance-evaluation/) - Past performance is a key part of most government proposal evaluations. Generally, a federal agency gets a lot of discretion in evaluating past performance. But that discretion is not without limits. In a recent decision, GAO sustained a protest where the agency failed to properly evaluate past performance examples for being similar in size. In
- [Third Time's the Charm: Protest Sustained by COFC Due to Failure to Conduct Discussions and Flawed Price Reasonableness Evaluation](https://smallgovcon.com/u-s-court-of-federal-claims/third-times-the-charm-protest-sustained-by-cofc-due-to-failure-to-conduct-discussions-and-flawed-price-reasonableness-evaluation/) - Proving that an agency acted improperly in its source selection process can be a difficult task for any protester. In theory, for a best value tradeoff decision, the agency’s decision and the process to come to that decision seems easy: the agency does a tradeoff between cost and non-cost factors, and that which is most
- [SmallGovCon Week in Review: March 13-16, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-13-16-2023/) - Happy St. Patrick's Day! Historical reports say the Irish have been celebrating St. Patrick's Day for over 1,000 years. They would feast on the traditional meal of Irish bacon and cabbage--not quite sure when the green beer was added into the festivities! The first St. Patrick’s Day parade took place not in Ireland but in
- [Back to Basics: Debriefings](https://smallgovcon.com/gaobidprotests/back-to-basics-debriefings/) - Debriefings are a crucial part of the complicated world of bidding on Government contracts. They can provide wonderful insight to contractors on where they can improve, where their proposals were strong, and in cases, may provide information that could indicate to a contractor that a bid protest may be warranted. Therefore, it is vitally important
- [Back to Basics: Teaming Agreements](https://smallgovcon.com/back-to-basics/back-to-basics-teaming-agreements/) - Teaming agreements are a great tool for establishing the prime-subcontractor relationship to jointly pursue government contracts. They can protect the parties' rights, set performance expectations, demonstrate regulatory compliance, and reduce the likelihood of disputes down the line. But no matter how common teaming agreements have become, many still find them to be a bit of
- [SmallGovCon Week in Review: March 6-10, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-6-10-2023/) - Happy Friday Readers! If you are a college basketball fan, then I'm sure you are as excited about March Madness as we are here at SmallGovCon. With so many really great teams competing for that national championship trophy, it's sure to be an exciting tournament. Before you move your attention to basketball, let's take a
- [SBA Turns Spotlight on its Size and Status Protest Process](https://smallgovcon.com/sba-size-protests/sba-turns-spotlight-on-its-size-and-status-protest-process/) - The Small Business Administration's (SBA) Office of Inspector General (OIG) recently took a look at SBA’s recent small business size and status protests to determine “whether the SBA had effective controls in place to (1) ensure protest decisions were properly enforced and to (2) monitor the protest process.” Overall, the OIG had positive things to
- [Five Things You Should Know: Past Performance of Subcontractors, Joint Venture Partners, and Affiliates](https://smallgovcon.com/statutes-and-regulations/five-things-you-should-know-past-performance-of-subcontractors-joint-venture-partners-and-affiliates/) - The government's hard shift away from lowest-price, technically acceptable evaluations has magnified the importance of past performance in many competitive acquisitions. For start-ups and other companies new to the federal marketplace, past performance requirements can present a significant barrier to success. Oftentimes, companies with little or no past performance of their own can offer the
- [Govology Webinar: Understanding & Obtaining HUBZone Certification (2023 Update), March 21, 2023, 1:00PM EDT](https://smallgovcon.com/events/govology-webinar-understanding-obtaining-hubzone-certification-2023-update-march-21-2023-100pm-edt/) - The SBA revamped its HUBZone rules in the last few years, making several changes to the HUBZone program. However, we continue to see updates to how SBA interprets these rules as it puts out policy guidance frequently. In this webinar, government contracts attorneys Nicole Pottroff and John Holtz will discuss these changes and SBA’s related
- [SmallGovCon Week in Review: February 27-March 3, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-27-march-3-2023/) - Happy Friday and Happy March Madness. The country sure has been getting some wacky weather this week as spring is set to arrive soon. Here in Kansas, we are starting to see the first green sprouts emerging from the ground and everyone is getting really excited about the NCAA basketball tournament. Time to prepare your
- [GAO Sustain: Agency Failed to Document Prior Experience Evaluation](https://smallgovcon.com/gaobidprotests/gao-sustain-agency-failed-to-document-prior-experience-evaluation/) - Source selection decisions are often a point of contention for federal government contractors, and rightfully so. Contractors spend large amounts of time and resources putting together a bid in a competition that likely doesn’t have room to make an award to each bidder. This usually results in one or more awardees, as well as one
- [Showing Your Work: Protest of Evaluation Sustained for Lack of Explanation by Agency](https://smallgovcon.com/gaobidprotests/showing-your-work-protest-of-evaluation-sustained-for-lack-of-explanation-by-agency/) - We at SmallGovCon have explored some examples of protests where an unfortunate oversight by a contractor has been the difference between winning and losing. This, of course, can be very frustrating to contractors, especially considering that federal agencies often get leeway where contractors wouldn’t. But federal agencies, too, make mistakes, and even simple ones can
- [Free Virtual Workshop: Legislative Changes that May Affect Your Small GovCon Business, February 28, 3:00-5:00PM CST](https://smallgovcon.com/events/free-virtual-workshop-legislative-changes-that-may-affect-your-small-govcon-business-february-28-300-500pm-cst/) - The government contracting legal landscape has gone through many important changes in 2022 and the first part of 2023, including new small business rules, SDVOSB certification requirements, recent domestic preference changes under the Buy American Act, key provisions of the 2023 National Defense Authorization Act and other laws passed in 2022, and much more. In
- [SmallGovCon Week in Review: February 20-24, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-20-24-2023/) - Happy Friday, Readers! Can you believe that February is almost over? I guess that means we are one month closer to Spring. Stay safe if you are in the areas of the country getting pounded by more snowfall. In the middle of the country, the thermometer has been going up and down so much on
- [SBA Says Goodbye to Reasonable Commute Rule for SDVOSBs](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/sba-says-goodbye-to-reasonable-commute-rule-for-sdvosbs/) - SBA, without much commentary, recently removed the so-called reasonable commute requirement for service-disabled veterans (SDV) who owned or managed service-disabled veteran-owned small businesses (SDVOSB). This rule used to require that veterans live near the principal office or job site, but it sometimes caused issues for SDVOSBs because of how restrictive it could be. Thankfully, SBA
- [SBA Final Rule Updates Employee-Based Size Standards, but not for Nonmanufacturer Rule](https://smallgovcon.com/statutes-and-regulations/sba-issues-final-rule-updating-multiple-employee-based-size-standards-and-retaining-employee-based-standard-for-nonmanufacturer-rule/) - This month, SBA issued a final rule updating its size standards for multiple NAICS codes in the manufacturing industries and industries with employee-based size standards in other sectors (except wholesale trade and retail trade). As the final rule explains in great detail, SBA increased some of the NAICS code's size standards and retained others. Additionally,
- [Final FAR Amendment Encourages Procuring Agencies to Engage with Industry](https://smallgovcon.com/statutes-and-regulations/final-far-amendment-encourages-procuring-agencies-to-engage-with-industry/) - DoD, GSA, and NASA are issuing a final rule that amends the Federal Acquisition Regulations (FAR), effectively implementing a provision of the 2016 National Defense Authorization Act. The rule permits and encourages agency acquisition personnel to engage in responsible and constructive exchanges with the industry, provided that such exchanges remain consistent with the applicable law
- [Webinar Event: Regulatory Updates in Government Contracting, February 23, 10:00-11:30am MST](https://smallgovcon.com/events/webinar-event-regulatory-updates-in-government-contracting-february-23-1000-1130am-mst/) - The government contracting legal landscape has gone through many important changes in 2022 and the first part of 2023, including new small business rules, SDVOSB certification requirements, recent domestic preference changes under the Buy American Act, key provisions of the 2023 National Defense Authorization Act and other laws passed in 2022, and much more. In
- [UTSA Apex Accelerator Webinar: Government Contracts Legal Update 2023, February 21, 2023, 10:00-11:30am CST](https://smallgovcon.com/events/utsa-apex-accelerator-webinar-government-contracts-legal-update-2023-february-21-2023-1000-1130am-cst/) - The government contracting legal landscape has gone through many important changes in 2022 and the first part of 2023, including new small business rules, SDVOSB certification requirements, recent domestic preference changes under the Buy American Act, and much more. In this session we will provide a comprehensive update on the most important government contracting legal
- [SmallGovCon Week in Review: February 13-17, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-13-17-2023/) - Happy Friday and happy belated Valentine's Day. We hope you had a great week and found some time to celebrate with your loved ones. We have certainly been in celebration mode with the Kansas City Chiefs winning the Super Bowl on Sunday. What an exciting game and what a great season! There was a lot
- [DoD to Utilize Category Management for Procurements, But this time to Increase Small Business Contracts](https://smallgovcon.com/federal-government-contracting/dod-to-utilize-category-management-for-procurements-but-this-time-to-increase-small-business-contracts/) - Last month, the Department of Defense (DoD), released a memorandum to its contracting specialists asking them to utilize the popular but controversial category management tactics to attempt to increase small business participation in DoD procurements. Some have said that category management tends to decrease small business spend by, for instance, pushing procurement to larger contracting
- [5 Things You Should Know: SBA’s 8(a) Business Development Program (The Basics)](https://smallgovcon.com/8a-program/8a_basics/) - SBA 8(a) Business Development Program eligibility and benefits summary by government contracts attorney Matt Schoonover of Koprince Law LLC.
- [5 Things You Should Know: Affiliation](https://smallgovcon.com/five-things/affiliation/) - Affiliation can turn your small business into a large one, and cause you to lose a contract award. Here are five things to know about affiliation.
- [5 Things You Should Know: 8(a) Program Eligibility](https://smallgovcon.com/five-things/8a_eligibility/) - This post discusses the 8(a) Program eligibility requirements, including social disadvantage, economic disadvantage, and others.
- [5 Things You Should Know: The Nonmanufacturer Rule](https://smallgovcon.com/five-things/nonmanufacturer-rule/) - Government contracts attorney Matthew Schoonover discusses 5 Things to Know about complying with the SBA's nonmanufacturer rule
- [5 Things You Should Know: Joint Ventures](https://smallgovcon.com/five-things/5-things-joint-ventures/) - Government contracts attorney Matthew Schoonover discusses small business joint ventures
- [5 Things You Should Know: Pre-Award Bid Protests](https://smallgovcon.com/five-things/5-things-pre-award-bid-protests/) - Government contracts attorney Matthew Schoonover discusses pre-award bid protests.
- [5 Things You Should Know: All Small Mentor-Protege Program](https://smallgovcon.com/five-things/asmpp/) - SBA's All Small Mentor-Protege Program is a great business assistance tool. Here are five things you should know about the SBA All Small Mentor-Protege Program.
- [5 Things You Should Know: SDVOSBs and VOSBs](https://smallgovcon.com/five-things/sdvosbs-and-vosbs/) - If you've served your country, verifying as an SDVOSB or VOSB may help you earn more government contracts.
- [Five Things You Should Know: Registering in SAM.gov](https://smallgovcon.com/five-things/five-things-you-should-know-registering-in-sam-gov/) - Everyone involved with government contracting knows, or should know, a little bit about registration in SAM.gov. Registration is, of course, required for ALL federal contractors. This blog post is intended to provide you with 5 things you should know about registering in SAM.gov.
- [New Report Unveils Magnitude of Fraud in SBA COVID-19 Relief Programs](https://smallgovcon.com/covid-19/new-report-unveils-magnitude-of-fraud-in-sba-covid-19-relief-programs/) - Whether we want to or not, the country will continue to feel the effects of the COVID-19 pandemic for years to come in a multitude of ways. Many actions were taken by the government in the early days to help United States’ citizens through the largely unprecedented times, particularly to help support small businesses. As
- [SmallGovCon Week in Review: February 6-10, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-6-10-2023/) - Happy Friday, Readers! We hope you had a great week and are looking forward to a fun Super Bowl Sunday. If you aren't a Chiefs or Eagles fan, there's always the food and halftime show to look forward to! Enjoy the weekend. This week in federal government contracting saw an interesting perspective on contracting law
- [Back to Basics: Registering in SAM.gov](https://smallgovcon.com/federal-government-contracting/back-to-basics-registering-in-sam-gov/) - SAM.gov, short for System for Award Management, is the entry point for federal contractors to interface with the government. So, it is a basic starting point for every federal contractor. But your SAM.gov profile also needs to stay up to date and be up to date at time of bid submission, and failure to keep
- [Week in Review: Oct. 31-Nov 4, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/week-in-review-oct-31-nov-4-2022/) - Happy Friday, Readers and Happy November! I'm excited to be attending the APTAC Conference in Washington DC next week. It should be a great week to chat with PTAC procurement specialists from around the country. If you are attending, please stop by our table and say hello. We've included some articles below on the happenings
- [Govology Webinar: Eligibility Criteria and New Rules for SBA Veterans Certification Program, February 21, 1:00pm EST](https://smallgovcon.com/events/govology-webinar-eligibility-criteria-and-new-rules-for-sba-veterans-certification-program-february-21-100pm-est/) - The SBA took over certification of service-disabled veteran-owned small businesses and veteran-owned small businesses on January 1, 2023. Soon, all companies will require an SBA certification to qualify as an SDVOSB or VOSB. In this course, Govology Faculty Instructor, Legal Analyst & retired founder of Koprince McCall Pottroff LLC, Steven Koprince offers a plain-English look
- [SmallGovCon Week in Review: January 30- February 3, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-30-february-3-2023/) - Happy Friday, Readers! Hope you have been having a great week and a great start to February! Around these parts, we're getting geared up for another exciting Super Bowl with our hometown Chiefs and the anticipation is building. We hope you had a great week and our looking forward to a very nice weekend. We
- [Govology Webinar: Limitations on Subcontracting: A Step-by-Step Compliance Guide (2023 Update), February 16, 1:00PM EST](https://smallgovcon.com/events/govology-webinar-limitations-on-subcontracting-a-step-by-step-compliance-guide-2023-update-february-16-100pm-est/) - For small businesses and their teammates, few government contracting topics are as confusing as the limitations on subcontracting (LoS) for set-aside and socioeconomic sole-source contracts. And if that isn’t stressful enough, the “LoS” is an area of heavy enforcement: get it wrong, and a contractor can face major penalties. In this webinar, John Holtz and
- [A Very Joyful Announcement from Koprince McCall Pottroff LLC!](https://smallgovcon.com/uncategorized/a-very-joyful-announcement-from-koprince-mccall-pottroff-llc-2/) - We are excited to announce that Gregory Weber and his wife, Melissa, along with big brother Isaac, have a new family member! Gabriel Weber was born on January 17, 2023, weighing 7lbs. 13 oz. Everyone is doing well. Congratulations Weber family!
- [Back to Basics: Get in the Zone, The HUBZone](https://smallgovcon.com/hubzone-program/back-to-basics-get-in-the-zone-the-hubzone/) - The SBA’s HUBZone Program, short for “Historically Underutilized Business Zone,” is likely the SBA program that we hear the least about. Tucked away in Title 13, Section 126 of the U.S. Code of Federal Regulations, the HUBZone Program gives HUBZone participants benefits in multiple federal government contracting situations in an effort to revitalize historically underutilized
- [Failure to Send: Protester Loses Size Determination Due to Lack of Response on Tax Returns](https://smallgovcon.com/sba-size-protests/failure-to-send-protester-loses-size-determination-due-to-lack-of-response-on-tax-returns/) - In federal procurement law, it is often the case that decisions on protests and other cases come down to tough questions of law that could go either way, requiring the judge to carefully weigh the reasons for making ruling one way or another. Unfortunately, there are also cases where the decision can rest entirely on
- [SmallGovCon Week in Review: January 23-27, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-23-27-2023/) - Happy Friday, Readers. The Kansas City Chiefs secured another win on Saturday and have moved forward into the AFC Championship game. I think everyone in town had on their Chiefs gear last weekend. It was a sea of red. With temperatures predicted to be in the 20's on Sunday, it will be a cold one
- [Congressional Research Service Report Discusses Emergency-Related Acquisition Flexibilities, the Good, the Bad, and the Ugly](https://smallgovcon.com/reports/congressional-research-service-report-discusses-emergency-related-acquisition-flexibilities-the-good-the-bad-and-the-ugly/) - This Congressional report, issued December 27, 2022, provides a "discussion of acquisition flexibilities federal agencies may use to facilitate the government’s response to and recovery from disasters and emergencies." The report explains the various types of flexibilities and some of the pros and cons of each. And it concludes by identifying several significant issues related
- [Back to Basics: Top Five Things About SDVOSBs and VOSBs](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/back-to-basics-top-five-things-about-sdvosbs-and-vosbs/) - You’ve served your country with pride. Now, as a government contractor, it’s only fair that you get your piece of the pie. Previously, we here at SmallGovCon have discussed the 5 things you should know regarding SDVOSBs and VOSBs. But in the years since that, much has changed in the world of SDVOSBs and VOSBs.
- [SmallGovCon Week in Review: January 16-20, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-16-20-2023/) - Happy Friday Readers. We hope you all have had a great week. We are enjoying some milder winter weather here in Kansas and received some much-needed rain. We still have a bit to go before spring, so hopefully we will get a little snow still this winter. Enjoy the weekend and we also hope you
- [Year in Review: Top SmallGovCon Posts of 2022](https://smallgovcon.com/federal-government-contracting/year-in-review-top-smallgovcon-posts-of-2022/) - Happy New Year, Readers! Hope everyone is off to a great start in 2023. As we have done in the past, we want to take a step back and revisit those blog posts from 2022 that were the most popular. Below, we summarize the blogs written in 2022 that were the most popular as well
- [SmallGovCon Week in Review: January 9-13, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-9-13-2023/) - Happy Friday, Readers! Now that the holidays are over, we are really enjoying the NFL Playoffs and rooting for our Kansas City Chiefs. There's never a dull moment when Patrick Mahomes is on the field! Our fingers are crossed that the team can get to another Super Bowl. There was a lot of activity in
- [Webinar Event: Buy American Act & Trade Agreements, January 19, 2023, 1-2:00 PM CST](https://smallgovcon.com/events/webinar-event-buy-american-act-trade-agreements-january-19-2023-1-200-pm-cst/) - The Texas South-West Small Business Development Center (SBDC) Network is hosting this upcoming, informative webinar on the Buy American Act, presented by me and John Holtz. The Buy American Act permits agencies to buy foreign end products only under certain exceptions, such as when domestic items are not available at a reasonable cost. Further, U.S. trade
- [GAO: Misrepresentation on Key Person Availability Sinks Proposal](https://smallgovcon.com/gaobidprotests/gao-misrepresentation-on-key-person-availability-sinks-proposal/) - Agencies rely on the representations made by offerors in their proposals to determine how capable each offeror is. In many cases, key personnel are so vital to an offeror’s chance of success that any change to the key personnel must be approved by the agency prior to such a change taking place. Logic follows that
- [SmallGovCon Week in Review: January 2-6, 2023](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-2-6-2023/) - Happy New Year! We hope you were able to enjoy the holidays with friends and family and are now ready to jump into 2023. A recent cold front has moved out of our area, and I think I speak for everyone here when I say we are grateful to get back to our normal temperatures.
- [SBA: NAICS Code Must Match the Work Sought, not the Offeror's Work](https://smallgovcon.com/sbaohadecisions/sba-naics-code-must-match-the-work-sought-not-the-offerors-work/) - We here at SmallGovCon like to spend our free time pondering the intricacies around how and why certain NAICS codes are assigned to the myriad of contracting opportunities posted every day. But we realize others may not have the same appetite for the intricacies of Federal Contracting as us. Luckily, the SBA's Office of Hearings
- [SmallGovCon Week in Review: December 26-30, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-december-26-30-2022/) - Happy Friday Readers! It's time to say goodbye to 2022 and make plans for the new year. We hope 2022 has been a good year for you. We are looking forward to providing valuable insights for federal contractors in 2023 and we appreciate your continued support of SmallGovCon. This week saw important updates regarding both
- [SBA to Small Businesses: Be Careful with Ostensible Subcontractors on SBIR Awards](https://smallgovcon.com/sbaohadecisions/sba-to-small-businesses-be-careful-with-ostensible-subcontractors-on-sbir-awards/) - In a recent decision, the Small Business Administration (SBA) Office of Hearings and Appeals (OHA) examined a company that received two Small Business Innovation Research (SBIR) grant awards. The SBA Area Office had determined that the awardee was not an eligible small business due to ostensible subcontractor affiliation and other reasons. This decision is an
- [Happy Holidays from Koprince McCall Pottroff LLC!](https://smallgovcon.com/uncategorized/happy-holidays-from-koprince-mccall-pottroff-llc/) - We'd like to take this opportunity to wish our readers a very happy holiday season! We appreciate you and we will keep striving, in 2023, to provide useful updates and information to the federal government contracting community. Season's greetings!
- [Help on the Way? Proposed National Defense Authorization Act for 2023 Grants DoD Discretion to Allow Inflation Relief for DoD Contractors](https://smallgovcon.com/statutes-and-regulations/help-on-the-way-proposed-national-defense-authorization-act-for-2023-grants-dod-discretion-to-allow-inflation-relief-for-dod-contractors/) - The annual National Defense Authorization Act (NDAA), in essence Congress’ annual budget for the Department of Defense (DoD), commonly includes various riders and attachments that amend or create other federal laws. For example, the 2022 NDAA (finally) gave SBA’s Office of Hearings and Appeals the authority to hear appeals of HUBZone protests (something SBA just
- [SmallGovCon Week in Review: December 12-16, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-december-12-16-2022/) - Happy Friday, Readers. We hope you have had a great week and are excited about the holiday season. There's only one more weekend to get that shopping done! No matter how prepared I think I am, it seems there is always something that sneaks up at the last minute. We do hope you find time
- [Breaking: SBA Proposed Rule Gives OHA Jurisdiction over HUBZone Status Protests](https://smallgovcon.com/hubzone-program/breaking-sba-proposed-rule-gives-oha-jurisdiction-over-hubzone-status-protests/) - The Small Business Administration (SBA) has proposed to amend the rules of practice for its Office of Hearings and Appeals (OHA) and the Historically Underutilized Business Zone (HUBZone) Program to “implement procedures authorizing appeals to OHA” from adverse status determination protests for certified HUBZone small business concerns. Currently, HUBZone status protest determinations are decided by
- [Goodbye PTAC, Hello APEX Accelerators](https://smallgovcon.com/ptac-spotlight/goodbye-ptac-hello-apex-accelerators/) - The Department of Defense (DOD) and the Small Business Administration (SBA) signed a memorandum of understanding (MOU) on Friday, December 2, 2022, in a bid to strengthen and expand small business development nationally. The most obvious immediate change is that the more than 90 Procurement Technical Assistance Centers (PTAC) will be renamed APEX Accelerators, and
- [SmallGovCon Week in Review: December 5-9, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/__trashed/) - Happy Friday, Readers. We hope you have a great week and are finishing the year strong. There were several announcements in federal government contracting this week. The SBA issued a statement regarding the recent announcement by the Department of Defense (DoD) on the creation of the Office of Strategic Capital (OSC) as well as releasing
- [Webinar Event: December 15, 2022 at 2:00pm MST: The Do's & Don'ts of Federal Contracting](https://smallgovcon.com/events/webinar-event-december-15-2022-at-200pm-mst-the-dos-donts-of-federal-contracting/) - Federal contracting rules and laws are complicated, and the rules aren’t always intuitive. Many contractors make legal mistakes routinely, involving everything from completing SAM profiles to calculating small business size to communicating with government contracting officers. I invite you to join Greg Weber and myself as we discuss the Top 21 Most Common Legal Mistakes
- [Agencies Do Not Have Unlimited Discretion to Cancel Solicitations, Says the COFC](https://smallgovcon.com/statutes-and-regulations/agencies-do-not-have-unlimited-discretion-to-cancel-solicitations-says-the-cofc/) - In its recent decision, the Court of Federal Claims decided whether and when an agency can cancel a FAR part 15 procurement and start from scratch. Agencies have historically been afforded extremely broad discretion in cancelling solicitations. But in this case, the court agreed with the protester that cancellation was wrongful. It also laid out
- [SBA Provides Answers on Vets Certification Program Roll-Out in Q&A Session](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/sba-provides-answers-on-vets-certification-program-roll-out-in-qa-session/) - On December 6, 2022, the SBA held a virtual Q&A session to discuss the roll-out of the Service-Disabled Veteran Owned Small Business (SDVOSB) and Veteran Owned Small Business (VOSB) certification program. They will be assuming responsibility as of January 2023 and the SBA will begin accepting applications for certification on January 9, 2023. Through the
- [A Helpful Guide: The VA’s Memorandum on the New Certification System](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/a-helpful-guide-the-vas-memorandum-on-the-new-certification-system/) - As many of you likely already know, back in late 2020, Congress made two changes to the SDVOSB program when it passed the 2021 National Defense Authorization Act. First, all SDVOSBs will be required to certify with the government starting on January 1, 2023. Second, the responsibility for conducting SDVOSB certification will transfer from the
- [Reading the Tea Leaves from SBA's Regulatory Agenda](https://smallgovcon.com/statutes-and-regulations/reading-the-tea-leaves-from-sbas-regulatory-agenda/) - We're back with another edition of looking for interesting tidbits from SBA's semiannual regulatory agenda. SBA (along with other agencies) provide a guide to upcoming regulations. This schedule can help contractors determine when SBA is likely to update certain rules. Here are a few key updates. Here are some of the key rules on SBA's
- [SBA Issues Final Rule on SDVOSB Certification](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/sba-issues-final-rule-on-sdvosb-certification/) - SBA has issued its final rule for its takeover of the Veteran-Owned Small Business (VOSB) and Service-Disabled Veteran-Owned Small Business (SDVOSB) Certification program. The rule will have an effective date of January 1, 2023. We discussed the proposed rule in our post here. Below are a few key takeaways from the final version of the
- [SmallGovCon Week in Review: November 28-December 2, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-november-28-december-2-2022/) - Happy Friday, Readers! December is already here and as we kick off the holiday season, it's hard to believe that the year is wrapping up already. And speaking of "wrapping" there's sure to be some of that in the next few weeks. My advice is to pace yourself. The holiday season often feels like we
- [GAO Sustains Protest to Best Value Trade Off Where Agency Only Considers "Outstanding" Proposals, Without Weighing Price/Non-Price Factors](https://smallgovcon.com/gaobidprotests/gao-sustains-protest-to-best-value-trade-off-where-agency-only-considers-outstanding-proposals-without-weighing-price-non-price-factors/) - The federal government contracting solicitation, proposal, and selection processes are something that all federal government contractors should strive to know. These methods, found in FAR parts 14 and 15, respectively, can be boiled down to two methods: sealed bidding and contracting by negotiation. Contracting by negotiation can occur either through a competitive award or a sole
- [Govology Webinar Event: 2022 Government Contracts Year-End Review, December 8, 2022, 1:00 pm EST](https://smallgovcon.com/events/govology-webinar-event-2022-government-contracts-year-end-review-december-8-2022-100-pm-est/) - In this webinar, Govology Legal Analyst Steven Koprince and I will cover the most important legal developments for federal contractors in 2022, including new small business rules, recent domestic preference changes under the Buy American Act, key provisions of the 2023 National Defense Authorization Act, and much more. I hope you will join us. Registration
- [Happy Thanksgiving from SmallGovCon!](https://smallgovcon.com/smallgovcon-week-in-review-2/happy-thanksgiving-from-smallgovcon/) - Happy Thanksgiving! Here at SmallGovCon, we strive to provide concise, up-to-date, and actionable legal updates and analysis to people in the federal government contracting community and we want to take this opportunity to thank our blog readers. We hope that you will enjoy a few days off spending time with family and friends. We will
- [Proposed FAR Regulation Turns up the Heat on Federal Contractor Greenhouse Gas Emission Reporting](https://smallgovcon.com/statutes-and-regulations/proposed-far-regulation-turns-up-the-heat-on-federal-contractor-greenhouse-gas-emission-reporting/) - In an effort to comply with Executive Orders issued by the President, and to lower greenhouse gas effects, the Department of Defense, NASA, and GSA have recently issued a proposed rule that would change the FAR to create further requirements for contractors to report and disclose greenhouse gas emissions, as well as create emission targets.
- [SmallGovCon Week in Review: November 14-18, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-november-14-18-2022/) - Happy Friday, Readers! We had our first snow this week which was a reminder that winter is blowing in. The birds are flocking to the bird feeders, the geese are flying overhead and there seems to be a red-tailed hawk on every farm fence hunting for food. I say it's time to snuggle in where
- [Friendly Inflation: SBA Adjusts Size Standards, Economic Disadvantage Limits, and 8(a) Sole Source Dollar Limits for Inflation](https://smallgovcon.com/statutes-and-regulations/friendly-inflation-sba-adjusts-size-standards-economic-disadvantage-limits-and-8a-sole-source-dollar-limits-for-inflation/) - It probably doesn’t need to be said that all of us have been chafing under inflation lately, and federal contractors are certainly no exception. Rises in costs for goods and labor have exerted serious pressure on businesses and households worldwide. However, not all inflation is bad. SBA recently released a final rule taking into account
- [8(a) Program and EDWOSB: Are they Economically Disadvantaged Twins or Siblings?](https://smallgovcon.com/8a-program/8a-program-and-edwosb-are-they-economically-disadvantaged-twins-or-siblings/) - Two of the Small Business Administration's programs require the applicant to demonstrate that they are economically disadvantaged: the 8(a) Business Development Program (8(a) Program) and the Economically Disadvantaged Woman-Owned Small Business Program (EDWOSB). The 8(a) Program requires applicants to be owned and controlled by both socially and economically disadvantaged individuals per 13 C.F.R. § 124.101.
- [Who You Gonna Call? Your Contracting Officer (Part 3) ](https://smallgovcon.com/uncategorized/who-you-gonna-call-your-contracting-officer-part-3/) - In our line of work, we regularly litigate protests, claims, appeals, etc., against the Government. But often, procuring and contracting issues can be resolved without the need for litigation–via a little-known method we like to call “talking things out with your CO.” There are also some important things to keep in mind regarding contract performance
- [SmallGovCon Week in Review: November 7-11, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-november-7-11-2022/) - On this Veteran's Day, our firm salutes veterans. Veterans are extraordinarily modest. They don’t ask for, or expect, a “thank you.” But that doesn’t mean they don’t deserve one. If you are a veteran, thank you very much for your service. If you are not a veteran, take a moment today to thank the veterans
- [2022 Bid Protest Report, Success Rate Up, Total Protests Down](https://smallgovcon.com/gaobidprotests/2022-bid-protest-report-success-rate-up-total-protests-down/) - GAO's annual bid protest report is a fall tradition for federal contracting attorneys. It's perhaps not quite as tasty as stuffing in my book, but always interesting. In it, GAO summarizes its slate of bid protests for the previous fiscal year, and we can glean insights from how the protest numbers have changed from prior
- [Event: APTAC Fall Conference November 6-9](https://smallgovcon.com/events/event-aptac-fall-conference-november-6-9/) - I'm excited to be headed to the APTAC Fall Conference from November 6-9 in DC. Hope to see many folks there! This event supports PTAC professionals around the country. Procurement Technical Assistance Centers (PTACs) help small businesses succeed in public sector marketplaces by providing no-cost advising on all aspects of selling to the federal, state,
- [A Slight Deviation: DoD Implements Temporary Verification Requirement while SAM Updates](https://smallgovcon.com/federal-government-contracting/a-slight-deviation-dod-implements-temporary-verification-requirement-while-sam-updates/) - On a daily basis, the Department of Defense (DoD) issues innumerable memorandums and orders, as one might expect when dealing with one of the largest institutions in human history. Most of these have little to no impact for most government contractors. However, a recent class deviation is an exception, as it should make things easier
- [Alert! SBA Proposes to Consolidate the All-Small and 8(a) Mentor/Protégé Programs](https://smallgovcon.com/statutes-and-regulations/alert-sba-proposes-to-consolidate-the-all-small-and-8a-mentor-protege-programs/) - Government contracts attorney Matthew Schoonover discusses a proposed change to the SBA's regulations
- [Mentor-Protégé Consolidation Goes Live: What Does this Mean for You?](https://smallgovcon.com/8a-program/mentor-protege-consolidation-goes-live-what-does-this-mean-for-you/) - The 8(a) Business Development Mentor-Protégé Program has officially been consolidated into the All-Small Mentor-Protégé Program. The goal: to eliminate duplications in regulations and to alleviate confusion between the two programs. This change has been years in the making. Since the All-Small Mentor-Protégé Program was introduced in 2016, confusion between the two programs has persisted. SBA began looking at how to streamline the programs. We first wrote about the proposed rule changes back in November, 2019. SBA has now implemented its overhaul and consolidation through a final rule; follow along as we take you through what you need to know about the new rules.
- [Small Businesses in U.S. Territories Eligible for Preferential Treatment Under New SBA Rule](https://smallgovcon.com/federal-government-contracting/small-businesses-in-u-s-territories-eligible-for-preferential-treatment-under-new-sba-rule/) - While it is understandable why people focus on the 50 states and the federal district (D.C.), the United States is not just those areas. In addition to the states, the United States has 14 territories. Five of these have a permanent population: Puerto Rico, the Northern Marianas Islands, Guam, American Samoa, and the U.S. Virgin
- [SBA's 7(a) and 504 Loans Proposed Rule: Affiliation Based on "Control" Soon to be a Thing of the Past](https://smallgovcon.com/statutes-and-regulations/sbas-7a-and-504-loans-proposed-rule-affiliation-based-on-control-soon-to-be-a-thing-of-the-past/) - One of the things the Small Business Administration may be best known for is its small business loan programs, such as the section 7(a) and 504 Loan Programs. These programs have been a staple of the small business landscape for quite some time. Unsurprisingly though, there are multiple rules associated with them. Among these myriad
- [Week in Review: October 24-28, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/week-in-review-october-24-28-2022/) - Hello, Readers. We hope you had a great week and are all stocked up on candy for Halloween. Every year, during this time, our city has a Zombie Walk downtown and let me tell you, some of them are pretty scary! It's quite a sight to see a hundred Zombies, big and small, walking around!
- [Franchise-Type Agreement Sinks SDVOSB Application](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/franchise-type-agreement-sinks-sdvosb-application/) - One of the key criteria for being a Service-Disabled Veteran-Owned Small Business (SDVOSB) is, as you might expect, that a service-disabled veteran control the company. Under Small Business Administration rules, an agreement similar to a franchise agreement can render an SDVOSB applicant ineligible, because the franchisor restrictions on the actions of the company are too
- [Koprince McCall Pottroff LLC's New Joint Venture Handbook Is Now Available!](https://smallgovcon.com/events/koprince-mccall-pottroff-llcs-new-joint-venture-handbook-is-now-available/) - We are pleased to announce that our updated Koprince McCall Pottroff LLC GovCon Handbook, on Joint Ventures, is now available! This handbook–complete with all of the SBA’s important changes from the past couple years--was co-authored by me and Nicole Pottroff as well as firm founder Steven Koprince. It is now available through Amazon at this link. The Joint Venture Handbook is
- [SmallGovCon Week in Review: October 17-21, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-17-21-2022/) - Happy Friday, Readers! The fall leaves are absolutely beautiful here in Lawrence, Kansas right now. We've had our first freeze and the mornings have been quite chilly. As the seasons change in Kansas, our temperatures can fluctuate drastically. One day it's 80 degrees and the next it's 20. Those weather apps sure do come in
- [The Anatomy of a Solicitation: How to Read the Standard Sections of a Federal Solicitation](https://smallgovcon.com/statutes-and-regulations/the-anatomy-of-a-solicitation-how-to-read-the-standard-sections-of-a-federal-solicitation/) - Being familiar with the structure of a solicitation is imperative if you hope to be a successful federal government contractor. However, the solicitations that accompany competitive procurements, in the form of a “request for quote,” “invitation for bid,” or “request for proposal,” are often lengthy, making it easy for contractors that are new to federal
- [Govology Webinar Event: Communicating with Government Contracting Officials: What Can (and Should) Contractors Really Say and Do? October 20, 2022, 1:00pm EDT](https://smallgovcon.com/events/govology-webinar-event-communicating-with-government-contracting-officials-what-can-and-should-contractors-really-say-and-do-october-20-2022-100pm-edt/) - When it comes to effective communication, the government and industry often get it wrong. Misconceptions and misunderstandings abound and can prove very costly for contractors. In this webinar, Nicole Pottroff and I will debunk some of the most common myths and misunderstandings held by contractors, including when and how you can communicate one-on-one with a
- [Who You Gonna Call? Your Contracting Officer (Part 2) ](https://smallgovcon.com/gaobidprotests/who-you-gonna-call-your-contracting-officer-part-2/) - In our line of work, we regularly litigate protests, claims, appeals, etc., against the Government. But often, procuring and contracting issues can be resolved without the need for litigation–via a little-known method we like to call “talking things out with your CO.” There are also some important things to keep in mind regarding communications with
- [SmallGovCon Week in Review: October 10-14, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-10-14-2022/) - Happy Friday, Readers. I don't know about you, but it feels like fall brings with it a flurry of activity! There are so many community events going on this weekend, it's hard to decide what to attend. We're certainly very fortunate to have so many options. I hope you can get out and enjoy the
- [Pay it Forward, or Pay the Price, Says SBA in Proposed Rules for 8(a) Tribal Entities](https://smallgovcon.com/8a-program/pay-it-forward-or-pay-the-price-says-sba-in-proposed-rules-for-8a-tribal-entities/) - In a recent notice for Tribal consultation and request for comments, as well as a published proposed rule, the SBA seems to be signaling an increase in oversight of Native or Tribally-owned entities who are 8(a) Participants. SBA has an apparent goal of enforcing more stringent repercussions for not fully adhering to some stipulations that
- [Who You Gonna Call? Your Contracting Officer](https://smallgovcon.com/statutes-and-regulations/who-you-gonna-call-your-contracting-officer/) - In our line of work, we regularly litigate protests, appeals, claims, etc., against the Government. But often, procuring and contracting issues can be resolved without the need for litigation--via a little-known method we like to call "talking things out with your CO." There are also opportunities to communicate with your contracting officers for networking and
- [U.S. Department of Veteran's Affairs Webinar Event: Tuesday, October 25 1:00pm EDT](https://smallgovcon.com/events/u-s-department-of-veterans-affairs-webinar-event-tuesday-october-25-100pm-edt/) - Please join Jackie Lopez, President of Premier Enterprise Solutions, LLC, and me as we discuss both the operational and legal perspective of teaming strategies, the importance of teaming, limitations of subcontracting, why you should use a teaming agreement and much more in part 1 of this 2 part webinar series. We're pleased to offer both
- [SmallGovCon Week in Review: October 3-7, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-3-7-2022/) - Happy Friday and happy October, Readers. There were a lot of announcements this week in Federal Government Contracting, including new guidance from the White House for federal agencies to increase the share of government contracting dollars to small, disadvantaged businesses (SDBs) in fiscal year 2023. It is part of the administration's effort to steer $100
- [Congress Reauthorizes SBIR/STTR, Adds a Few Wrinkles](https://smallgovcon.com/statutes-and-regulations/congress-reauthorizes-sbir-sttr-adds-a-few-wrinkles/) - Congress recently approved reauthorization of both the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. The law, known as the ‘‘SBIR and STTR Extension Act of 2022’’, was ratified by the House on September 29 and became law on October 3, 2022. While the big takeaway is that the SBIR and
- [SBA Proposed Rule Relaxes Change of 8(a) Program Ownership, Allows Limited Populated Joint Ventures](https://smallgovcon.com/8a-program/sba-proposed-rule-relaxes-change-of-8a-program-ownership-allows-limited-populated-joint-ventures/) - The SBA has issued new proposed rules relating to the 8(a) Program. The rules clarify some aspects of ownership and control requirements for the 8(a) Program, including making change of ownership a little easier and cleaning up some 8(a) set-aside processes. The rule would also allow for populated joint ventures between similarly situated joint venture
- [SmallGovCon Week In Review: September 26-30, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-26-30-2022/) - Happy Friday! It's football season and we couldn't be more excited about how our Kansas teams are starting the season. This weekend's match-ups are set to be exciting ones and our fall weather is proving to be perfect for getting out there and cheering on our favorite teams. We hope you can get out and
- [Yes, No, Maybe? Understanding the Reason Behind SBA-Required Mentor-Protégé Agreement Questions](https://smallgovcon.com/statutes-and-regulations/yes-no-maybe-understanding-the-reason-behind-sba-required-mentor-protege-agreement-questions/) - The SBA’s Mentor-Protégé Program offers a myriad of benefits to both Mentors and Protégés who participate in the Program. Small business Protégés benefit from the assistance provided by their SBA approved Mentor, which can include anything from guidance on how to find solicitations and make offers, to financial support in the form of loans or
- [SmallGovCon Week in Review: September 19-23, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-19-23-2022/) - Happy Friday, Readers. We have had some contrasting weather conditions here in Kansas, this week. One day we are at 100 degrees and the next day we are in the 60's. You know what they say in Kansas? If you don't like the weather, just wait a minute and it will change. That has certainly
- [Back to Basics: Limitations on Subcontracting](https://smallgovcon.com/back-to-basics/back-to-basics-limitations-on-subcontracting/) - One of the common questions small business contractors ask themselves when planning performance of a contract is "how much of this work are we allowed to subcontract?" Trying to answer this question inevitably leads contractors to one of the most commonly used and frequently misunderstood rules in federal contracting, the Limitations on Subcontracting. In this
- [Back to Basics: The Nonmanufacturer Rule](https://smallgovcon.com/sba-size-protests/back-to-basics-the-nonmanufacturer-rule/) - To qualify as a small business under most set-aside or sole-source contracts seeking manufactured products or supplies, SBA’s regulations require an offeror to be the item’s manufacturer or, alternatively, comply with the nonmanufacturer rule. In this post, we’ll discuss qualifying under the nonmanufacturer rule. 1. Do I need to qualify under the nonmanufacturer rule? That
- [Webinar Event: Catalyst Joint Ventures/Legislative Updates Virtual Workshop, Thursday, September 22, 2:00-4:00pm CDT](https://smallgovcon.com/events/webinar-event-catalyst-joint-ventures-legislative-updates-virtual-workshop-thursday-september-22-200-400pm-cdt/) - Please join us for a very informative webinar hosted by The Catalyst Center for Business & Entrepreneurship. Joint ventures can be a powerful tool for multiple businesses to compete for proposals and combine the best capabilities they have to offer. But how do businesses keep their agreements in order? This presentation will address the benefits
- [SmallGovCon Week in Review: September 12-16, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-12-16-2022/) - Happy Friday, Readers! Our weather here in Kansas has decided it's not quite ready to be cooler for Fall just yet. You can bet though, when it does, it will decide abruptly. I'm taking my family on a camping trip this weekend to extend summer just a bit longer. Hope you are able to enjoy
- [The DoD Mentor-Protégé Program’s New Look: Expanded Protégé Eligibility](https://smallgovcon.com/federal-government-contracting/the-dod-mentor-protege-programs-new-look-expanded-protege-eligibility/) - Many SBA programs and offerings have their origins in other agencies or parts of the federal government. Contractors who do not work with the DoD might be surprised to learn that the DoD’s own Mentor-Protégé Program is in fact the oldest continuously operating mentor-protégé program, dating back to the First Gulf War. Recently, this program
- [Govology Webinar Event: Top 21 Legal Mistakes in Government Contracting,  September 15, 2022, 1:00pm EDT](https://smallgovcon.com/events/govology-webinar-event-top-21-legal-mistakes-in-government-contracting-september-15-2022-100pm-edt/) - Government contracting law is complex, and the rules aren’t always intuitive. As a result, many contractors make the same legal mistakes, involving everything from completing SAM profiles to calculating small business size to communicating with government contracting officers. In this webinar, I will unveil the top 21 most common legal mistakes I see contractors make
- [SmallGovCon Week in Review: September 5-9, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-5-9-2022/) - Happy Friday, SmallGovCon Readers. The sunflower, which is the state flower or Kansas, are in full bloom. They have been spectacular this season! Sunflowers exhibit a trait called heliotropism, which means that they turn to face the sun. The tallest sunflower ever recorded was 30 feet tall! Wow! I haven't seen one that tall but they
- [Open to Interpretation? Don't Guess if Your Joint Venture Agreement Plays by the Rules](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/open-to-interpretation-dont-make-guess-if-your-joint-venture-agreement-plays-by-the-rules/) - A recent SBA decision showcased the strict manner in which SBA interprets its joint venture agreement rules. After an agency awarded a contract to a joint venture entity, SBA determined the joint venture was ineligible due to fairly small deficiencies in a joint venture agreement. It’s a situation that no federal contractor wants to encounter.
- [SmallGovCon Week in Review: August 29- September 2, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-29-september-2-2022/) - Happy Labor Day weekend, Readers. Monday is a federal holiday so I'm sure everyone is looking forward to an enjoyable, long weekend and perhaps a parade. It turns out that the first Labor Day parade was in New York City on September 5, 1882 when, according to the US Department of Labor, a newspaper account
- [Federal Court Confirms Strict SDVOSB Unconditional Ownership Requirements](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/federal-court-confirms-strict-sdvosb-unconditional-ownership-requirements/) - As we've discussed, the SBA will soon take the reins over from VA to run the certification process for Veteran-Owned Small Businesses (VOSBs) and Service-Disabled, Veteran-Owned Small Businesses (SDVOSBs). Self-certification for SDVOSBs will go away on December 31, 2023, so be sure to get your SDVOSB ownership and control documents up to snuff in order
- [Breaking: SBA Issues Veteran-Owned Certification Rules, Will Eliminate SDVOSB Self-Certification](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/breaking-sba-issues-veteran-owned-certification-rules/) - The SBA has issued its draft rules on how it will go about certifying Veteran-Owned Small Businesses (VOSBs) and Service-Disabled, Veteran-Owned Small Businesses (SDVOSBs). Below, we highlight some of the main components of these rules. The changes stem from Congress's requirement in the 2021 NDAA to to eliminate SDVOSB self-certification and adopt a government-wide SDVOSB
- [New GovCon Handbook Arriving Soon! Joint Ventures--Updated Edition](https://smallgovcon.com/events/new-govcon-handbook-arriving-soon-joint-ventures-updated-edition/) - We are pleased to announce that, back by popular demand, our updated Koprince McCall Pottroff LLC GovCon Handbook, on Joint Ventures, is coming soon! This handbook–complete with all of the SBA’s important changes from the past couple years–was co-authored by me and Nicole Pottroff as well as firm founder Steven Koprince. It will be published through Amazon
- [SmallGovCon Week in Review: August 22-26, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-22-26-2022/) - Happy Friday, Readers. I hope this has been a productive week for you. We have been very busy here at SmallGovCon moving into the fall season. Living in a college town always brings a sense of energy and excitement as the students return for the fall semester. The SBA made announcements this week about a
- [Congress Directs SBA to Take Stab at COVID-19 Loan Fraud](https://smallgovcon.com/statutes-and-regulations/congress-directs-sba-to-take-stab-at-covid-19-loan-fraud/) - President Biden signed two bills aimed at preventing fraud by participants within the Small Business Association on August 2, 2022. H.R. 7334 is titled the COVID-19 EIDL Fraud Statute of Limitations Act of 2022 (EIDL Act). H.R. 7352 is titled the PPP and Bank Fraud Enforcement Harmonization Act of 2022 (PPP Act). Both Acts establish
- [Back to Basics: SBA's Mentor-Protégé Program](https://smallgovcon.com/back-to-basics/back-to-basics-sbas-mentor-protege-program/) - One of the biggest gamechangers among Federal Contracting programs is the SBA's Mentor Protégé Program. It provides an avenue for small businesses and large businesses to work together where they otherwise may not have been able to previously, helps federal contractors develop their companies, and can provide protection from affiliation. However, in order for businesses
- [SmallGovCon Week in Review: August 15-19, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-15-19-2022/) - Happy Friday, Readers. I wanted to send another thank you to Carter Merkle, Berbon Hamilton, and all the other folks who made the ICBS Show 2022 such a great experience. There were some informative speakers and a great opportunity for networking. I was very pleased to be able to speak about local opportunities related to the infrastructure
- [Webinar Event: Still a Game Changer: The SBA Mentor-Protégé Program (2022 Update)](https://smallgovcon.com/events/webinar-event-still-a-game-changer-the-sba-mentor-protege-program-2022-update/) - Koprince McCall Pottroff LLC will be presenting a webinar hosted by Govology, on the U.S. Small Business Administration’s Small Mentor-Protégé Program that will be on August 30 at 1:00pm EST. In this webinar, government contracts attorneys Shane McCall and Nicole Pottroff will explain the ins-and-outs of the recently consolidated MPP, covering the program’s eligibility requirements, its potent
- [Webinar Event: Teaming and Partnering Strategies - with Koprince McCall Pottroff, August 23, 2022](https://smallgovcon.com/events/webinar-event-teaming-and-partnering-strategies-with-koprince-mccall-pottroff-august-23-2022/) - Koprince McCall Pottroff LLC will be presenting a webinar hosted by Nebraska Business Development Center, Teaming and Partnering Strategies will be on August 23 at 10:00am CDT. In this webinar, government contracts attorneys Nicole Pottroff and John Holtz will break down the types of teaming agreements available for federal government contractors. If you are interested in learning more
- [SmallGovCon Week in Review: August 8-12, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-8-12-2022/) - It’s Friday, and that means its time for another round of SmallGovCon updates as you ease on into your weekend. I'm excited to be heading to Norman, Oklahoma next week for the ICBS 2022 show. I'll be speaking about local opportunities related to the Infrastructure Act. Hope to see you there! https://www.icbsshow.com/. Have a great
- [Back to Basics: Veteran-Owned Businesses and SDVOSB Eligibility](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/back-to-basics-veteran-owned-businesses-and-sdvosb-eligibility/) - To honor the sacrifice made by our country's veterans, the federal government has made it a priority to set aside federal contracting opportunities for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). To qualify for these opportunities, businesses must meet certain specifications in ownership and control. Let's take a quick look at some the general qualifications needed to
- [Back to Basics: Types of Affiliation](https://smallgovcon.com/statutes-and-regulations/back-to-basics-types-of-affiliation/) - This is a the second article of two taking you back to the basics of affiliation. The first, giving you a general overview of affiliation, can be found here. This follow-on article goes through the different bases for affiliation, as set forth in SBA's affiliation regulations. Keep in mind though, this is still affiliation "basics"
- [SmallGovCon Week in Review: August 1-5, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-1-5-2022/) - Happy Friday, Readers. We hope you had a great week. Shane McCall, our usual Week in Review contributor, is enjoying a much deserved vacation with this family and I have the delightful privilege of filling in for him. Can you believe it's August already and school will soon be starting? The Summer is flying right
- [Nonprofit Parent Companies do not Automatically Cause Affiliation for SBA Size Determinations](https://smallgovcon.com/sbaohadecisions/nonprofit-parent-companies-do-not-automatically-cause-affiliation-for-sba-size-determinations/) - The Office of Hearings and Appeals, more commonly referred to as OHA, is tasked with deciding size determination appeals that arise under the Small Business Act of 1958, as well as 13 C.F.R. parts 121 and 134. When an unsuccessful offeror raises a question, via a size protest, regarding an Awardee’s size under the North
- [SBA Issues 2021 Small Business Scorecard, Small Businesses Contracting Over $154 Billion!](https://smallgovcon.com/reports/sba-issues-2021-small-business-scorecard-small-businesses-contracting-over-154-billion/) - The SBA recently released the Government Wide Small Business Procurement Scorecard for fiscal year 2021. This annual scorecard details information on the various categories of small businesses recognized by the SBA, including whether SBA met its goals related to small business federal contractors. Specifically, the scorecard is used to assess “how well federal agencies reach
- [DFARS Data Rights Provisions in Action](https://smallgovcon.com/uncategorized/dfars-data-rights-provisions-in-action/) - Back in April 2022, we looked at how data rights are handled by the Department of Defense in the DFARS (Defense Acquisition Regulation Systems), and prior to that, we explored many of the regulations regarding data rights and similar intellectual property. This is all well and good, but many of you probably wonder what this
- [SmallGovCon Week in Review: July 25-29, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-25-29-2022/) - We’ve been enjoying summer out here in Lawrence and many of our SmallGovCon professionals are taking a little time to themselves for summer vacation. We hope our readers are able to do the same thing! Whether you’re getting back from a vacation or working regular hours, here’s our weekly roundup of news from the federal
- [SmallGovCon Week in Review: July 18-22, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-18-22-2022/) - Happy Friday, Readers! I hope you are all staying cool. It seems the whole country is under a heat advisory and we are not the exception here at SmallGovCon, with temperatures hovering around 100 degrees. Whew...who's ready for Fall? There was a lot of news in the federal government contracting world this week and we've
- [OHA Remands Size Determination Because Area Office Failed to Provide Due Process to Protested Concern](https://smallgovcon.com/sbaohadecisions/oha-remands-size-determination-because-area-office-failed-to-provide-due-process-to-protested-concern/) - SBA's Office of Hearing and Appeals (OHA) recently said that the SBA Area Office should have informed the protested concern of the issues its adverse size determination focused on before ruling against the concern's size eligibility on that basis. In addition to its lesson on due process, OHA also took this opportunity to distinguish totality
- [FAR Proposed Rule: Incumbent Service Workers Need to be Hired](https://smallgovcon.com/statutes-and-regulations/far-proposed-rule-incumbent-service-workers-need-to-be-hired/) - Once again, the incumbent service worker rule has had its pendulum swing back to the hiring of incumbent workers, reflecting a "general policy of the Federal Government that service contracts which succeed contracts for the same or similar services, and solicitations for such contracts, shall include a non-displacement clause." This proposed rule would insert a
- [Back to Basics: Affiliation, An Overview](https://smallgovcon.com/back-to-basics/back-to-basics-affiliation-an-overview/) - Affiliation is quite possibly one of the scariest words to small business government contractors. And it is easily one of the most misunderstood concepts in SBA's small business regulations. Perhaps the widespread fear and misunderstanding are due to the fact that there are so many potential bases for affiliation listed in SBA's rules--or the fact
- [SmallGovCon Week in Review: July 11-15, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-11-15-2022/) - Hello, Blog Readers! We hope you had a productive week. Here at SmallGovCon we have been geeking out to the new images from the James Webb Space Telescope. If you haven't seen the spectacular images, we encourage you to do so! This photo was captured in infrared light and the image reveals for the first
- [Don’t Ignore NAICS Code Changes: New Rule a Reminder to Contractors](https://smallgovcon.com/federal-government-contracting/dont-ignore-naics-code-changes-new-rule-a-reminder-to-contractors/) - While many industries have existed since time immemorial, new industries are created and old industries fade all the time. A mere twenty-five years ago, there was no such thing as social media and video rental stores were all the rage. Now the former is a multi-billion-dollar industry, and the latter is basically extinct. In recognition
- [SmallGovCon Week In Review: July 4-8, 2022](https://smallgovcon.com/uncategorized/smallgovcon-week-in-review-july-4-8-2022/) - Happy Friday, Readers! We hope you had a nice, long 4th of July weekend and we'd also like to show our appreciation for our veterans and active duty military personnel. Thank you for your service. This week in federal government contracting news there were announcements from a key cyber agency set to get procurement authority
- [SmallGovCon Week in Review: June 27- July 1, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-27-july-1-2022/) - Happy Fourth of July, Readers! We hope you have a fun and relaxing holiday weekend planned. Here are 3 fun facts about Independence Day: The Declaration of Independence Was Written on a Laptop. Not a modern laptop, but still. Thomas Jefferson drafted the Declaration of Independence on a writing desk that could fit over one's lap.
- [Small Business Committee Raises Concerns to SBA About Certification Speed, Category Management](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/small-business-committee-raises-concerns-to-sba-about-certification-speed-category-management/) - Last week, the U.S. House of Representatives Small Business Committee held a hearing to discuss how the SBA will meet Small Business Contracting goals, and specifically how the SBA can meet its goals related to socioeconomic programs. The committee challenged the Office of Government Contracting & Business Development to show how they will help grow
- [Back to Basics: Pre-Award Bid Protests](https://smallgovcon.com/gaobidprotests/back-to-basics-pre-award-bid-protests/) - Many bid protests we handle at Koprince McCall Pottroff are filed after the contract has been awarded to an offeror. However, sometimes there are issues that are apparent in the solicitation that require clarification or correction prior to the bidding or proposal deadline. In these situations, potential offerors can file a pre-award protest that challenges
- [SmallGovCon Week in Review: June 20-24, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-20-24-2022/) - Happy summer, readers! We hope you have some fun plans for the season. Here at SmallGovCon we are gearing up for some nice R & R time with friends and family. But, the first few days of summer have been anything but lazy, with much activity in federal government contracting, including updates on the new
- [House Passes HUBZone Price Evaluation Preference Clarification Act of 2021](https://smallgovcon.com/hubzone-program/house-passes-hubzone-price-evaluation-preference-clarification-act-of-2021/) - The U.S. House of Representatives recently passed H. R. 5879, clarifying the application of the price evaluation preference for qualified HUBZone small business concerns to certain contracts. If this becomes law, the Act would make sure the HUBZone Price Evaluation Preference applies to certain orders under partially restricted multiple award contracts. H. R. 5879, cited
- [Webinar: June 23, 1:00pm EDT, An Introduction to Government Small Business Certifications, by Steven Koprince, Govology Legal Analyst](https://smallgovcon.com/events/webinar-june-23-100pm-edt-an-introduction-to-government-small-business-certifications-by-steven-koprince-govology-legal-analyst/) - We are pleased to announce that Steven Koprince, Govology Legal Analyst and retired founder of Koprince McCall Pottroff LLC, will be kicking off his work with one of our favorite federal contracting partners: Govology! Join Steven in his new role as a legal analyst as he discusses various federal small business certification programs, including Small
- [SBA Updates Size Standards for Wholesale Trade and Retail Trade](https://smallgovcon.com/statutes-and-regulations/sba-updates-size-standards-for-wholesale-trade-and-retail-trade/) - SBA has issued new size standards for industries in the Wholesale Trade and Retail Trade sectors. The interesting thing about these size standards is that they don't apply to federal procurement actions. Instead, there is a different size standard for supply contracts. So, did SBA see fit to increase the supply-contract size standard? The answer
- [SmallGovCon Week in Review: June 13-17, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-13-17-2022/) - Happy Friday and Happy Juneteenth! This year, June 19, Juneteenth, falls on a Sunday, so the federal holiday, established in 2021, will be observed on Monday, June 20. Juneteenth arose from the date of June 19, 1865, in Galveston, Texas--when African Americans in the state learned of their freedom due to the Emancipation Proclamation and
- [No Pay, No Need to Say: GAO Clarifies What Judgments and Settlements Require Disclosure under FAR 52.209-7](https://smallgovcon.com/gaobidprotests/no-pay-no-need-to-say-gao-clarifies-what-judgments-and-settlements-require-disclosure-under-far-52-209-7/) - Representations and certifications are an integral part of the requirements for any solicitation. While each solicitation may require different representations and certifications, what precisely is required for a given representation or certification is generally governed by the FAR. One of the more common requirements is that an offeror provide information to the Federal Awardee Performance
- [SmallGovCon Week in Review: June 6-10, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-6-10-2022/) - Happy Friday, Readers! We hope you had a very productive week and can take some time this weekend to relax and unwind. The start of June is proving to be a wet one here in the Midwest and the gardens and trees are loving it! Everything is so green and the spring flowers are beautiful.
- [SmallGovCon Welcomes Back Greg Weber!](https://smallgovcon.com/events/smallgovcon-welcomes-back-greg-weber/) - Greg Weber has recently rejoined the blog and is once again one of our attorney-authors. We're excited to have him back! Greg spent a stint in the healthcare industry, which has given him increased experience in both regulatory and transactional matters. His recent post discusses the importance of checking your emails in connection with size
- [Leaving OHA Email on "Unread" still Counts as Receipt For Appeal Timing Rules](https://smallgovcon.com/sbaohadecisions/leaving-oha-email-on-unread-still-counts-as-receipt-for-appeal-timing-rules/) - The SBA's OHA administrative judges recently sent a warning to all small business contractors that they need to keep an eye on their email inboxes no matter how late in the business day it is. In a size appeal decision, OHA found that even an unread email could derail a contractor's plans for a size
- [Department of Defense Unveils Plan to Address Effects of Inflation on Contracts](https://smallgovcon.com/uncategorized/department-of-defense-unveils-plan-to-address-effects-of-inflation-on-contracts/) - Inflation. A word no one likes, but it is something that is currently impacting nearly every facet of our lives. Gas prices continue to rise, grocery costs are through the roof, and everyday living expenses are taking more hard-earned money from our country’s workers than ever before. However, consumers are not the only ones feeling
- [Upcoming SBA Rule Will Switch to 24-Month Calculation for Employee Size Standards](https://smallgovcon.com/statutes-and-regulations/upcoming-sba-rule-will-switch-to-24-month-calculation-for-employee-size-standards/) - SBA has issued a final rule changing all employee size standards to a 24-month calculation. This rule is scheduled to be published in the Federal Register on June 6, 2022, and and will take effect 30 days from the date it is officially published. Let's take a closer look. This final rule actually implements two
- [SmallGovCon Week in Review: May 30-June 3, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-30-june-3-2022/) - Happy June, Readers! Can you believe it's the start of summer already? This year is certainly flying by. I hope you have lots of fun summer plans with family and friends. I know that I'm looking forward to it. We've included several articles that hopefully provide some good information concerning federal government contracting today. Enjoy
- [GAO Sustains Protest for Converting Best-Value Evaluation into LPTA](https://smallgovcon.com/gaobidprotests/gao-sustains-protest-for-converting-best-value-evaluation-into-lpta/) - In a recent decision, GAO sustained a protest arguing that the agency had actually converted a best-value tradeoff procurement into a lowest-priced, technically acceptable competition. GAO held that the agency had not properly followed the evaluation criteria. In the protest, AT&T Mobility LLC (AT&T) protested a RFP award under a DHS for cellular communications services
- [Task Order Size Protests: Too Little, Too Late, Says SBA OHA](https://smallgovcon.com/sbaohadecisions/task-order-size-protests-too-little-too-late-says-sba-oha/) - So, your company has made it past the first big hurdle and got on a GSA schedule. You see a small business task order pop up that you believe your company would be perfect for, but another company gets the award. Based on information you have heard or read, you believe something fishy may be going on and the awarded company may be a big fish that found its way into the small pond. But can you timely protest the task order award? Just last month, OHA reiterated the general rule that size protests on task orders are not timely in Tic Security, LLC, SBA No. SIZ-6007, 2019 (May 31, 2019).
- [GAO Examines Requirements for Sole-Source Contracts](https://smallgovcon.com/gaobidprotests/gao-examines-requirements-for-sole-source-contracts/) - Sole-source awards can be tricky and make many contractors feel left out of the loop on certain procurements. GAO in the past has upheld that sole-source contracts are allowable so long as the agency has a reasonable justification for the sole-source contract. Recently GAO re-examined what constitutes a reasonable “justification and award” for a sole-source contrac
- [Plan Ahead to Prevent Proposal Submission Issues, Says GAO](https://smallgovcon.com/gaobidprotests/plan-ahead-to-prevent-proposal-submission-issues-says-gao/) - When submitting bids, contractors should always double check their proposal submission methods, whether it be a designated portal, email, or any other method, and do so well before the deadline. GAO recently had the opportunity to examine proposal submission issues related to a US Navy procurement, and did not show sympathy for the contractor who experienced proposal submission issues right at the deadline.
- [GAO Reminds Contractors to Update All Profiles After a Name Change or Risk Bid Rejection](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/gao-reminds-contractors-to-update-all-profiles-after-a-name-change-or-risk-bid-rejection/) - Many businesses go through name changes and rebranding throughout their growth as a company. But if you're a government contractor, a business name change requires added updates that, if not done correctly and promptly, can affect the business's ability to win a contract. GAO's recent decision hammered home just how important it is to make sure your contractor profiles are updated if you want to win contracts.
- [DoD Finalizes  Restrictions on Use of LPTA Source Selection Process](https://smallgovcon.com/statutes-and-regulations/dod-finalizes-restrictions-on-use-of-lpta-source-selection-process/) - Effective October 1, DoD has issued a final rule restricting the use of LPTA solicitations in certain circumstances. This rule implements statutory changes from the 2017 and 2018 NDAA that will greatly impact the use of LPTA procurements by DoD contracting officers.
- [FAR Update: Simplified Acquisition Threshold and Micro-Purchase Threshold are Going Up](https://smallgovcon.com/statutes-and-regulations/the-simplified-acquisition-threshold-and-micro-purchase-threshold-are-going-up/) - The DoD, GSA, and NASA are proposing increases to the Simplified Acquisition Threshold and Micro-Purchase Threshold. Although this may seem like a minor update, it will cause changes across the federal contracting landscape, will alter the FAR, and will result in more contracts being issued under the Micro-Purchase and Simplified Acquisition Thresholds.
- [SBA Inspector General Identifies "Challenges" with Multiple SBA Programs](https://smallgovcon.com/8a-program/sba-inspector-general-identifies-challenges-with-multiple-sba-programs/) - The SBA Office of the Inspector General has taken it upon itself to look at the SBA's programs and activities in order to determine what risks the SBA may face in the 2020 Fiscal Year. It appears that the OIG did not like what it found. The examination found multiple risks and problems associated with SBA programs, including the SBA's small business contract goaling, the WOSB program, and the 8(a) program.
- [GAO Recommends Improvements For Comments on Proposed Federal Agency Rules](https://smallgovcon.com/statutes-and-regulations/gao-recommends-improvements-for-comments-on-proposed-federal-agency-rules/) - Have you ever felt like you were screaming into the void when submitting your comments to a proposed rule in the Federal Register? That your well thought out comments were being drowned out by a mass of other comments on a proposed rule or attributed to someone else? Have you wondered what agencies do with all that information you send them when you submit a comment on a proposed rule? Well, GAO seems to have the same questions and concerns regarding the proposed rule comments process and has taken time these past few months to examine how agencies wade through comments on proposed rules, publish them, and clearly attribute identities to them.
- [SBA Proposes to Eliminate Some 8(a) Joint Venture Agreement Approval Requirements](https://smallgovcon.com/8a-program/sba-proposes-to-eliminate-some-8a-joint-venture-agreement-approval-requirements/) - Recently, the SBA proposed big changes for its small business regulations, including some aspects of the 8(a) Program. This blog post is Part 4 in our coverage of these proposed SBA changes and will cover the SBA’s potential changes to the joint venture agreement approval process for 8(a) contracts (here are part 1, part 2, and part 3 of our coverage).
- [SBA Finalizes Rule Allowing Set-Asides Under Small Business MACs](https://smallgovcon.com/statutes-and-regulations/sba-finalizes-rule-allowing-set-asides-under-small-business-macs/) - The SBA has published a final rule that would allow for quite the change to small business set-aside multiple award contracts (MACs) and orders issued under them. This final rule amends the SBA's regulations to authorize task and delivery orders issued under a small business set-aside MAC, to be set-aside for HUBZone businesses, 8(a) businesses, SDVOSBs, or WOSBs. While agencies had set aside orders under MACs before, SBA has now clarified its regulations to allow socioeconomic set-asides of orders under small business set-aside MACs.
- [Memorial Day 2022: A Day of Remembrance](https://smallgovcon.com/smallgovcon-week-in-review-2/memorial-day-2022-a-day-of-remembrance/) - Memorial Day, originally known as Decoration Day started on May 30th, 1868 as a day of remembrance for Civil War veterans. According to History.com, the date was chosen because it wasn't tied to any particular battle. In 1968, Congress passed the Uniform Monday Holiday Act. This Act established Memorial Day as the last Monday in
- [Setting the Standard: How the SBA Determines Size Standards for Small Businesses](https://smallgovcon.com/federal-government-contracting/setting-the-standard-how-the-sba-determines-size-standards-for-small-businesses/) - In a recent post, we examined some proposed new size standards for manufacturing and other industries that utilize employee-based size standards. This probably got many of you wondering: How does the SBA determine what the size standards should be? It’s a good question, and today, we’re going to look at just that. Hopefully, this will
- [Back to Basics: EDWOSB Eligibility](https://smallgovcon.com/women-owned-small-business-program/back-to-basics-edwosb-eligibility/) - Last week, Nicole Pottroff went through the basics of eligibility for participation in the SBA’s Women-Owned Small Business (“WOSB”) Federal Contracting Program. Today, I’ll walk you through the additional eligibility requirements for participation in SBA’s Economically Disadvantaged Women-Owned Small Business (“EDWOSB”) Program as stated in 13 C.F.R. § 127.200(a). If it has you feeling a
- [SmallGovCon Week in Review: May 16-20, 2022](https://smallgovcon.com/uncategorized/smallgovcon-week-in-review-may-16-20-2022/) - Happy Friday, Readers! We've been as busy as bees this week here at SmallGovCon. We hope you have had a productive week, as well. The flowers are blooming, the crops are growing and the grass is greening up nicely here in Kansas. Here are a few articles on the happenings in federal government contracting this
- [Coming Soon: The SmallsCast Podcast](https://smallgovcon.com/events/coming-soon-the-smallscast-podcast/) - We invite you to tune into this informative podcast series hosted by The Smalls with discussions on federal government contracting. I just taped an episode with Nate Moser and it was a blast! In it, I discussed what we do at the firm to assist our federal government contracting clients, including things like drafting joint
- [Buy American Act Thresholds Are Going Up](https://smallgovcon.com/statutes-and-regulations/buy-american-act-thresholds-are-going-up/) - As we've written about, it seems like there have been more changes to the Buy American Act and domestic preferences in the last few years than in decades before that. Recently, the FAR Council issued a final rule that spells out how the domestic content thresholds will increase over the next few years. This rule
- [Back to Basics: WOSB Eligibility](https://smallgovcon.com/women-owned-small-business-program/back-to-basics-wosb-eligibility/) - To level the playing field for women business owners, the Federal Government limits competition for certain contracts to businesses participating in SBA's Women-Owned Small Business ("WOSB") Federal Contracting Program. Ideally, those contracts are for specific industries where WOSBs are historically underrepresented. And in fact, the Government even has certain WOSB contracting goals to encourage such
- [SmallGovCon Week in Review: May 9-13, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-9-13-2022/) - Happy Friday blog readers! Hope you are having a nice week. Kick back and relax with the latest federal contracting updates. This week saw some interesting federal contracting news. GAO has issued a new report on ways the federal government can potentially save billions of dollars in spending and improve efficiency of its programs. Additional stories include
- [Should We Discuss This? Agencies Required to Enter into Discussions with All Offerors in Competitive Range](https://smallgovcon.com/gaobidprotests/should-we-discuss-this-agencies-required-to-enter-into-discussions-with-all-offerors-in-competitive-range/) - If you google “GAO discussions,” you will likely see a multitude of results talking about “meaningful discussions.” Source selection authorities (SSA) are given a large amount of discretion beyond that. Despite the high level of discretion SSAs have, there are still certain boundaries that they must work within. These boundaries are premised on the fairness
- [GAO Sustains Protest to Solicitation's Implementation of Randolph-Sheppard Act](https://smallgovcon.com/gaobidprotests/gao-sustains-protest-to-solicitations-implementation-of-randolph-sheppard-act/) - GAO recently sustained a protest to the terms of a solicitation incorporating the Randolph-Sheppard Act (RSA). The RSA is a statutorily-prescribed preference for blind individuals in the operation of vending facilities (which include cafeterias, snack bars, and automatic vending machines) on Federal property. The protester here, the incumbent contractor and a non-RSA HUBZone concern, challenged
- [SmallGovCon Week in Review: May 2-6, 2022](https://smallgovcon.com/uncategorized/smallgovcon-week-in-review-may-2-6-2022/) - Happy Friday, Readers! The lilacs are blooming and this spring seems to be a particularly good year for them. We are enjoying their sweet scent as we stroll through the neighborhood when we get a dry day to do so. April showers are carrying over into May and we are all ready for some sunshine.
- [Industrial Expansion: Proposed New Size Standards for Manufacturing and Other Industries with Employee-Based Size Standards](https://smallgovcon.com/statutes-and-regulations/industrial-expansion-proposed-new-size-standards-for-manufacturing-and-other-industries-with-employee-based-size-standards/) - The SBA’s regulations state it will examine monetary-based size standards (e.g., receipts, net income, assets) at least once every five years and determine if adjustments are needed to those standards at such time. 13 C.F.R. § 121.102. But what about employee-based size standards? In fact, the same rule applies for reviewing and adjusting those standards
- [The FAR will Soon Allow Small Business Set-Asides Outside the US](https://smallgovcon.com/statutes-and-regulations/the-far-will-soon-allow-small-business-set-asides-outside-the-us/) - Small business federal contractors may soon want to think about getting new luggage. The FAR will be updated to allow for--but not require--small business set-asides in overseas procurements. This has the potential to open up a substantial number of contracting opportunities to small businesses who have the capabilities to compete. The final rule will be
- [SmallGovCon Week in Review: April 25-29, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-25-29-2022/) - Happy Friday, Readers! It's time for another addition of the Week in Review. This week saw a lot of interesting updates, including lots of programs for small business owners, a little news on CMMC, and some new initiatives to help contractors navigate the federal marketplace. Catch up on all the latest, and enjoy the weekend!
- [Top of the Class: 8(a) Early Graduation](https://smallgovcon.com/8a-program/top-of-the-class-8a-early-graduation/) - The SBA’s 8(a) Business Development Program is the crème de la crème of federal government contracting and there is a high bar to entry for admission. Among other things, individuals that are not a member of one of the recognized groups that is automatically presumed to be socially disadvantaged must prove they were socially disadvantaged
- [Back to Basics: Size Protests and Appeals](https://smallgovcon.com/sba-size-protests/back-to-basics-size-protests-and-appeals/) - When a business is poised to win a federal contract award set aside for small businesses, there is always the potential for a competitor to challenge that award on the basis that the proposed winner is not actually a small business based on SBA's size and affiliation rules. Or, if your company just lost an
- [New GovCon Handbook Coming Soon! Procedures and Pitfalls of Size Protests and Appeals](https://smallgovcon.com/sbaohadecisions/new-govcon-handbook-coming-soon-procedures-and-pitfalls-of-size-protests-and-appeals/) - Shane McCall announces the upcoming publication of Volume 5 of Koprince Law LLC GovCon Handbooks
- [SmallGovCon Week in Review, April 18-22, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-18-22-2022/) - Happy Friday, Readers! I hope you had a very productive week. It's hard to believe that we are almost through the month of April already and It won't be long before the kids are out of school. Parents get ready!!! The world of federal government contracting just seems to get busier and busier. This week
- [The DFARS Approach to Data Rights](https://smallgovcon.com/federal-government-contracting/the-dfars-approach-to-data-rights/) - We have discussed data rights in the general federal government context, now it is finally time to look at the DFARS’ approach to this area of intellectual property. One thing: The DFARS (Defense Acquisition Regulation Systems) does not replace the FAR. It is a supplement, not a completely different set of rules. That said, there
- [SmallGovCon Week in Review: April 11-15, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-11-15-2022/) - Hello, readers and happy Friday! The trees are starting to bloom here in the Midwest and they are beautiful but they have many of us sneezing. A small price to pay for warmer weather and a beautiful spring landscape. Am I right? This week in the federal government landscape world saw a hearing on the
- [MyGovWatch Live: The B2G Roundtable with Federal Contracts Attorney Nicole Pottroff: April 20, 2022 @ 1:00pm EDT](https://smallgovcon.com/uncategorized/mygovwatch-live-the-b2g-roundtable-with-federal-contracts-attorney-nicole-pottroff-april-20-2022-100pm-edt/) - Please join this informative Q & A session hosted by Nick Bernardo, the president and founder of MyWatchGov.com, as he speaks with Koprince McCall Pottroff LLC's equity partner, Nicole Pottroff, on April 20, 2022 at 1:00pm EDT. Nick has extensive experience helping "companies of all sizes figure out how to find, compete for, and actually
- [Polaris: GSA Releases Solicitations, New Q&A](https://smallgovcon.com/federal-government-contracting/polaris-gsa-releases-solicitations-new-qa/) - GSA recently released new solicitations for the Small Business Pool and the Women Owned Small Business Pool. The Q&A has some additional details on the Polaris solicitation. As we've written about, the purpose of the Polaris solicitation is to provide federal agencies with information technology services from qualified small businesses. I'll mention some of the
- [Back to Basics: 8(a) Program Eligibility](https://smallgovcon.com/8a-program/back-to-basics-8a-program-eligibility/) - In a recent post, we discussed the basics of SBA’s 8(a) Business Development Program, including general information, benefits, program terms, and how to apply. This follow-up post focuses on the basics of SBA's 8(a) eligibility requirements, discussing those in greater detail. To qualify for the 8(a) Program, a firm must be a small business that is unconditionally owned
- [SmallGovCon Week in Review: April 4-8, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-4-8-2022/) - Happy Friday, Readers! Our hometown Kansas Jayhawks won the NCAA National Basketball Championship and it's an understatement to say that we are very excited about it here in Lawrence, Kansas. Thousands of people took to the streets in downtown Lawrence on Monday night to celebrate the win and the energy was incredible! What a fun
- [New Senate Bill Takes Aim at Organizational Conflicts of Interest](https://smallgovcon.com/statutes-and-regulations/new-senate-bill-takes-aim-at-organizational-conflicts-of-interest/) - These days it often seems like both sides of the congressional aisle cannot agree on anything and bipartisan support is in short supply. However, one thing that Congress can agree on is the fact that organizational conflicts, which can lead to unfair advantages, have no place in Federal contracting. On March 23, 2022, Michigan Senator
- [Back to Basics: SBA’s 8(a) Business Development Program](https://smallgovcon.com/8a-program/back-to-basics-sbas-8a-business-development-program/) - If you’re a small business owner interested in government contracts, you’ve probably heard about the SBA’s 8(a) Business Development Program. The 8(a) Program itself is complex, and its eligibility rules are some of stricter rules out there; but its potential benefits are tremendous. In this Back to Basics post, I’ll break down some of the
- [Event: Government Contracts Update with UTSA PTAC](https://smallgovcon.com/events/event-government-contracts-update-with-utsa-ptac-2/) - Our attorneys will be presenting a Government Contracts Legal Update 2022 in cooperation with The University of Texas at San Antonio Institute for Economic Development PTAC. We will provide a comprehensive update on the most important government contracting legal changes of late 2021 and the first months of 2022. This free event will take place on
- [SmallGovCon Week in Review: March 28-April 1, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-28-april-1-2022/) - Happy April 1st, everyone! In honor of April Fools' Day, here are some noteworthy pranks over the years. In 1957, the BBC reported that Swiss farmers were experiencing a record spaghetti crop and showed footage of people harvesting noodles from trees. In 1985, Sports Illustrated writer George Plimpton tricked many readers when he ran a made-up article
- [SBA Issues Final Rule Increasing Some Size Standards](https://smallgovcon.com/statutes-and-regulations/sba-issues-final-rule-increasing-some-size-standards/) - SBA has issued final rules updating some of its size standards. Below are highlights from the recent size changes. Be sure to review the particular NAICS code on any upcoming solicitations to see if one of these increased size standards applies. SBA has issued final rules updating size standards in the categories summarized below. The
- [Introducing: SmallGovCon's "Back to Basics" Series](https://smallgovcon.com/back-to-basics/introducing-smallgovcons-back-to-basics-posts-series/) - We at SmallGovCon try to stay cognizant of the fact that there are new federal contractors every day, as well as seasoned companies venturing into the federal government contracting realm every day. As such, we are proudly introducing our new Back to Basics series of posts that will (yes, you guessed it) take you back
- [FAR Will Clarify Commercial Item Definition Into Services and Products](https://smallgovcon.com/statutes-and-regulations/far-will-clarify-commercial-item-definition-into-services-and-products/) - There will be a new definition for commercial items under the FAR, via a final rule effective December 6, 2021. The rule divides the definition into two separate categories: “commercial service” and “commercial product." Below, we'll summarize these changes to an important definition in federal contracting. The new definition stems from a change in the
- [Back to Basics: Joint Ventures](https://smallgovcon.com/back-to-basics/back-to-basics-joint-ventures/) - Many of our readers are familiar with a number of the nuances of joint ventures. In fact, in the past few years, many of you have utilized this nifty little concept! That said, for those of you newer to the government contracting business (and as a refresher for those who have been in this for
- [Department of the Interior Proposes Rules to Remove Barriers in Buy Indian Act Contracting Opportunities](https://smallgovcon.com/federal-government-contracting/indian-affairs-proposes-rules-to-remove-barriers-in-buy-indian-act-contracting-opportunities/) - The Department of the Interior (DOI) proposes to revise regulations implementing the Buy Indian Act, which provides the Department with authority to set aside procurement contracts for Indian-owned and controlled businesses. The proposed rule is to revise current procurement regulations that have created barriers to Indian Economic Enterprises (IEEs) from full participation in the DOI’s
- [SmallGovCon Week in Review: March 21-25, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-21-25-2022/) - Happy Friday, Readers. It's been an exciting March Madness so far and we are looking forward to our hometown Kansas Jayhawks basketball game later today. There have been some major upsets and we are hoping the Jayhawks can hang in there on the road to the championship. Fingers and toes are crossed. This week in
- [Limitations on Subcontracting Part 1: What They Are and How They Apply](https://smallgovcon.com/statutes-and-regulations/limitations-on-subcontracting-part-1-what-they-are-and-how-they-apply/) - Congratulations! Your woman-owned small business (WOSB), Sun Corp, has just been awarded a contract. This particular contract was set aside for WOSBs, meaning only WOSBs may be considered for award. Small Corp is a relatively new company, and you have determined that you will need some help to successfully complete performance of the contract. As
- [Webinar Event: UTSA SBDC – Top 10 Common Legal Mistakes for Federal Contractors](https://smallgovcon.com/events/webinar-event-utsa-sbdc-top-10-common-legal-mistakes-for-federal-contractors/) - Join me at the UTSA SBDC Government Contracting Conference - Building Business in Government Markets. I'll be discussing how federal contractors can avoid common legal mistakes. The event is March 30, 2022 from 9:00 AM - 3:30 PM central, and there are lots of interesting topics, all for free. I'll be presenting at 2 pm
- [Department of Defense Proposes Rule to Reauthorize and Improve the Mentor-Protégé Program](https://smallgovcon.com/federal-government-contracting/department-of-defense-proposes-rule-to-reauthorize-and-improve-the-mentor-protege-program/) - The Department of Defense (DoD) has proposed to revise the Defense Federal Acquisition Regulations (DFARS) to reauthorize and improve the DoD Mentor-Protégé Program (MPP). The primary purpose of the proposed rule (Proposed Rule) is to reauthorize the DoD MPP, provide incentives to large DoD contractors to serve as mentors to small businesses, and extend opportunities
- [SmallGovCon Week in Review: March 14-18, 2022](https://smallgovcon.com/uncategorized/smallgovcon-week-in-review-march-14-18-2022/) - Happy Friday! We hope you were able to get out an enjoy the St. Patrick's Day festivities this week and the start of March Madness. As the hometown of the #1 seeded Kansas Jayhawks, we are especially excited about the NCAA tournament. We have our brackets locked in and are hoping for another fun ride!
- [SBA Confirms that Size Status Relates Back to Time of Offer, Even After Sale of Small Business](https://smallgovcon.com/sbaohadecisions/sba-confirms-that-size-status-relates-back-to-time-of-offer-even-after-sale-of-small-business/) - Over the years, SBA size regulations have included the general rule that the size status of a business generally relates back the time of initial offer on a contract. Therefore, a small business generally stays small for the duration of a federal contract, with some exceptions. However, there was also language in the rule that
- [Event: Compliant and Effective Teaming Agreements, Joint Ventures & Subcontracts – 3-Part Series (2022 Update), March 22-24, Hosted by Govology](https://smallgovcon.com/uncategorized/event-compliant-and-effective-teaming-agreements-joint-ventures-subcontracts-3-part-series-2022-update-march-22-24-hosted-by-govology/) - Koprince McCall Potroff LLC is presenting a 3-part series focused on teaming agreements, joint venture agreements and subcontracts which can be essential to winning and successfully performing federal government contracts. Shane McCall and Nicole Pottroff explain how to develop, negotiate and administer agreements that are both compliant and effective for both small and large contractors.
- [Other Transaction Authority? What Other Transaction Authority? – A Look at OTA](https://smallgovcon.com/federal-government-contracting/other-transaction-authority-what-other-transaction-authority-a-look-at-ota/) - Ah, the Federal Acquisition Regulations, or FAR. Quite numerous and complex, yes, but they provide a standardized set of rules and procedures that govern federal government procurements. Regardless of what contract you’re dealing with (other than a few exceptions such as the FAA, which is not subject to the FAR), you can be sure that
- [SmallGovCon Week in Review: March 7-11, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-7-11-2022/) - If March is supposed to come in like a lion and leave like a lamb, we are certainly still in the lion stage this week, with another winter snow storm that arrived here yesterday. No worries, however, because next week the lamb arrives with 70 degree weather and we are ready for it. Hopefully, this
- [SBA’s Paycheck Protection Program: Affiliation Still Matters](https://smallgovcon.com/statutes-and-regulations/sbas-paycheck-protection-program-affiliation-still-matters/) - The SBA’s Paycheck Protection Program went into effect March 27, 2020. At that time many business owners faced confusion in trying to navigate the affiliation rules to determine their company’s eligibility for the program. Fast forward nearly two years and many businesses that received Paycheck Protection Loans have submitted applications for forgiveness of those loans.
- [Happy International Women’s Day From All of Us at SmallGovCon!](https://smallgovcon.com/events/happy-international-womens-day-from-all-of-us-at-smallgovcon/) - We at SmallGovCon just wanted to take a minute to wish all the amazing women out there a Happy International Women’s Day! And we would like to send an extra-special shout-out to all of our WOSBs and EDWOSBs while we are at it! It's been a big year for you all with SBA's implementation of
- [SBA Proposes to Eliminate Some Nonmanufacturer Rule Class Waivers](https://smallgovcon.com/statutes-and-regulations/sba-proposes-to-eliminate-some-nonmanufacturer-rule-class-waivers/) - SBA is currently considering terminating some class waivers for its small business Nonmanufacturer Rule, as it has received information to established the existence of small business manufacturers ofthe subject products. As SBA explains, the Nonmanufacturer Rule is the "requirement that recipients of Federal supply contracts issued as a small business" or other socioeconomic set-asides (8(a)
- [SmallGovCon Week in Review: February 28- March 4, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-28-march-4-2022/) - Hello, Readers. As we move into spring, we at SmallGovCon have been observing the optimism of nature as winter releases its grip. Small green plant shoots are pushing their way up towards the sunshine and the trees are preparing to bud as our temperatures warm up. The birds are getting involved as well. There's no
- [Control Matters: For SDVOSB Companies, Pay Attention to Appearances as Well as Realities](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/control-matters-for-sdvosb-companies-pay-attention-to-appearances-as-well-as-realities/) - The case of Superior Optical Labs, Inc. (Superior) v. United States focuses on the control of a Service-Disabled Veteran Owned Small Business (SDVOSB) and how that control, or more precisely, lack of control, can disqualify an SDVOSB with 69% service-disabled veteran ownership from a solicitation set aside for SDVOSBs. This particular Solicitation was set aside
- [Transformers: Offerors in Disguise – GAO Sustains Protest Regarding Evaluation Based on Separate Offers from the same Offeror](https://smallgovcon.com/gaobidprotests/transformers-offerors-in-disguise-gao-sustains-protest-regarding-evaluation-based-on-separate-offers-from-the-same-offeror/) - Without wanting to make the audience feel too old, I was not yet born when Transformers was a pop culture phenomenon. Still, it’s a simple but fun concept: robots that transform to and from cool vehicles. Regardless of what form they take, they are still the same character. The same cannot be said of government
- [SmallGovCon Week in Review, February 21-25, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-21-25-2022/) - Happy Friday, Readers. There were several announcements this week such as President Biden signing into law the Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions (PRICE) Act of 2021, expanding the opportunities for small businesses to work with the Federal government. And several associations that represent federal contractors are highlighting operational and workforce challenges
- [SBA's Approach to Monitoring 8(a) Firms is Focused on Eligibility Rather than Business Development, Says SBA's OIG](https://smallgovcon.com/8a-program/sbas-approach-to-monitoring-8a-firms-is-focused-on-eligibility-rather-than-business-development-says-sbas-oig/) - Last week, the SBA's Office of Inspector General (OIG) issued a report, entitled "SBA’s Business Development Assistance to 8(a) Program Participants." The report detailed the OIG's recent audit of the SBA's 8(a) Business Development Program to "determine to what extent SBA measures and monitors an 8(a) firm’s progress toward achieving individual business development goals" and
- [House Passes Senate Bill to Modernize Processes to Increase Small Business Participation in Federal Contracting](https://smallgovcon.com/statutes-and-regulations/house-passes-senate-bill-to-modernize-processes-to-increase-small-business-participation-in-federal-contracting/) - The House recently passed Senate Bill 583, titled the “Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions (PRICE) Act.” The Price Act would require the Department of Homeland Security (DHS) to report projects from its Procurement Innovation Lab (PIL) that have used innovative techniques to help modernize contracting procedures. The bill would
- [What's on SBA's Regulatory Plate for 2022? A Hint: Increased Size Standards](https://smallgovcon.com/statutes-and-regulations/whats-on-sbas-regulatory-plate-for-2022-a-hint-increased-size-standards/) - SBA publishes its semiannual Regulatory Agenda to provide an update on the various rules it has in the pipeline and an estimate for when they will be published or become final. While SBA doesn't have to meet these timeframes, it's always good to check in on what SBA has been working on when the final
- [SmallGovCon Week in Review: February 14-18, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-14-18-2022/) - Happy Friday, Readers! We hope you had a wonderful Valentine's Day and a very productive week. Another winter storm blew in on Thursday and we received 7 inches of snow. But do you know what we say in Kansas? "If you don't like the weather, wait a minute. " By Monday we will reach a
- [Event: Top 21 Legal Mistakes in Federal Government Contracting, Hosted by EPHCC](https://smallgovcon.com/uncategorized/event-top-21-legal-mistakes-in-federal-government-contracting-hosted-by-ephcc/) - Koprince McCall Pottroff LLC presents a webinar hosted by EPHCC that covers important legal concepts in federal government contracting that are easy to get wrong. Federal contracting rules and laws are complicated, and the rules aren’t always intuitive. Many contractors make legal mistakes routinely, involving everything from completing SAM profiles to calculating small business size to communicating with government contracting officers. The
- [Webinar Event: Ohio PTAC - Top 10 Legal Misconceptions in Federal Contracting and Pending Legal Changes](https://smallgovcon.com/uncategorized/webinar-event-ohio-ptac-top-10-legal-misconceptions-in-federal-contracting-and-pending-legal-changes/) - Hello Readers! In this webinar hosted by the Ohio PTAC, attorneys Nicole Pottroff and John Holtz will be pointing out and helping you avoid common legal mistakes in federal government contracting. Join us this Thursday (February 17) by registering here.
- [Can't Pad Key Personnel Résumé, Says GAO](https://smallgovcon.com/gaobidprotests/cant-pad-key-personnel-resume-says-gao/) - GAO recently sustained a protest to the evaluation of an awardee's management approach based on a material misrepresentation in its proposed key personnel experience (that the protester found on Linkedin, no less). And GAO found the misrepresentation was material because the agency relied upon it, and it significantly impacted the agency's evaluation. Let's take a
- [SmallGovCon Week in Review: February 7-11, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-february-7-11-2022/) - Happy Friday, Blog Readers! We are sad that our Kansas City Chiefs will not be playing in the Super Bowl, this Sunday, but nevertheless it should be a competitive game and fun to watch. If you are heading out to that Super Bowl Party or just staying in this weekend, we thought we would share
- [Webinar Event: FAR Supplement - AFFARS - Air Force](https://smallgovcon.com/uncategorized/webinar-event-far-supplement-affars-air-force/) - Hello Readers! If you work with the Air Force, you might find it helpful to get an overview of the supplement FAR provisions that the Air Force applies to its procurements. Attorneys Nicole Pottroff and Kevin Wickliffe break down the AFFARS for you in this complimentary webinar. Join us next Wednesday (February 16) by registering
- [FAR Council Seeks to Address Climate Change in Federal Contracting](https://smallgovcon.com/statutes-and-regulations/far-council-seeks-to-address-climate-change-in-federal-contracting/) - In response to an Executive Order, the FAR Council has recently proposed to amend the FAR in an effort to ensure that major federal procurements will minimize the risk of climate change. And DoD, GSA, and NASA sought the public's input on the issue. Let's take a closer look. The FAR Council issued an advance
- [Webinar Event: FAR Supplement - AFARS - Army](https://smallgovcon.com/uncategorized/webinar-event-far-supplement-afars-army/) - Hello Readers! If you work with the army, you might find it helpful to get an overview of additional FAR regulations that the army has to abide by. Attorneys Nicole Pottroff and John Holtz break down the AFARS for you in this complimentary webinar. Join us tomorrow by registering here.
- [Upcoming Koprince McCall Pottroff LLC Events - February 2022](https://smallgovcon.com/events/upcoming-koprince-mccall-pottroff-llc-events-february-2022/) - Hello Readers! We have three events this month that we'd like to invite you to attend. All three events are complimentary, so we hope to see you there! First off, on February 9, we have a webinar about the FAR Supplement for 2022 that is specific to the Army - AFARS. The presenters for this
- [Is the End Near? NITAAC Releases CIO-SP4 Amendments 15 and 16](https://smallgovcon.com/federal-government-contracting/is-the-end-near-nitaac-releases-cio-sp4-amendments-15-and-16/) - Additional changes to the submission date and the self-scoring requirements for CIO-SP4 offers make up the latest batch of amendments published by the National Institutes of Health Information Technology Acquisition and Assessment Center, leaving offerors hopeful the latest changes will be the last in a long string of amendments. Amendment 15 pushes back the submission
- [SmallGovCon Week In Review: January 31-February 4, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-31-february-4-2022/) - Happy February, Readers! We had some excitement this week when a winter snowstorm moved into our neck of the woods. I'm happy to report that all is well and the streets have been cleared by our vigilant city road crews whom we are very grateful for. It sure was a beautiful, snowy site. There was
- [Picking Your Team: Joint Ventures Versus Prime/Subcontractor Teams (Part Three, Relationships)](https://smallgovcon.com/federal-government-contracting/picking-your-team-joint-ventures-versus-prime-subcontractor-teams-part-three-relationships/) - Federal contractors often ask: "It is better to team up for government work with a prime-sub arrangement or with a joint venture?" Well, (spoiler alert) the answer is: it depends. But I won't leave you with just that. This three-part series will provide insight on some of the major differences between these two types of
- [Picking Your Teams: Joint Ventures Versus Prime/Subcontractor Teams (Part One, Workshare)](https://smallgovcon.com/federal-government-contracting/picking-your-teams-joint-ventures-versus-prime-subcontractor-teams-part-one-workshare/) - Federal contractors often ask: "Is it better to team up for government work with a prime-sub arrangement or with a joint venture?" Well, (spoiler alert) the answer is: it depends. But I won't leave you with just that. This three-part series will provide insight on some of the major differences between these two types of
- [Picking Your Team: Joint Ventures Versus Prime/Subcontractor Teams (Part Two, Past Performance)](https://smallgovcon.com/statutes-and-regulations/picking-your-team-joint-ventures-versus-prime-subcontractor-teams-part-two-past-performance/) - Federal contractors often ask: "Is it better to team up for government work with a prime-sub arrangement or with a joint venture?" Well, (spoiler alert) the answer is: it depends. But I won't leave you with just that. This three-part series will provide insight on some of the major differences between these two types of
- [IHS Issues Final Rules Implementing the Buy Indian Act](https://smallgovcon.com/statutes-and-regulations/ihs-issues-final-rules-implementing-the-buy-indian-act/) - On January 13, 2022 the Secretary of the Department of Health and Human Services (HHS) issued its Final Rule governing the implementation of the Buy Indian Act (Act). This rule clarifies the preference for Indian-owned and controlled businesses and removes barriers by alleviating unnecessary regulatory burdens. If you’re a frequent visitor to our blogs, you
- [SmallGovCon Week in Review: January 24-28, 2022](https://smallgovcon.com/uncategorized/smallgovcon-week-in-review-january-24-28-2022/) - Happy Friday, Readers! We have a fresh batch of federal government contracting articles for you. Yes, we're all tired of dealing with COVID-19, but it's important to stay up-to-date, so we have the latest news about the vaccine mandates and how the pandemic has affected contracts for you. In fact, Shane McCall, Equity Partner of
- [White House Releases New Details on Made in America Council to Make Domestic Preferences More Uniform](https://smallgovcon.com/federal-government-contracting/white-house-releases-new-details-on-made-in-america-council-to-make-domestic-preferences-more-uniform/) - The White House has announced the launch of a Made in America Council, which will be the overarching group to "coordinate and advance the Made in America Office’s work across the entirety of the Federal Government." This represents a new strategy for things like the Buy American Act and related policies, because it will try
- [CIO-SP4 Amendments 12, 13, 14 Update Submission Date and Experience Reporting Method](https://smallgovcon.com/federal-government-contracting/cio-sp4-amendments-12-13-14-update-submission-date-and-experience-reporting-method/) - The National Institutes of Health (NIH) NITAAC has been busy over the past month with three amendments to the CIO-SP4. Amendments 12, 13, and 14 primarily revise submission dates and make changes to the reporting of past experience examples. Below is a summary of the pertinent details from these amendments, as we know this is
- [Data Rights and the Government Contractor: Restricted Computer Software](https://smallgovcon.com/statutes-and-regulations/data-rights-and-the-government-contractor-restricted-computer-software/) - After going over limited data rights in our last post on intellectual property in government contracts, it is only natural we discuss the similar but distinct concept of restricted computer software. As we noted in the limited data rights post, this only concerns contracts regulated by FAR, or, in other words, non-Department of Defense contracts.
- [SmallGovCon Week in Review: January 17-21, 2022](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-january-17-21-2022/) - Hello, Readers. We're feeling the effects of the cold snap here in Lawrence, KS. If you are, too, we hope you're keeping warm. There's nothing like a mug of hot chocolate, a soft blanket, indoor heating, and (of course) a roundup of the week's federal contracting news to fight the chill. As usual, we've got
- [GAO Sustains Protest Where Agency Fails to Properly Justify "Brand Name Only" Requirement](https://smallgovcon.com/gaobidprotests/gao-sustains-protest-where-agency-fails-to-properly-justify-brand-name-only-requirement/) - When an agency restricts a solicitation to a single brand-name, the agency must appropriately justify its decision, even where the solicitation is competed among holders of a governmentwide acquisition contract. In a recent case, the GAO sustained a protest, holding that an agency violated the FAR by failing to properly justify its brand-name restriction. The
- [Celebrating the Legacy of Martin Luther King Jr.](https://smallgovcon.com/events/celebrating-the-legacy-of-martin-luther-king-jr/) - Today we celebrate the life and legacy of Martin Luther King Jr. After King’s death, U.S. Representative John Conyers and U.S. Senator Edward Brooke introduced a bill in Congress to make King’s birthday a national holiday. The holiday was observed for the first time on January 20, 1986. We remember Dr. King as a fierce advocate
- [SmallGovCon Week in Review: January 10-14, 2022](https://smallgovcon.com/uncategorized/smallgovcon-week-in-review-january-10-14-2022/) - Greetings, Readers. We hope your 2022 is off to a great start and your new year resolutions haven't been kicked to the curb, as of yet. We are excited about the Wild Card Playoff game this weekend between our Kansas City Chiefs and the Pittsburgh Steelers. It's been a wild ride this season but the
- [GAO Tested SBA on its Tribal 8(a) Verification Process and Found It Mostly Held Up](https://smallgovcon.com/8a-program/gao-tested-sba-on-its-tribal-8a-verification-process-and-found-it-mostly-held-up/) - Federal and state-recognized Indian tribes and members of such tribes are presumptively socially disadvantaged, and if tribal association is verified, no further information is needed to verify social disadvantage for a Small Business Association (SBA) 8(a) program application. However, in 2021, the SBA Office of Inspector General (OIG) reported that, although the process for awarding 8(a) program status involves a multi-level eligibility review, the SBA does not have
- [Webinar Event: Limitations on Subcontracting: A Step-by-Step Compliance Guide (Update 2022)](https://smallgovcon.com/uncategorized/webinar-event-limitations-on-subcontracting-a-step-by-step-compliance-guide-update-2022/) - Koprince McCall Pottroff LLC will be presenting a webinar hosted by Govology, Limitations on Subcontracting: A Step-by-Step Compliance Guide will be on January 20 at 1:00pm EST. In this webinar, government contracts attorneys Shane McCall and John Holtz will help you make sense of the limitations on subcontracting. Using a step-by-step process and plenty of examples
- [Webinar Event: Pub K Annual Review Panel - Small Business Contracting Panel](https://smallgovcon.com/events/webinar-event-pub-k-annual-review-panel-small-business-contracting-panel/) - Equity Partner Shane McCall, will be one of three panelists presenting a joint webinar hosted by Pub K. The Pub K Annual Review is always a great event and there are many other interesting panels going on as well. Small business topics covered in the webinar include: increasing small business participation, regulatory updates, and joint
- [Appeals Court Upholds Preliminary Injunction on COVID-19 Federal Contractor Vaccine Mandate](https://smallgovcon.com/covid-19/appeals-court-upholds-preliminary-injunction-on-covid-19-federal-contractor-vaccine-mandate/) - On Wednesday, January 5, 2022, the U.S. Court of Appeals for the Sixth Circuit issued another setback to the COVID-19 vaccine mandate for federal government contractors. In its opinion, the four-judge panel upheld the November 30, 2021 preliminary injunction and denied the Government’s request to stay the injunction “because the government has established none of
- [SmallGovCon Week in Review: January 3-7, 2022](https://smallgovcon.com/uncategorized/smallgovcon-week-in-review-january-3-7-2022/) - Happy new year, Readers! After a very mild start to our Winter season we are experiencing frigid temperatures here in the Midwest to start off 2022. As old man winter makes his arrival we are very grateful to live and work in a climate controlled environment. Thank goodness for heat and warm coats! There was
- [Top SmallGovCon Posts of 2021](https://smallgovcon.com/federal-government-contracting/top-smallgovcon-posts-of-2021/) - 2021 was a big year for many reasons, among them the continued COVID-19 pandemic and the government's responses to the pandemic, including the various vaccine mandates and lawsuits challenging those mandates. But there were also lower-profile changes and updates to the federal contracting world. Below, I'll explore the posts that were most popular in 2021,
- [Loose Lips Sink Ships: Award Revoked for Relying on Inside Information from Former Navy Officials](https://smallgovcon.com/gaobidprotests/loose-lips-sink-ships-award-revoked-for-relying-on-inside-information-from-former-navy-officials/) - We want to make something clear: simply having a former government official as an employee does not mean your company can’t bid on federal contracts or needs to let that person go. The government, while it puts certain restrictions in place, doesn’t forbid government contractors from hiring former government employees, and it can be very
- [A Very Joyful Announcement from Koprince McCall Pottroff LLC!](https://smallgovcon.com/uncategorized/a-very-joyful-announcement-from-koprince-mccall-pottroff-llc/) - We are so very happy to announce that Nicole Pottroff and husband, Kenny Flanders, along with big brother Robert have a new family member! Franklin Alan Flanders was born on Christmas Eve, weighing in at 7 lbs. 8 oz! Mom and baby are at home and doing well. What a wonderful gift for the holidays.
- [Final 2022 NDAA Draft Allows HUBZone Appeals](https://smallgovcon.com/hubzone-program/final-2022-ndaa-draft-allows-hubzone-appeals/) - The final version of the 2022 National Defense Authorization Act, agreed upon by negotiators for both the House and Senate and signed by the president, will allow the SBA's Office of Hearings and Appeals to hear appeals related to the SBA's HUBZone status decisions. We here at Koprince McCall Pottroff LLC welcome the pending change,
- [SmallGovCon Week in Review: December 20-31, 2021](https://smallgovcon.com/uncategorized/smallgovcon-week-in-review-december-20-31-2021/) - Happy Holidays, Readers! We hope you have been enjoying this holiday season with friends and family while staying safe and healthy. Since many of you (and folks in our office) are taking some time off this holiday season, we're bringing you two weeks in review for the end the year. Thank you so much for
- [SmallGovCon Welcomes Stephanie Ellis](https://smallgovcon.com/events/smallgovcon-welcomes-stephanie-ellis/) - I am pleased to announce that Stephanie Ellis has joined our team of government contracts attorney-authors here at SmallGovCon. Stephanie is an associate attorney with Koprince McCall Pottroff LLC, where her practice focuses on federal government contracts law. Before joining our team, Stephanie worked for the Kansas Securities Commissioner, enforcing the Kansas Securities Act through civil, criminal, and administrative
- [Keep Registrations in SAM Current to Avoid Loss of SDVOSB Verification](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/stephanie-ellis/) - The decision in Bravo Federal Consulting, LLC, SBA No. CVE-213 (Dec. 1, 2021) is both an important reminder of the importance of keeping all database information up to date and a cautionary tale of the unfortunate consequences that can happen when you don’t. In that decision, SBA’s Office of Hearings and Appeals (OHA) denied an appeal by Bravo Federal Consulting, LLC (Bravo). Bravo submitted a request to change its name, setting off a chain
- [White House Proposes Reforms to Increase Dollars to Underserved Small Businesses](https://smallgovcon.com/statutes-and-regulations/white-house-proposes-reforms-to-increase-dollars-to-underserved-small-businesses/) - Small businesses are often seen as the backbone of the economy. Contained within the category of small businesses are what are known as Small Disadvantaged Businesses or SDBs. Currently, the federal government has a goal to award 5% of its contracting dollars to SDBs. The White House is seeking to triple this number by 2025.
- [Happy Holidays from SmallGovCon!](https://smallgovcon.com/uncategorized/happy-holidays-from-smallgovcon-2/) - Happy eve of Christmas Eve, readers! Here's hoping the shopping is done and the presents are all wrapped and under the tree. Even though we are living in uncertain times, there is much to be grateful for this holiday season. Thank you for all of your support this past year and thanks for letting us
- [2022 NDAA Requires Prompt SAM Update If SBA Issues Adverse Size Determination](https://smallgovcon.com/sba-size-protests/2022-ndaa-requires-prompt-sam-update-if-sba-issues-adverse-size-determination/) - If, as the result of a size protest or appeal, the SBA makes a final determination that a company is not a small business, the company will be required to update SAM within two days to reflect that it is no longer small. And if the company doesn't recertify within two days, the SBA will
- [Appeals Court Reinstates Large Business Vaccine Mandate](https://smallgovcon.com/covid-19/appeals-court-reinstates-large-business-vaccine-mandate/) - On Friday, a US Appeals Court overturned the temporary halt on the vaccine mandate for large businesses. This is interesting to note because some of the same analysis used in connection with whether the large business mandate is enforceable could apply to the contractor vaccine mandate. The OSHA mandate applied to employers with 100 or
- [SmallGovCon Week in Review: December 13-17, 2021](https://smallgovcon.com/uncategorized/smallgovcon-week-in-review-december-13-17-2021/) - Hello, Readers! Can you believe we're more than halfway through December already? The holidays are upon us! Houses are decorated with twinkling lights. There's a chill in the air (a relief after the odd 70 degree and high winds that hit the Midwest recently). Items are flying off of store shelves. Hopefully despite all that
- [GAO Confirms that Novations Work: Agency Properly Recognized Buyer of Contract as Awardee](https://smallgovcon.com/gaobidprotests/gao-confirms-that-novations-work-agency-properly-recognized-buyer-of-contract-as-awardee/) - The Anti-Assignment Act (41 U.S.C. § 6305) prohibits the transfer of a government contract or interest in a government contract to a third party. However, government agencies recognized that contractors are on occasion bought, sold, merged, or simply encounter circumstances upon which it becomes desirable or necessary for them to assign a government contract to
- [Agency Properly Rejected Bidder for Listing COVID-19 as a "Force Majeure" Event](https://smallgovcon.com/gaobidprotests/agency-properly-rejected-bidder-for-listing-covid-19-as-a-force-majeure-event/) - For government contractors, trying to predict how COVID-19 might affect a government project can be extraordinarily challenging task. One bidder recently attempted to provide some clarity by stating, in its bid, that COVID-19 was a "force majeure event" and that the bidder would be entitled to extra time if COVID-19 affected the project. Unfortunately for
- [SmallGovCon Week in Review: December 6-10, 2021](https://smallgovcon.com/uncategorized/smallgovcon-week-in-in-review-december-6-10-2021/) - Good day, Readers! The holidays are quickly approaching and everything is looking festive and bright here in Lawrence, Kansas. The annual tradition of Santa being recued from the roof of one of our local department stores occurred and you will be happy to know that he is safe to circle the globe once again this
- [Event: 8(a) Joint Ventures Webinar, Hosted by El Paso SBA](https://smallgovcon.com/8a-program/event-8a-joint-ventures-webinar-hosted-by-el-paso-sba/) - Koprince McCall Pottroff LLC will be presenting a webinar hosted by the El Paso SBA that covers an important topic in federal government contracting - 8(a) Joint Ventures. In this webinar, government contracts attorneys Shane McCall and John Holtz cover the basics of joint ventures, the specifics of 8(a) joint ventures (including SBA requirements), and
- [GAO Finds CIO-SP4 Unduly Restrictive; Recommends Amendment](https://smallgovcon.com/gaobidprotests/gao-finds-cio-sp4-unduly-restrictive-recommends-amendment/) - For practically the entire summer of 2021, we observed (and commented on) NIH’s numerous amendments to its long-awaited CIO-SP4 solicitation after it was finally issued in May 2021. By the time the deadline for proposals finally came, it had been amended eleven (!) times. Even with all those amendments, however, it appears that at least
- [Breaking: Judge Imposes Nationwide Injunction on Vaccine Mandate](https://smallgovcon.com/federal-government-contracting/breaking-judge-imposes-nationwide-injunction-on-vaccine-mandate/) - A federal judge in Georgia has recently imposed a nationwide injunction on the federal contractor vaccine mandate. This will likely be appealed, but for now, here are the key points from the decision. The judge looked closely at what law allowed the president to impose this mandate. Specifically, the the Federal Property and Administrative Services
- [SmallGovCon Week in Review: November 29 - December 3, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-november-29-december-3-2021/) - Happy December, All! Can you believe we are almost to the end of 2021? It seems this year has flown by! Hope everyone is recovering nicely from Thanksgiving. There was a lot of news this week about the vaccine mandate being temporarily halted in several states with the outcome yet to be decided. We have
- [Agencies May Rely on Offerors' Buy American Act Certifications Unless "Reason to Believe" Non-Compliance](https://smallgovcon.com/gaobidprotests/agencies-may-rely-on-offerors-buy-american-act-certifications-unless-reason-to-believe-non-compliance/) - When an offeror submits a certification that its products qualify as domestic for purposes of the Buy American Act, an agency ordinarily may rely on that certification without further investigation, unless the agency has reason to believe that the products will not be compliant. In a recent bid protest decision, the GAO held that an
- [Event: 2021 Government Contracts Year-End Review Webinar, Hosted By Govology](https://smallgovcon.com/events/event-2021-government-contracts-year-end-review-webinar-hosted-by-govology/) - Here at Koprince McCall Pottroff LLC, we're ready to put a wrap on 2021. Join us and our friends at Govology on December 9 as we look back at federal government contracting from the past year. In this webinar, government contracts attorneys Shane McCall and Steven Koprince cover the most important legal developments for federal
- [Event: What Government Contractors Should Know About the Vaccine Mandate Webinar, Hosted by Catalyst](https://smallgovcon.com/events/event-what-government-contractors-should-know-about-the-vaccine-mandate-webinar-hosted-by-catalyst/) - If you missed it before, here's your chance to attend one of Koprince McCall Pottroff LLC's most popular webinars. Please join me, Shane McCall, and Steven Koprince on December 1 for this informative webinar hosted by Catalyst on the vaccine mandate. We will cover which contractors and subcontractors must comply, which employees are covered, when
- [Event: The Basics of Small Business Limitations on Subcontracting and Nonmanufacturer Rule Compliance Webinar, Hosted by EPHCC](https://smallgovcon.com/events/event-the-basics-of-small-business-limitations-on-subcontracting-and-nonmanufacturer-rule-compliance-webinar-hosted-by-ephcc/) - Koprince McCall Pottroff LLC presents a webinar hosted by EPHCC that covers two important topics in federal government contracting - Limitations on Subcontracting and the Nonmanufacturer Rule. For small businesses and their teammates, few topics in government contracting are as confusing as the limitations on subcontracting for set-aside and socioeconomic sole source contracts. And if
- [Update: Federal Court Enjoins Contractor Vaccine Mandate in 3 States](https://smallgovcon.com/statutes-and-regulations/update-federal-court-enjoins-contractor-vaccine-mandate-in-3-states/) - A federal judge in Kentucky has enjoined the federal government from enforcing the federal contractor vaccine mandate in three states. As of November 30, 2021, a judged issued a preliminary injunction against the contractor mandate for Kentucky, Ohio, and Tennessee. The judge stated: This is not a case about whether vaccines are effective. They are.
- [Key Personnel Unavailability Leads to Sustained GAO Protest](https://smallgovcon.com/gaobidprotests/key-personnel-unavailability-leads-to-sustained-gao-protest/) - Key personnel are an important term in many proposals. Establishing the resume, experience, and availability of personnel that will perform major functions of a contract is a key (dad joke) aspect of a winning proposal. As one offeror found out, when key personnel become unavailable, the technical acceptability of the entire offer can be in
- [Five Things I've Learned as a Government Contracts Lawyer](https://smallgovcon.com/federal-government-contracting/five-things-ive-learned-as-a-government-contracts-lawyer/) - As many readers know, I am retiring from private legal practice to focus on teaching, writing, and other interests. The wonderful team of government contracts professionals here at Koprince McCall Pottroff will continue assisting contractors with their legal needs. I couldn't be prouder of our wonderful team of attorneys and staff! For my last SmallGovCon
- [Happy Thanksgiving & Native American Heritage Day from SmallGovCon](https://smallgovcon.com/uncategorized/happy-thanksgiving-native-american-heritage-day-from-smallgovcon/) - It's that time of year to gather with friends and family and feast on some wonderful comfort food. We have been polling our staff on their favorite holiday dish and the answers have ranged from pumpkin pie to turkey to the traditional green bean casserole. They all sound good to me! We have a lot
- [The SBA Proposes New Rules to Help Small Businesses in Obtaining Past Performance](https://smallgovcon.com/statutes-and-regulations/the-sba-proposes-new-rules-to-help-small-businesses-in-obtaining-past-performance/) - The SBA proposes to amend its regulations to implement new provisions of the National Defense Authorization Act (NDAA) for fiscal year 2021 that provides small business contractors with new tools to establish past performance when bidding on prime contracts for Government procurements. The proposed rules would add two new methods for small businesses to obtain
- [2021 GAO Bid Protest Report Reveals Nearly Half of Protests are Successful](https://smallgovcon.com/reports/2021-gao-bid-protest-report-reveals-nearly-half-of-protests-are-successful/) - GAO has released its annual bid protest report. Along with mashed potatoes and stuffing, it's one of our favorite holiday traditions at SmallGovCon. This report came over a month earlier than last year, making this more of a Thanksgiving treat than Christmas this year. A couple key takeaways are (1) the key effectiveness metric, showing
- [SmallGovCon Week in Review: November 15-19, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-november-15-19-2021/) - Happy Friday, Readers! Next week is Thanksgiving and we have a lot to be thankful for here at Koprince McCall Pottroff LLC, especially with everyone remaining healthy this year. It's time to break out the stretchy pants and feast on the traditional turkey and pumpkin pie along with watching a few football games, a parade
- [Franchise Agreement Terms Sink Company's SDVOSB Application](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/franchise-agreement-terms-sink-companys-sdvosb-application/) - It's a refrain that my colleagues and I have often heard: if you're a franchisee, it can be really, really hard--perhaps almost impossible--to be verified as a service-disabled veteran-owned small business. A recent case demonstrates the difficulties in obtaining SDVOSB status as a franchisee. In the case, the SBA's Office of Hearings and Appeals held
- [Data Rights and the Government Contractor: Limited Data Rights](https://smallgovcon.com/statutes-and-regulations/data-rights-and-the-government-contractor-limited-data-rights/) - In our last post on intellectual property and government contracts, we went over a basic discussion about data rights and then addressed the matter of unlimited data rights for the government. As discussed, unlimited data rights basically give the government free rein to do as they wish with the data. More importantly, the FAR provides
- [SmallGovCon Week in Review: November 8-12, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-november-8-12-2021/) - Happy Friday! We hope you had a wonderful and reflective Veteran's day. I just got back from speaking at the APTAC Fall Conference on the big changes that will be taking place in the SDVOSB certification program, along with other legal updates. Thanks to the many wonderful people at APTAC, including Allen Waldo, who helped
- [SBA Updates Veteran Surviving Spouse Rule](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/sba-updates-veteran-surviving-spouse-rule/) - A proposed rule from SBA will make changes to the SDVOSB rules. SBA has modified its rules allowing surviving spouses to continue owning Service-Disabled Veteran-Owned Small Businesses after the veteran owner has passed away. This should provide some help to spouses of disabled veterans. SBA has updated a few dollar thresholds as well. SDVOSB Surviving
- [SmallGovCon Salutes Veterans](https://smallgovcon.com/events/smallgovcon-salutes-veterans/) - Today, SmallGovCon salutes veterans and the families of veterans who have served our country. Veterans have given their time, resources, and lives for the protection of our country. We especially honor those sacrifices today, and the sacrifices of their families. On this Veterans Day, let us remember what the members of the armed services have
- [SBA Proposes Rule to Use 24-Month Period to Calculate Number of Employees](https://smallgovcon.com/statutes-and-regulations/sba-proposes-rule-to-use-24-month-period-to-calculate-number-of-employees/) - The SBA has released a proposed rule to use a 24-month period to calculate a company's number of employees for eligibility purposes in all of SBA's programs. This change will affect any business seeking to qualify as small under an employee-based NAICS code, such as those applicable to manufactured products. The SBA's proposed rule would
- [GAO Affirms any Discussions During Evaluations Must be Meaningful](https://smallgovcon.com/gaobidprotests/gao-affirms-any-discussions-during-evaluations-must-be-meaningful/) - Evaluation of offers is a crucial point in the procurement process. During this time period, an agency may, in certain procurements, reach out with discussion questions meant to bring clarity to the decision-making process. However, any such discussions must be meaningful. As one offeror recently found out, meaningful discussions even apply in so-called simplified acquisitions.
- [SmallGovCon Week in Review: November 1-5, 2021](https://smallgovcon.com/uncategorized/smallgovcon-week-in-review-november-1-5-2021/) - Happy Friday, Readers. We hope you had a productive week. November 11 is Veteran's Day. This holiday started as a day to honor the heroism of those who died in our country's service and was originally called Armistice Day. It fell on Nov. 11 because that is the anniversary of the signing of the Armistice that
- [Five (More) Things You Should Know: Common Vaccine Mandate Misconceptions](https://smallgovcon.com/five-things/five-more-things-you-should-know-common-vaccine-mandate-misconceptions/) - The vaccine mandate remains the talk of the governing contracting community. Even as a new lawsuit seeks to block the mandate, many contractors are working feverishly in an effort to comply. Last week, I addressed responses to five common misconceptions I am hearing about the vaccine mandate. But I am seeing many more misconceptions, and
- [COVID-19 Federal Workforce Vaccination Deadline Extended to January 4, 2022](https://smallgovcon.com/federal-government-contracting/covid-19-federal-workforce-vaccination-deadline-extended-to-january-4-2022/) - This morning, the White House released updated Covid-19 vaccination guidelines. This update includes a nearly month-long delay in the mandate implementation. Previously, all federal workers and contractors must have either been fully vaccinated or granted some form of extension or accommodation by December 8, 2022. Fully vaccinated means two weeks following the final dose, meaning
- [Event: Contractor Vaccine Mandate Webinar, Hosted by Govology](https://smallgovcon.com/events/event-contractor-vaccine-mandate-webinar-hosted-by-govology/) - Here at Koprince McCall Pottroff LLC, we've had a lot of contractors ask, "are you going to give a webinar on the contractor vaccine mandate?" I am pleased to say that the answer is yes. On November 17, please join me and Shane McCall for a special Govology webinar on the vaccine mandate. We will
- [Data Rights and the Government Contractor: An Introduction and Unlimited Data Rights](https://smallgovcon.com/federal-government-contracting/data-rights-and-the-government-contractor-an-introduction-and-unlimited-data-rights/) - Ask any attorney, and there’s a good chance they’d agree with this statement: Intellectual property is a particularly complex area of law. Dealing with property rights in things that don’t physically exist, unsurprisingly, can result in a lot of confusion. Couple this with the labyrinthine regulations and rules concerning government contracts and procurements, and even
- [SmallGovCon Week in Review: October 25-29, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-25-29-2021/) - Happy Friday and Happy Halloween! As always, there was a lot of news in the federal government contracting world this week including an announcement from the SBA concerning a new community navigator pilot program which will provide $100 million in funding to 51 organizations to help support local community entrepreneurs. Also, the GSA announced it
- [Event: Understanding and Complying with the Nonmanufacturer Rule (2021 Update)](https://smallgovcon.com/events/event-understanding-and-complying-with-the-nonmanufacturer-rule-2021-update/) - The nonmanufacturer rule is one that is commonly misunderstood in the federal government contracting realm. But it is also one we encounter quite often in our role assisting federal contractors. On November 4, please join me, Shane McCall, and my colleague, Nicole Pottroff, as we dive deep into the nonmanufacturer rule, tackling the ins and
- [Five Things You Should Know: Common Misconceptions about the Contractor Vaccine Mandate](https://smallgovcon.com/statutes-and-regulations/five-things-you-should-know-common-misconceptions-about-the-contractor-vaccine-mandate/) - The contractor vaccine mandate is the talk of the government contracting community. As contractors scramble to understand the ins-and-outs of the new requirement, my colleagues and I are seeing some of the same misconceptions repeatedly arise. Without further ado, here are five common misconceptions about the contractor vaccine mandate, and the actual rules you should
- [House-Approved 2022 NDAA Makes HUBZone Changes, Including HUBZone Appeals](https://smallgovcon.com/hubzone-program/house-approved-2022-ndaa-makes-hubzone-changes-including-hubzone-appeals/) - The House-passed version of the 2022 National Defense Authorization Act would make some significant changes for the HUBZone program. Among them are the ability to have HUBZone appeals heard by administrative judges. Below is a summary of the key changes The House version of the 2022 NDAA includes some amendments that could come about if they are
- [SmallGovCon Week in Review: October 18-22, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-18-22-2021/) - Hope everyone is enjoying their fall. I'll be doing some pumpkin carving this week after going to the pumpkin patch. It was another busy week in the federal government contracting world. The vaccine mandate has been a hot topic, this week, as well as the passing of General Colin Powell. Here are a few articles
- [Contractor Vaccine Mandate: What About Work-From-Home Employees?](https://smallgovcon.com/statutes-and-regulations/contractor-vaccine-mandate-what-about-work-from-home-employees/) - My colleagues and I here at Koprince McCall Pottroff have been hearing lots of questions about the new COVID-19 vaccine mandate for certain employees of federal government contractors. Perhaps unsurprisingly, given the pandemic-related rise in remote work, one of the most common questions is "are work-from-home employees required to be vaccinated?" The answer, it turns
- [SmallGovCon Week in Review: October 11-15, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-11-15-2021/) - Happy Friday, Readers! We hope you have had a great week. The leaves on the trees are starting to turn beautiful colors and the temperatures are beginning to cool here in Lawrence, Kansas. It truly feels like Fall now and the kids are getting excited about Halloween. We hope you are enjoying Fall in your
- [House-Passed 2022 NDAA Raises Sole Source Thresholds for 8(a), SDVOSB, HUBZone, and WOSB/EDWOSB Contracts](https://smallgovcon.com/statutes-and-regulations/house-passed-2022-ndaa-raises-sole-source-thresholds-for-8a-sdvosb-hubzone-and-wosb-edwosb-contracts/) - The sole source thresholds for the major socioeconomic preference programs would increase significantly under the House-passed version of the 2022 National Defense Authorization Act. The House version of the 2022 NDAA includes an amendment that would raise the sole source caps for contracts awarded to qualified 8(a) Program participants, service-disabled veteran-owned small businesses, HUBZone Program
- [NAICS, The Final Frontier: OHA Rejects NAICS Size Standard Exception as Inapplicable to NASA Solicitation](https://smallgovcon.com/sbaohadecisions/naics-the-final-frontier-oha-rejects-naics-size-standard-exception-as-inapplicable-to-nasa-solicitation/) - This matter again involves NASA and a particularly interesting government procurement, this time concerning NAICS appeals. NAICS codes, or the North American Industry Classification System codes, are how both businesses are classified by their industry and procurements are classified by what they're for. If the procurement uses an inappropriate NAICS code, a protestor can appeal
- [Polaris GWAC: GSA Issues Draft RFP Sections](https://smallgovcon.com/statutes-and-regulations/polaris-gwac-gsa-issues-draft-rfp-sections/) - GSA has been hard at work on the Polaris solicitation. The goal: provide federal agencies with information technology services from qualified small businesses. GSA recently released the updated draft versions of the submission instructions and evaluation criteria for Polaris. Like CIO-SP4, which we blogged on in detail, Polaris is going to be of interest to
- [SmallGovCon Week in Review: October 4-8, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-october-4-8-2021/) - Happy Friday and we hope you had a very productive week. There was a lot of discussion this week concerning the federal vaccine mandate as well as an announcement from the Department of of Justice concerning the cyber fraud. You can read more about those topics and other news in federal government contracting in the
- [DOD Construction: House-Passed 2022 NDAA Establishes Preferences for Local Contractors](https://smallgovcon.com/statutes-and-regulations/dod-construction-house-passed-2022-ndaa-establishes-preferences-for-local-contractors/) - Local construction contractors would receive new contracting preferences for Department of Defense contracts under the version of the 2022 National Defense Authorization Act passed by the House of Representatives on September 23. During floor debate on the 2022 NDAA, the House agreed to an amendment proposed by representative Andy Kim. The amendment requires, to the
- [OHA: Provisions in Operating Agreements for SBA Set-Aside Program Participants can Sink Eligibility](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/oha-provisions-in-operating-agreements-for-sba-set-aside-program-participants-can-sink-eligibility/) - The organizational documents for a business seeking certification under a SBA socio-economic program can play an important part in a company demonstrating its eligibility under the SBA’s requirement for control by the company's owners, such as a service-disabled veteran or disadvantaged owner. Unlike some of the SBA’s requirements for eligibility, the manner in which a program applicant
- [VA Contracting Officers May Now Use Veteran Employment Preferences in Competitive Acquisitions](https://smallgovcon.com/statutes-and-regulations/va-contracting-officers-may-now-use-veteran-employment-preferences-in-competitive-acquisitions/) - Newcomers to the federal marketplace are often surprised when they learn that eligibility for the VA's SDVOSB and VOSB preference programs are based on the status of the contractor's owners--and have nothing to do with how many veterans the contractor employs. While the SDVOSB/VOSB eligibility rules aren't changing, VA Contracting Officers now have authority to
- [House-Passed 2022 NDAA Raises Small Business Goal to 25% and Increases SDVOSB, HUBZone, SDB and WOSB Goals](https://smallgovcon.com/statutes-and-regulations/house-passed-2022-ndaa-raises-small-business-goal-to-25-and-increases-sdvosb-hubzone-sdb-and-wosb-goals/) - The version of the 2022 National Defense Authorization Act passed by the House of Representatives on September 23 would increase the government's small business prime contracting goal from 23% to 25%. The House-passed version of the 2022 NDAA would also increase the prime contracting goals for service-disabled veteran-owned small businesses, HUBZone small businesses, small disadvantaged
- [SmallGovCon Week in Review: September 27-October 1, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-27-october-1-2021/) - It's already October! Can you believe it? The leaves on our trees are starting to turn beautiful shades of yellow, red and orange and the temperatures are finally starting to cool down after a very hot and humid summer. A lot has been happening this week in federal government contracting as contractors braced for a
- [SmallGovCon Week in Review: September 20-24, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-20-24-2021/) - Happy Monday, Readers. We hope you had a wonderful weekend and are enjoying the start of fall. Here are some newsworthy articles from the federal government contracting world. Enjoy and have a great week! Biden administration gives federal contractors until Dec. 8 to comply with vaccine mandate [FedNewsNet] DoD’s drug supply chain is shaky, DoD
- [HUBZone FAQ Update: Maps and Other Changes](https://smallgovcon.com/hubzone-program/hubzone-faq-update-maps-and-other-changes/) - The SBA’s HUBZone program can be a confusing program to understand and comply with. Keeping on top of the regulations requires keeping up on legislative and program changes on a revolving basis. The SBA has recently frozen the HUBZone maps and changed principal office rules. In a corresponding move, the SBA has updated the Frequently
- [GAO Affirms SBA Rule: Only Joint Venture Members, not the JV, Need Facility Clearance](https://smallgovcon.com/gaobidprotests/gao-affirms-sba-rule-only-joint-venture-members-not-the-jv-need-facility-clearance/) - For years, it had been difficult for joint ventures to get Facility Security Clearances to go after DoD contracts where a facility clearance was required. The DoD and many contracting officers had long required that the joint venture entity itself, rather than each individual joint venture member, have the FCL. SBA thought it had fixed
- [Event: The Ins & Outs of the Nonmanufacturer Rule](https://smallgovcon.com/events/event-the-ins-outs-of-the-nonmanufacturer-rule/) - The nonmanufacturer rule is one that is commonly misunderstood in the federal government contracting realm. But it is also one we encounter quite often in our role assisting federal contractors. On September 21, please join my colleague, Steven Koprince, and me as we dive deep into the nonmanufacturer role, tackling the ins and the outs
- [SmallGovCon Week in Review: September 13-17, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-13-17-2021/) - Happy Friday, Readers. It's sad that summer is coming to an end but the good news is that fall is upon us which means it is time for cool weather, falling leaves, and football! It seems everyone is filled with optimism at the start of the season. Here's hoping your favorite team is victorious and
- [From Eight Days to 105 Days: The Incredible Lengthening of the SBA's Mentor-Protégé Program Application Timeline](https://smallgovcon.com/statutes-and-regulations/from-eight-days-to-105-days-the-incredible-lengthening-of-the-sbas-mentor-protege-program-timeline/) - In February 2017, the SBA announced that applications for its new All Small Mentor-Protégé Program were being processed, on average, in just eight days. Fast forward four-and-a-half years, and the SBA's mentor-protégé application processing timeline has gotten just a wee bit longer. As in, 105 days. Unfortunately, that's no typo. If you're looking to establish
- [Small Business Being Acquired by a Large Business? For Multiple Award Contracts, the 180-Day Rule Doesn’t Apply to Task Orders, says GAO](https://smallgovcon.com/gaobidprotests/small-business-being-acquired-by-a-large-business-for-multiple-award-contracts-the-180-day-rule-doesnt-apply-to-task-orders-says-gao/) - You may recall a post of ours back in April 2021, where we discussed a little-known change to SBA’s size determination rules that occurred in October 2020. SBA created an exception, at 13 C.F.R. § 121.404(g)(2)(iii), to the usual “size is determined at offer date” rule. Now, prior to award, when a small business is
- [SmallGovCon Week in Review: September 6-10, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-september-6-10-2021/) - Welcome to Friday, SmallGovCon readers! Now that the weather is cooling off a little, we hope you’re able to enjoy the great outdoors a little more. However, before you head outside, maybe you’d like to take a few minutes to check out some articles we’ve selected for you about federal government contracting. We'd especially like
- [Five Things You Should Know: NAICS Code Appeals](https://smallgovcon.com/naics-code-appeals/five-things-you-should-know-naics-code-appeals/) - NAICS codes are limited in what they can challenge, but can have a powerful effect on a procurement. A NAICS code appeal can challenge the size limit attached to a specific government procurement. This can level the playing field by limiting to smaller businesses, or expand the size of businesses that are able to compete.
- [Reminder: Joint Ventures Must Be Registered in SAM](https://smallgovcon.com/gaobidprotests/reminder-joint-ventures-must-be-registered-in-sam/) - Like any other offeror, a joint venture must be registered in the System for Award Management. And, as one joint venture recently learned the hard way, if a JV is not registered in SAM by the award date, the missing registration could prove costly. The GAO's bid protest decision in Continuity Global Solutions-Secure Me WLL
- [SmallGovCon Week in Review: August 30-September 3, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-30-september-3-2021/) - Happy Labor Day weekend, Readers! Here are 5 fun facts about Labor Day according to Google: -The first Labor Day holiday was celebrated on Tuesday, September 5, 1882, in New York City, in accordance with the plans of the Central Labor Union. The Central Labor Union held its second Labor Day holiday just a year
- [House Subcommittee Proposes New SBIR/STTR Phase III Transition Pilot Program](https://smallgovcon.com/statutes-and-regulations/house-subcommittee-proposes-new-sbir-sttr-phase-iii-transition-pilot-program/) - Congress is at work on the 2022 National Defense Authorization Act--major annual legislation that often includes significant changes to the laws impacting government contractors. This year's NDAA promises to be no different. Among potential changes: the House Subcommittee on Cyber, Innovative Technologies, and Information Systems has proposed to establish a pilot program to help transition
- [FAR Update: Good Faith in Small Business Subcontracting](https://smallgovcon.com/statutes-and-regulations/far-update-good-faith-in-small-business-subcontracting/) - For many contracts, large businesses must establish and have the government approve a subcontracting plan that details the goals and efforts the large prime contractor will take to award subcontracts to various types of small businesses. Well, how does the government hold large businesses accountable for these goals? The FAR will soon have a final
- [SmallGovCon Week in Review: August 23-27, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-23-27-2021/) - Hello and happy Friday to all of our readers. It's an exciting and busy time in Lawrence, Kansas with all of the college students flowing back into our city. It was also another busy week in federal government contracting. Enjoy the articles that we have put together for you. Have a great weekend and stay
- [SBA Suspends Bona Fide Place of Business Requirement for 8(a) Construction Contracts](https://smallgovcon.com/8a-program/sba-suspends-bona-fide-place-of-business-requirement-for-8a-construction-contracts/) - SBA's requirement that 8(a) participants maintain a bona fide place of business in the geographic location of any 8(a) construction contracts has been an encumbrance for many federal contractors--even prior to the global pandemic. But fortunately, SBA has recently recognized the additional challenges that COVID-19 has caused for 8(a) contractors seeking to comply with this
- [FAR Issues Final Rule on Limitations on Subcontracting](https://smallgovcon.com/statutes-and-regulations/far-final-rule-on-limitations-on-subcontracting/) - It has been a long time coming, but the Department of Defense, in conjunction with the GSA and NASA, are finally issuing a final rule amending the FAR guidance regarding limitations on subcontracting. In this post, we are going to explore just what these changes are and what they mean for government contractors such as
- [GAO: Meaningful Discussions Must Disclose Proposal Weaknesses Discovered After a Corrective Action](https://smallgovcon.com/gaobidprotests/gao-meaningful-discussions-must-disclose-proposal-weaknesses-discovered-after-a-corrective-action/) - Given the amount of competition in most solicitations, the ability of a contractor to receive feedback on its proposal can provide valuable information to help the contractor hone its response to best address the key factors sought by the agency in its solicitation. On those rare occasions when an agency reopens its solicitation and provides
- [CIO-SP4 Amendment 11 Removes a Small Business Requirement](https://smallgovcon.com/statutes-and-regulations/cio-sp4-amendment-11-removes-a-small-business-requirement/) - A quick update on CIO-SP4. NITAAC has issued amendment number 11 to CIO-SP4. It moves the deadline to August 27, and takes out some confusing language about small business teams. Specifically, it has removed the language saying: "The small business prime must demonstrate how they will comply with the LOS by including in their Small
- [SmallGovCon Week in Review: August 15-20, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-15-20-2021/) - Happy Friday to all of our SmallGovCon readers and we hope you had a great week! This week saw some interesting federal contracting developments, such as several announcements from the SBA including an announcement to increase the amount of federal contracting dollars that go to small, disadvantaged businesses as well as the appointment of key
- [Number of Small Businesses Awarded Federal Government Contracts Has Dropped 12.7% in Four Years](https://smallgovcon.com/reports/number-of-small-businesses-awarded-federal-government-contracts-has-dropped-12-7-in-four-years/) - The number of small businesses receiving government contracts dropped yet again in Fiscal Year 2020--and the four-year decline is 12.7%. In its FY 2020 goaling scorecard, the SBA reported that 45,661 distinct small businesses received contracts in the top 100 NAICS codes. The previous fiscal year, 46,661 distinct small businesses received contracts. Four years ago,
- [CIO-SP4 Amendment 10: More Changes and No Delay](https://smallgovcon.com/statutes-and-regulations/cio-sp4-amendment-10-more-changes-and-no-delay/) - Amendment 10 clarifies obligated dollar values, how to have subcontracted federal work counted, restrictions to contractor participation in task areas, evaluation of contractor program manager(s), establishing a static date from which to calculate the three-year look-back for corporate experience relevance, and evaluation of labor rates. Needless to say, there is a lot of things packed
- [GAO: Multiple Contracts With Single Agency May Increase Conflict Risk](https://smallgovcon.com/gaobidprotests/gao-multiple-contracts-with-single-agency-increases-conflict-risk/) - As federal contractors begin to become engaged in multiple programs for a particular agency, the potential for the firm to encounter a situation where it finds itself involved in an organizational conflict of interest (OCI) may increase. This is particularly true with respect to “impaired objectivity” OCI, which is when a firm’s ability to render
- [SmallGovCon Week in Review: August 9-13](https://smallgovcon.com/uncategorized/smallgovcon-week-in-review-august-9-13/) - Happy Friday the 13th, Readers! In doing research on the origins of why Friday the 13th became an ominous day on the calendar, I found a lot of theories. Dr. Simon Bronner, a professor of American studies and folklore at Pennsylvania State University says that Friday the 13th is just a convenient milestone for people
- [Does the SBA's Rosy Spin on Goaling Achievement Hurt Small Businesses?](https://smallgovcon.com/uncategorized/does-the-sbas-rosy-spin-on-goaling-achievement-hurt-small-businesses/) - "Overpopulation crisis solved!" That's the sort of headline I expect the SBA's press team would write the day after a global thermonuclear war. Obviously, I'm exaggerating a wee bit to make my point, but the SBA's press release on FY 2020 small business goaling achievement follows a pattern I've seen across several Presidential administrations and
- [GAO: Non-Procurement Regulations No Grounds for Protest](https://smallgovcon.com/gaobidprotests/gao-non-procurement-regulations-no-grounds-for-protest/) - The grounds for GAO protests are numerous, ranging from vague terms in a solicitation to showing that an awardee’s proposal lacked needed information. However, they are not unlimited. One protester argued that the terms of a solicitation were inconsistent with regulations concerning mortgage insurance. Unfortunately for them, that isn’t something GAO will consider. NOVAD Management
- [GAO’s Alternative Dispute Resolution Conference – Too Little, Too Late](https://smallgovcon.com/gaobidprotests/gaos-alternative-dispute-resolution-conference-too-little-too-late/) - The costs of filing a bid protest can dissuade some protesters from submitting bid protests. One silver lining for protesters is a recommendation for reimbursement of costs upon a sustained decision. However, even when GAO says a protest is “clearly meritorious”, the protest may still be dismissed prior to GAO issuing a decision. What happens
- [SmallGovCon Week in Review: August 2-6](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-august-2-6/) - Happy Friday, All. We hope you had a productive week (or if you were on vacation, hope you were able to just tune out). Here are some highlights in federal government contracting including news on the contracting dollars in the 2020 fiscal year , a bill aimed at enhancing small business participation in the federal
- [SBA Issues 2020 Small Business Scorecard, Small Business Contracting Over $145 Billion!](https://smallgovcon.com/federal-government-contracting/sba-issues-2020-small-business-scorecard-small-business-contracting-over-145-billion/) - The SBA released its annual Small Business Procurement Scorecard for fiscal year 2020 of how federal agencies are doing in meeting their small business goals. The SBA, in announcing the Scorecard, highlighted that small businesses received $145.7 billion in federal contracts , a $13 billion increase from the previous fiscal year. But looking beyond the
- [CIO-SP4 Amendment 9, a Last Minute Stay](https://smallgovcon.com/federal-government-contracting/cio-sp4-amendment-9-a-last-minute-stay/) - With less than 24 hours left until proposals were due, NIH released Amendment 9, staying the proposal deadline until August 20, 2021 at Noon Eastern. Amendment 9 says it changes very little, but the innocuous cover letter belies a major change to evaluations for Other Than Small and Emerging Large Businesses (OTSBs and ELBs). On
- [CBCA Cannot Waive Its Own Filing Deadlines](https://smallgovcon.com/claims-and-appeals/cbca-cannot-waive-its-own-filing-deadlines/) - 4 C.F.R. 21.2(b) states that, for GAO protests, GAO has the option to dismiss or not dismiss a protest that is filed late if there is good cause or it is an important issue. In other words, if there’s a good reason, GAO can accept an untimely protest. (Please note that this is not suggesting
- [Koprince Law is Now Koprince McCall Pottroff LLC!](https://smallgovcon.com/events/koprince-law-is-now-koprince-mccall-pottroff-llc/) - It is with great pleasure that we announce that the firm you have known as Koprince Law LLC has a new name: Koprince McCall Pottroff LLC The firm, a boutique federal government contracts firm in Lawrence, KS, will continue to focus on providing services to federal contractors throughout the United States and beyond, with a
- [SmallGovCon Week in Review: July 26-30, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-26-30-2021/) - Happy Friday, Readers. We have been in the midst of a heatwave here in Kansas with temperatures at 100 degrees and the humidity at 91%. Whew! We are very grateful for air conditioning during the dog days of summer. Here's an interesting fact. The ancient Romans called the hottest, most humid days of summer “diēs
- [Event: Top 21 Legal Mistakes in Federal Government Contracting](https://smallgovcon.com/events/event-top-21-legal-mistakes-in-federal-government-contracting/) - The federal government contracting rulebook is notoriously complex and confusing--but not all confusion is created equally. As attorneys serving federal contractors (many of them small businesses), my colleagues and I often see contractors making the same common legal mistakes or holding the same common legal misconceptions. On August 12, please join me and Nicole Pottroff
- [GAO: Agency Has Discretion on Type of Socioeconomic Set-Aside for Procurement](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/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
- [Is the Revision to the FAR's Limitations on Subcontracting Finally Nearing the Finish Line?](https://smallgovcon.com/statutes-and-regulations/is-the-revision-to-the-fars-limitations-on-subcontracting-finally-nearing-the-finish-line/) - On June 30, 2016, a major new SBA regulation took effect, overhauling the limitations on subcontracting. The SBA's new regulation, codified at 13 C.F.R. 125.6, replaced the "old" formulas for calculating compliance--like "cost of the contract incurred for personnel," for service contracts, with new, easier-to-use formulas based on the amount paid by the government. And,
- [Five Things You Should Know: SBA 8(a) Program Potential for Success](https://smallgovcon.com/8a-program/five-things-you-should-know-sba-8a-program-potential-for-success/) - SBA requires that its 8(a) Business Development Program applicants demonstrate "reasonable prospects for success in competing in the private sector if admitted to the 8(a) BD program" by meeting a number of criteria. This aptly named potential for success rule is easily one of the most common reasons for 8(a) Program application denials. But even
- [CIO-SP4 Amendment 8 - NIH Puts Small Businesses Behind the 8-ball](https://smallgovcon.com/statutes-and-regulations/cio-sp4-amendment-8-nih-puts-small-businesses-behind-the-8-ball/) - CIO-SP4 Amendment 7, we barely knew you. Less than a week after Amendment 7 went live, we have another amendment to dig into. What is new in this amendment? We have major changes to Other Than Small Business (OTSB) and Emerging Large Business (ELB) certifications. For small businesses, NIH is digging in its heels on
- [SmallGovCon Week in Review: July 19-23](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-19-23/) - Happy Friday, Readers. Can you believe we are heading into the home stretch of July already? We hope you are able to get in some R&R around this time of year. But it was also an important week in the Federal government contracting arena. Some of the big stories included more oversight from Labor, rules
- [GAO: A Higher Past Performance Rating For One Offeror Does Not Mean a Competitor Was Penalized](https://smallgovcon.com/gaobidprotests/gao-a-higher-rating-for-one-offeror-does-not-mean-a-competitor-was-penalized/) - It seems like it should go without saying, but, just because an offeror with better evaluation ratings is preferred over one with neutral ratings does not mean the latter offeror was penalized for having neutral ratings, or that the neutral rating was a penalty. Nonetheless, in a recent bid protest a company creatively argued that
- [SBA's Paycheck Protection Program Now Closed](https://smallgovcon.com/statutes-and-regulations/sbas-paycheck-protection-program-now-closed/) - SBA's Paycheck Protection Program (PPP) loans provided nearly $800 billion dollars of crucial financial support to over 8.5 million businesses and nonprofit organizations in the face of the COVID-19 pandemic. But as the proverb goes, "all good things must come to an end." SBA closed the PPP doors to new loan guaranty applications at the
- [CIO-SP4 Amendment 7 – Major Changes to Small Business Teaming Arrangements](https://smallgovcon.com/federal-government-contracting/cio-sp4-amendment-7-major-changes-to-small-business-teaming-arrangements/) - CIO-SP4 proposals are now due August 3, 2021. Currently, seven bid protests have been filed with GAO. These amendments are now coming fast and furious. Amendment 6 went live on July 9, 2021, and 10 days later we have another new amendment. Below are some of the key changes in Amendment 7. Overall, it seems
- [CIO-SP4: Large Mentors Now Get More Credit](https://smallgovcon.com/statutes-and-regulations/cio-sp4-large-mentors-now-get-more-credit/) - I wrote earlier about the restriction on the number of experience examples a large business mentor can provide. Well, NITAAC has listened! OK, they probably weren't listening directly to me, but let me have this one, alright. CIO-SP4 has been amended to allow large business mentors to contribute two examples of corporate experience per task
- [Event: 2021 GovCon Accounting Summit](https://smallgovcon.com/events/event-2021-govcon-accounting-summit/) - Robert Jones of Left Brain Professionals is putting on the GovCon Accounting Summit this week. I'll be involved in a Panel Discussion - The Need for GovCon Accounting Advisors, at 9:00 AM-10:30 AM ET on July 22, 2021. Hope to see you there. There are many other great topics at the event, so be sure
- [SmallGovCon Week in Review: July 12-16](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-july-12-16/) - Happy Friday, readers! We hope you are enjoying the beautiful summer days. We here at SmallGovCon have definitely been getting out for some much needed vacation time lately. But we still want to keep you up to date on what's going on in the federal contracting realm. Here are a few noteworthy articles in the
- [GSA Releases IT Security and Authentication Solutions for Federal Agencies](https://smallgovcon.com/events/gsa-releases-it-security-and-authentication-solutions-for-federal-agencies/) - GSA's new ICAM Solutions Draft provides guidance on identity authentication and security solutions for federal agencies.
- [Five Things You Should Know: Tips for Understanding and Using the FAR](https://smallgovcon.com/five-things/five-things-you-should-know-tips-for-understanding-and-using-the-far/) - Government contracting officials receive detailed training on the FAR. So do employees of some large contractors. But for many others in government contracting, particularly small businesses, there is no formal FAR training. For them, the FAR can seem overwhelming, even scary. I'm not going to sugarcoat it: the FAR is massive. In print form, which
- [Event: The SBA's Small Business Affiliation Rules for Government Contractors, Hosted by The Catalyst](https://smallgovcon.com/events/event-the-sbas-small-business-affiliation-rules-for-government-contractors-hosted-by-the-catalyst/) - My colleague Steven Koprince and I are pleased to be speaking at The Catalyst Center for Business & Entrepreneurship this Thursday. Please join us on July 15, 2021 from 3:00 PM - 5:00 PM (CDT) as we discuss the SBA's affiliation rules in plain English, from rules governing common ownership and management to lesser-known bases
- [COFC Confirms SBA Interpretation of Runway Extension Act](https://smallgovcon.com/statutes-and-regulations/sba-interpretation-of-runway-extension-act-confirmed-by-court/) - The Court of Federal Claims recently reviewed the Small Business Runway Extension Act, particularly SBA's contention that it was not bound by the 5-year lookback period that Congress enacted for size receipt calculations. Now, SBA has issued its own rule that it will use the 5-year lookback period, at least after a two-year transition period,
- [SmallGovCon Week In Review: June 28 -July 9, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-28-july-9-2021/) - Happy Friday! We hope everyone had a wonderful and safe 4th of July holiday weekend. Despite the holiday, there has been a lot of news and announcements in Federal government contracting these past two weeks. Here are a few articles that we found interesting and informative including news about a new order to bolster cybersecurity,
- [OHA: Broken Hyperlink Doesn't Excuse Not Responding to CVE](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/oha-broken-hyperlink-doesnt-create-excuse-for-not-responding-to-cve/) - In my last blog post I wrote about a contractor’s unsuccessful attempt to convince the GAO that its solicitation was improperly dismissed as being untimely because the State Department didn’t recognize its automatic “out of office” email reply response. It appears that federal agencies in general are unforgiving when it comes to a contractor’s reliance
- [GAO Considers Receipt of Email During Regular Business Hours Adequate Notice](https://smallgovcon.com/gaobidprotests/goa-considers-receipt-of-email-during-regular-business-hours-adequate-notice/) - A recent GAO decision provides a costly lesson about the importance of having internal procedures to receive and respond to official e-mail communications when a company team member is unavailable. The stakes can be big--GAO recently dismissed a contractor’s protest challenging the Department of State’s decision to cancel a solicitation. The question in this matter
- [Introducing Our GovCon Teaming Resource Guides!](https://smallgovcon.com/uncategorized/introducing-our-govcon-teaming-resource-guides/) - When it comes to federal contracting, teaming is an invaluable strategy for many businesses--large and small alike. But the rules and processes surrounding teaming can be complex and confusing, even for experienced contractors. That's why Koprince Law has teamed up ourselves--with the government contracts experts at The Pulse of Government Contracting to create special, in-depth
- [Event: Responsibility in Government Contracting, Hosted by Govology](https://smallgovcon.com/events/event-responsibility-in-government-contracting-hosted-by-govology/) - To be awarded a government contract, a company must do more than submit the winning proposal — it must be “responsible.” The concept of responsibility in government contracting is far-reaching and can include such things as having adequate financial resources, a satisfactory ethical record, acceptable past performance, and even required security clearances. On July 15,
- [Certificates of Competency: A Little-Known Friend of the Small-Business Contractor](https://smallgovcon.com/statutes-and-regulations/certificates-of-competency-a-little-known-friend-of-the-small-business-contractor/) - You can’t believe it. You did everything right. The solicitation required that offerors have three distinct licenses. You have two, but one should cover for the license you don’t have. However, the agency says you have to have all three as distinct licenses, and denies your offer. Fortunately, you have a potential savior: The Certificate of
- [Five Things You Should Know: Eligibility for Small Disadvantaged Business Self-Certification](https://smallgovcon.com/8a-program/five-things-you-should-know-eligibility-for-small-disadvantaged-business-self-certification/) - The Administration's recent announcement that it plans to boost Small Disadvantaged Business contracting by 50% means that we may see increased interest by government agencies and large prime contractors alike in doing business with self-certified SDBs. But my guess is that the Administration's push will come with additional oversight, too--after all, increasing the goal isn't
- [CIO-SP4: Is it Limiting Mentor Experience Too Much?](https://smallgovcon.com/statutes-and-regulations/cio-sp4-is-it-limiting-mentor-experience-too-much/) - The CIO-SP4 is a big deal for many small and large federal contractors. And lately it's been a bit of a moving target as to how NITAAC will evaluate the experience of companies working together in prime-sub, mentor-protégé, and joint-venture relationships. We wrote about some of the issues with past performance and other recent changes.
- [Event: 8(a) Program Conversation with Teresa Moon of Parabilis](https://smallgovcon.com/events/event-8a-program-conversation-with-teresa-moon-of-parabilis/) - For disadvantaged small businesses, the SBA's 8(a) Business Development Program can help level the playing field by providing powerful benefits, including access to sole source and set-aside contracts. And in the wake of the Administration's announcement that it will attempt to boost SDB contracting by 50%, this could be the right time for many businesses
- [Inadvertent Release of Incumbent Pricing Data Leads to Sustained Protest](https://smallgovcon.com/gaobidprotests/inadvertent-release-of-incumbent-pricing-data-leads-to-sustained-protest/) - Protecting sensitive business information, especially pricing, is essential even in the GAO bid protest realm. As an agency found out, even an inadvertent release of such information could lead to a sustained protest. This slip up resulted in the cancellation of a nearly $1 billion contract. Needless to say, this was a big deal. How
- [CIO-SP4 Amendment 4: Undoing Amendment 3? Sort Of](https://smallgovcon.com/uncategorized/cio-sp4-amendment-4-undoing-amendment-3-sort-of/) - Last night, NITAAC released Amendment 4 to the CIO-SP4 RFP. The amendment removes the language expressly restricting the use of first-tier subcontractors past performance, capabilities, and experience, which was previously added by Amendment 3. Let's take a closer look. We have been following NITAAC's treatment of first-tier subcontractors' past performance, capabilities, and experience under the
- [SmallGovCon Week In Review: June 21-25, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-21-25-2021/) - Happy Friday and welcome to this week's addition of the week in review. I recently got back from a camping trip in 100 degree weather, so I know that staying cool is crucial. Hope you are all staying cool and enjoying the summer. There were several announcements such as Robin Carnahan's confirmation by the Senate
- [Conflicting CIO-SP4 Updates For CTAs, And Now, A Promise to Clarify](https://smallgovcon.com/uncategorized/conflicting-cio-sp4-updates-for-ctas-and-now-a-promise-to-clarify/) - We finally have NITAAC's CIO-SP4 solicitation, complete with several amendments and a Q&A. So that means the anticipated offerors have the answers to all of their questions about this long-awaited GWAC procurement, right? Well, no. In fact, for anyone planning to team-up for CIO-SP4, there seems to be more confusion now than ever before. Specifically,
- [Five Things You Should Know: Common Misconceptions About SBA's Affiliation Rules](https://smallgovcon.com/five-things/five-things-you-should-know-common-misconceptions-about-sbas-affiliation-rules/) - Avoiding affiliation with other companies can be critical to qualifying as a small business under the SBA's rules for government contractors. But not all SBA affiliation rules are intuitive, and in my career as a government contracts attorney I have seen the same misconceptions about the affiliation rules come up time and and time again.
- [GAO: Protestors Must Show Intervening Offerors Would Not be in Line for Award to be Interested Party](https://smallgovcon.com/gaobidprotests/gao-protestors-must-show-intervening-offerors-would-not-be-in-line-for-award-to-be-interested-party/) - In order to have a bid protest sustained, a protestor must have a reasonable chance of being awarded the contract if the protest succeeded. Often, this just means that the protestor’s own proposal must be acceptable to the awarding agency in the first place. What many contractors do not know, however, is that if intervening
- [SmallGovCon Week In Review: June 14-18, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-14-18-2021/) - Friday marked a new federal holiday for Juneteenth. Juneteenth commemorates the end of slavery by marking the day enslaved people in Texas learned they were free. This is the first new federal holiday since first holiday to be approved since Martin Luther King Jr. Day was established in 1983. Many government agencies were closed on
- [Happy Anniversary, SDVOSBs: The Supreme Court's Kingdomware Decision Was Five Years Ago Today](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/happy-anniversary-sdvosbs-the-supreme-courts-kingdomware-decision-was-five-years-ago-today/) - For SDVOSBs and VOSBs, June 16, 2016 was a monumental day. That morning, the U.S. Supreme Court issued its unanimous decision in Kingdomware Technologies, Inc. v. United States, holding that the VA must follow the law by putting "veterans first" in VA contracting. Koprince Law LLC was honored to submit an amicus brief to the
- [Five Things You Should Know: GAO Bid Protest Interventions](https://smallgovcon.com/gaobidprotests/five-things-you-should-know-gao-bid-protest-interventions/) - Intervening in a GAO bid protest can be an important way to protect a federal contractor's award. But when can you and should you intervene? Here's how this might come up. As a federal contractor, you work hard to submit the best proposal you can, and then find out you win the award. A few
- [GAO Seeking Feedback from 8(a) Firms](https://smallgovcon.com/8a-program/gao-seeking-feedback-from-8a-firms/) - The Government Accountability Office (GAO) has offered participants in the U.S. Small Business Administration's (SBA) 8(a) Business Development Program the opportunity to tell Congress about their views and experience in the program. Currently, GAO is working on its report regarding the 8(a) Program's eligibility thresholds. In GAO's own words, these reports and testimonies serve to
- [SmallGovCon Week in Review: June 7-June 11, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-june-7-june-11-2021/) - Happy Friday! It's been a busy week in federal government contracting news. Among the notable announcements, Federal agencies are staffing up and a new IRS web app has been announced. The Treasury Department laid out its updated vision for its financial management shared services offerings and some companies are considering opting out of working with the Defense
- [Recent Task Force Meeting Underscores Challenges Facing SDVOSB Transfer from VA to SBA](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/recent-task-force-meeting-underscores-challenges-facing-sdvosb-transfer-from-va-to-sba/) - Sometimes, task force meetings are held just for the sake of having meetings. However, on June 2nd and 3rd the Interagency Task Force on Veterans Small Business Development (IATF) and Advisory Committee on Veterans Business Affairs (ACVBA) met to discuss important issues facing small businesses. This shed much needed light on the issues fast approaching
- [Koprince Law Welcomes Kevin Wickliffe](https://smallgovcon.com/uncategorized/koprince-law-welcomes-kevin-wickliffe/) - We are pleased to announce that Kevin Wickliffe has joined our team of government contracts attorney-authors here at Koprince Law. Before joining our team, Kevin served as general counsel and chief compliance officer at a federally registered institutional, manager-of-managers, investment adviser. His combined regulatory compliance, business, and legal experience give him a unique perspective in providing
- [Agency Properly Awarded Contract to Company with Nine Negative CPARs](https://smallgovcon.com/gaobidprotests/agency-properly-awarded-contract-to-company-with-nine-negative-cpars/) - Among some contractors, it's taken as an article of faith that even a single negative Contractor Performance Assessment Report will effectively preclude the contractor from winning new government work. While it's undoubtedly true, in my opinion, that some Contracting Officers place too much emphasis on a single less-than-perfect CPAR, it's also true that a contractor
- [Event: Government Contracting Ethics, Hosted by Govology](https://smallgovcon.com/events/event-government-contracting-ethics-hosted-by-govology/) - In the commercial world, it's normal to buy a good customer a holiday gift. But when your customer is Uncle Sam, you might break the law by giving that same gift. The government contracting ethics rules aren't always as cut-and-dried as "don't give the contracting officer a briefcase full of unmarked bills" (although you shouldn't
- [SmallGovCon: Week in Review May 31-June 4, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-31-june-4-2021/) - Happy Friday blog readers! Can you believe that it is already June? The sunshine and warmer temperatures have returned here in the Midwest and I, for one, am grateful for it. We hope you can get out and enjoy the sunshine this weekend. There has been a lot of activity in the federal government contracting
- [DoD Proposes DFARS Amendment to Enhance Debriefings](https://smallgovcon.com/statutes-and-regulations/dod-proposes-dfars-amendment-to-enhance-debriefings/) - Receiving a notice that a competitor received an award can be a punch to the gut. This feeling is compounded when the requested debriefing is short on details. Offerors are normally left with more questions than answers. The DoD has proposed to amend the DFARS to enhance debriefings in certain procurements. The correct amount of
- [The CIO-SP4 RFP Allows Broad Past Performance Information--But Does It Go Too Far?](https://smallgovcon.com/federal-government-contracting/the-cio-sp4-rfp-allows-broad-past-performance-information-but-does-it-go-too-far/) - One of my major concerns with the draft solicitation for the CIO-SP4 GWAC was the limited nature of the past performance NITAAC intended to consider. Under the draft RFP, NITAAC would not have considered the past performance of subcontractors--something I believed violated 13 C.F.R. 125.2(g) in certain cases, and was contrary to the guidance of
- [SmallGovCon Week In Review: May 24-28](https://smallgovcon.com/uncategorized/smallgovcon-week-in-review-may-24-28/) - As we prepare for a long Memorial Day weekend, let us not forget to honor and thank all those that have served and continue to serve our country. Memorial Day is a day of reflection for those that have come before us and paved the way for our sacred freedoms that are often taken for
- [Debriefing Exception to Protest Timeliness Rule Doesn’t Apply to SBIR Procurements, Period](https://smallgovcon.com/gaobidprotests/debriefing-exception-to-protest-timeliness-rule-doesnt-apply-to-sbir-procurements-period/) - Equitus Corporation was sure it was following the right procedures when it requested a debriefing after receiving a letter stating its proposal under an Air Force Small Business Innovation Research (SBIR) solicitation had been rejected. The Air Force even provided the debriefing as requested, and Equitus filed a protest less than 10 days later. However,
- [The "Three-in-Two" SBA Joint Venture Rule is Partly Gone--Now It's Time to Get Rid of the Rest](https://smallgovcon.com/statutes-and-regulations/the-three-in-two-sba-joint-venture-rule-is-partly-gone-now-its-time-to-get-rid-of-the-rest/) - Last year, SBA made joint venturing a little easier by relaxing the so-called "three-in-two" rule. But the "two-year" portion of the rule still exists--and in my view, the rule continues to unfairly elevate form over substance. SBA, it's time to take the plunge, and get rid of the rest of the three-in-two joint venture rule.
- [New HUBZone Program Guidance Sheds Light on Principal Office Long-Term Investment Rules](https://smallgovcon.com/hubzone-program/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
- [SmallGovCon Week in Review: May 17-21](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-17-21/) - It's been a very soggy week in the Midwest and we are looking forward to our normal sunny weather here in Lawrence, Kansas. We hope you are staying dry and the sun is shining bright in your neck of the woods. There has been a lot of activity in federal government contracting news this week
- [Agency Not Required to Hunt Down and Investigate Bad Publicity, Says GAO](https://smallgovcon.com/gaobidprotests/agency-not-required-to-hunt-down-and-investigate-bad-publicity-says-gao/) - In a recent decision, GAO said that it is not the contracting agency's job to play investigator when it comes to publicly available negative past performance information. GAO acknowledged that there may be certain situations where the agency is required to consider such information that it is aware of during its evaluation. But according to
- [$15 Minimum Wage Coming to Federal Contracting in 2022](https://smallgovcon.com/statutes-and-regulations/15-minimum-wage-coming-to-federal-contracting-in-2022/) - Beginning January 30, 2022, all prime contractors and subcontractors doing work on a government contract will be required to pay workers at least $15 per hour, based on a recent executive order. The executive order does not stop there, beginning in 2023 the wage will go up annually. When can we expect formal guidance to
- [NAICS Code Challenges Must Show why the Code Chosen is Incorrect, OHA Says](https://smallgovcon.com/naics-code-appeals/naics-code-challenges-must-show-why-the-code-chosen-is-incorrect-oha-says/) - We’ve all seen cases of agencies assigning NAICS codes to solicitations that just seem…off. But, unless a contractor can show that the code chosen was clearly erroneous, government contractors will simply have to make do with what they’ve been given. The OHA recently handed down a decision confirming this. The decision concerned an Army Request
- [Solicitation Omits NAICS Code and Size Standard--But Agency Still Rejects Large Business's Bid](https://smallgovcon.com/gaobidprotests/solicitation-omits-naics-code-and-size-standard-but-agency-still-rejects-large-businesss-bid/) - An offeror's bid was rejected because the offeror wasn't a small business--even though the solicitation didn't contain a NAICS code or corresponding size standard. It sounds like a successful bid protest waiting to happen, but GAO didn't see it that way. Instead, GAO dismissed the protest because the offeror should have protested the defective solicitation
- [SmallGovCon Week in Review: May 10-14, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-may-10-14-2021/) - This week on the blog we continue to bring you coverage of federal government contracting news as government agencies search for solutions to cyber security challenges and, in response, contractors enhance their own cyber defenses. Here are a several other happenings in federal government contracting news for this week, including an announcement from Administrator Isabella Casillas
- [COFC Examines Small Business Size Recertification After Merger or Sale](https://smallgovcon.com/statutes-and-regulations/cofc-examines-small-business-size-recertification-after-merger-or-sale/) - A recent Court of Federal Claims decision examined the impact on the award to a small business when that small business is acquired, after proposal submission but before award, by a large business. In doing so, the court looked very closely at the FAR clauses incorporated into the solicitation by reference, versus those that are
- [CIO-SP4 Postponed (Again) But Final Signature Expected Next Week](https://smallgovcon.com/events/cio-sp4-postponed-again-but-final-signature-expected-next-week/) - NITAAC's Acting Director Brian Goodger released an update on the long awaited CIO-SP4 Request for Proposals (RFP) today. He provided some insight as to the delays in the RFP's release and assured everyone that they expect the last signature on the final RFP next week. For those who don't know, NITAAC (the NIH Information Technology Acquisition
- [Late Quotation? No Protest: Protester who Submitted Quotation Late is Not Interested Party, per GAO](https://smallgovcon.com/gaobidprotests/late-quotation-no-protest-protester-who-submitted-quotation-late-is-not-interested-party-per-gao/) - You submit a quotation after the given solicitation deadline. The solicitation includes a provision stating, in part, that late submissions will not be considered, but the Contracting Officer (CO) evaluates your quotation anyway. The CO goes with another contractor, and you submit a protest. After all, the CO evaluated your bid, you have an interest
- [GAO: Unequal Exchanges With Offerors by Agency Leads to Sustained Protest](https://smallgovcon.com/gaobidprotests/gao-unequal-exchanges-with-offerors-by-agency-leads-to-sustained-protest/) - An agency providing an opportunity to substantially revise a proposal can seem too good to be true. And sometimes, it is. It is a fundamental principle of procurement law that offerors must be treated equally. When one offeror is given an opportunity to “fix” the deficiencies in its proposal, but the other offeror is not,
- [DOD: Sole-Source Contracts up to $100 Million Don't Need Justification](https://smallgovcon.com/8a-program/dod-sole-source-contracts-up-to-100-million-dont-need-justification/) - Effective March 17, DOD contracting officers won’t have to issue a justification or obtain approval for award of a sole- source contract under the Small Business Administration’s 8(a) program for awards up to $100 million, up from the prior $22 million limit. This Department of Defense class deviation implements the higher dollar amount that Congress set in the 2020 National Defense Authorization Act. This change will only matter for 8(a) concerns owned by an Indian Tribe, Alaska Native Corporation (ANC) or Native Hawaiian Organization (NHO), as other 8(a) firms are limited to a smaller dollar amount for sole source awards.
- [Small GovCon Week in Review: May 3-7, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/small-govcon-week-in-review-may-3-7-2021/) - It will be a great weekend to celebrate Mother's Day and show all those hard working moms out there some appreciation. We hope you can get out and enjoy the wonderful spring weather and make the day special for the mothers in your life. As a wise person once said: "A Mother is she who
- [5 Things You Should Know: SBA's Recent 8(a) Program Updates](https://smallgovcon.com/8a-program/5-things-you-should-know-sbas-recent-8a-program-updates/) - SBA has been hard at work this past year updating its 8(a) Business Development Program rules and policies. And we have been doing our best here at SmallGovCon to keep you posted. Many of our blog posts focused on SBA's monumental November 2020 "rule overhaul," which implemented several 8(a) rule changes. But given the sheer
- [Alert: SBA Will Freeze HUBZone Maps Until June 30, 2023](https://smallgovcon.com/hubzone-program/alert-sba-will-freeze-hubzone-maps-until-june-30-2023/) - HUBZone companies will get some additional time to plan for the unfreezing of the HUBZone maps by SBA. SBA has just issued a direct final rule that will extend the HUBZone map freeze from December 31, 2021, to June 30, 2023. In an earlier rule, SBA had indicated that it would freeze current HUBZone designations
- [SmallGovCon Welcomes John Holtz](https://smallgovcon.com/events/smallgovcon-welcomes-john-holtz/) - I am pleased to announce that John Holtz has joined our team of government contracts attorney-authors here at SmallGovCon. John is an associate attorney with Koprince Law LLC, where his practice focuses on federal government contracts law. Before joining our team, John practiced law in a variety of areas, including litigation and corporate counsel matters, and developed a wide
- [SBA OHA: Ownership and Control are Not the Same in the WOSB Program](https://smallgovcon.com/women-owned-small-business-program/sba-oha-ownership-and-control-are-not-the-same-in-the-wosb-program/) - A company learned the hard way that just because their business is majority owned by a woman, it doesn’t mean they are a Women-Owned Small Business (WOSB) in the eyes of the SBA. The question is one of both ownership and control. The case is SBA No. WOSB-113. In December 2016, Joint Information Network (JIN)
- [SmallGovCon Week in Review: April 26-30, 2021](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-26-30-2021/) - If April showers bring May flowers, Lawrence, Kansas should be a kaleidoscope of color next week. The rain was so heavy at one point our street became a river for a few hours. The sun is shining today, however, and you can almost see the grass growing. It's time to fire up the lawn mower
- [GAO: Solicitation Cannot Require a Protégé Have the Same Experience as its Mentor](https://smallgovcon.com/gaobidprotests/gao-solicitation-cannot-require-a-protege-have-the-same-experience-as-its-mentor/) - SBA regulations prohibit agencies from requiring the same past performance record from both mentor and protégé entities. The regulations explicitly prohibit this type of requirement. In a recent GAO decision, it sustained the protest where an agency required all members in a joint venture to submit the same past experience examples in their proposal. The
- [Five Things You Should Know: Responding to Size Protests](https://smallgovcon.com/gaobidprotests/five-things-you-should-know-responding-to-size-protests/) - There are many things to know about responding to size protests. One could probably fill a book with the information-(actually I did, for those who want a real deep dive!). But if you need to know just the basics, here are five things you should know about size protests that can help you be prepared
- [SBA's SDVOSB "Normal Business Hours" Rule Needs Fixing--Here's How](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/sbas-sdvosb-normal-business-hours-rule-needs-fixing-heres-how/) - SBA's regulations for service-disabled veteran-owned small businesses create a rebuttable presumption that a service-disabled veteran doesn't control the company if the veteran is unable to work normal business hours in the company's industry. The rule sounds reasonable at first blush, but as a recent SBA Office of Hearings and Appeals case demonstrates, the SBA may
- [SmallGovCon Week in Review: April 19-April 23](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-19-april-23/) - As you move into the weekend, be on the lookout for the Pink Moon. It's not really pink though, the name comes from the herb moss pink, also known as creeping phlox, so NASA tells me. This is one of the earliest flowers of spring. So even if you don't actually see a pink moon,
- [Are You a Small Business Being Acquired by a Large Business? Check Your Pending Bids](https://smallgovcon.com/statutes-and-regulations/are-you-a-small-business-being-acquired-by-a-large-business-check-your-pending-bids/) - Many small business clients of mine have been approached by or considered acquisition by a larger firm. Well, if this sort of sale or merger would turn a small business into a large business, the small business should pay close attention to a little-publicized change stemming from SBA's Mentor-Protégé Consolidation rule that came out last
- [Five Things to Look for in Executive Order Strengthening Buy American Act](https://smallgovcon.com/statutes-and-regulations/five-things-to-look-for-in-executive-order-strengthening-buy-american-act/) - As we have blogged about previously, the Buy American Act has a number of exceptions and waivers. The United States spends hundreds of billions of dollars each year in contracting alone. The Buy American Act is intended to keep federal dollars in the hands of American companies and manufacturers. The president's new executive order on
- [Congress Should Codify--and Expand--SBA's Solution to the "Runway Extension" Small Business Size Calculation Problem](https://smallgovcon.com/statutes-and-regulations/congress-should-codify-and-expand-sbas-solution-to-the-runway-extension-small-business-size-calculation-problem/) - In January 2022, the rules regarding calculating small business size status for federal procurements will change dramatically. Companies operating under receipts-based size standards will be required to use their last five completed fiscal years--not three. And businesses operating under employee-based size standards will be made to use their last 24 months of payroll, instead of
- [SmallGovCon Week in Review: April 12-April 16](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-12-april-16/) - Lately, I've been enjoying attending my daughter's soccer games on the weekend. It's nice getting out into the fresh air. Hope you are able to enjoy some fresh air this weekend as well. But before you do, check out the latest updates in government contracting. This week saw some important updates in the federal contracting
- [Past Performance: Agency Can Consider Whether Prime & Subcontractor Have Worked Together Previously](https://smallgovcon.com/gaobidprotests/past-performance-agency-can-consider-whether-prime-subcontractor-have-worked-together-previously/) - An agency's past performance evaluation may consider whether the prime contractor and a proposed subcontractor have worked together previously--even if the solicitation is silent about such consideration. In a recent bid protest decision, the GAO held that there was nothing improper about an agency's determination that the awardee's prior working history with its subcontractor decreased
- [Congress Says Small Businesses Without Past Performance Can Submit Joint Venture Experience Instead](https://smallgovcon.com/statutes-and-regulations/congress-says-small-businesses-without-past-performance-can-submit-joint-venture-experience-instead/) - The 2021 NDAA contains requirement that agencies joint venture past performance if joint venture member does not have individual experience.
- [5 Things to Know About an 8(a) Bona Fide Place of Business](https://smallgovcon.com/8a-program/5-things-to-know-about-an-8a-bona-fide-place-of-business/) - Eligibility to bid for construction contracts in the 8(a) program can be a maze to navigate for small businesses. The lifeblood for these companies is identifying and becoming eligible to bid for these prized solicitations. As a new 8(a) entity, or one looking to branch out, you may be wondering how to establish a bona
- [SBA Suggests Three Pages or Fewer for Social Disadvantage Narratives--But Really?](https://smallgovcon.com/8a-program/sba-suggests-three-pages-or-less-for-social-disadvantage-narratives-but-really/) - SBA guidance on Certify.SBA.Gov suggests that an 8(a) Program applicant's social disadvantage narrative should be "three pages or less." While we are definitely in the habit of recommending small business contractors to follow SBA's guidance most of the time, we simply cannot climb aboard the "three-page" ship. In fact, we have significant concerns that submitting
- [Event: Three-Part Series on Joint Ventures & Prime/Subcontractor Teams](https://smallgovcon.com/events/event-three-part-series-on-joint-ventures-prime-subcontractor-teams/) - For small and large businesses alike, joint venturing and prime/subcontractor teaming on federal contracts can bring powerful benefits. But the rules governing teaming and JVs can be complex, and in focusing on compliance, sometimes best practices can get lost in the shuffle. On April 20 through 22, please join me and Nicole Pottroff for a
- [SmallGovCon Week in Review: April 5-April 9](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-april-5-april-9/) - As I drove into work today, the redbuds are in full bloom. The purple flowers are the first to appear, after a long, cold winter and it's a pretty sight and a sure sign that spring is here. Hope you are able to enjoy some nice spring weather this weekend and immerse yourself in the
- [GAO Upholds Agency's Cancellation of LPTA Procurement with only One Acceptable Offer](https://smallgovcon.com/gaobidprotests/gao-upholds-agencys-cancellation-of-lpta-procurement-with-only-one-acceptable-offer/) - Your company is the only technically acceptable offeror in an lowest-priced, technically acceptable procurement. You win, right? Not when the agency cancels the solicitation, hoping that a cheaper offeror who was not technically acceptable will submit a bid if given another chance. GAO recently considered this very scenario.
- [SBA's Plans For New Rules in 2021 and Beyond](https://smallgovcon.com/statutes-and-regulations/sbas-plans-for-new-rules-in-2021-and-beyond/) - SBA has issued its regulatory agenda for what rules it plans to roll out later this year. Here is a rundown of the key rules. SBA recently released its semiannual Regulatory Agenda, which is a summary of current and projected regulatory actions, and invited the public to comment. Below, I summarize some of the key
- [You May Dig Yourself into the Mud by Failing to Use the Standard Form for Your Bid Bond](https://smallgovcon.com/gaobidprotests/you-may-dig-yourself-into-the-mud-by-failing-to-use-the-standard-form-for-your-bid-bond/) - When required, bid bonds are an essential aspect to a proper bid. Under FAR 52.228-1, they secure the liability of a surety to the government by providing funds to cover the excess costs of awarding to the next eligible bidder if the successful bidder defaults by failing to fulfill these obligations.
- [Including Dollar Amount in Claim "Sum Certain"-ly Serious Business](https://smallgovcon.com/claims-and-appeals/including-dollar-amount-in-claim-sum-certain-ly-serious-business/) - In a recent case before the Armed Services Board of Contract Appeals, a government contractor, Sweet Star Logistic Services , had a claim dismissed for lack of jurisdiction because it did not include a “sum certain.”
- [Too Little Too Late Taken Literally When It Comes To Agency-Level Protests](https://smallgovcon.com/gaobidprotests/too-little-too-late-taken-literally-when-it-comes-to-agency-level-protests/) - In a recent decision, the GAO dismissed a protest challenging the USDA’s issuance of a lease contract as untimely where protester’s communications with the agency did not constitute an agency-level protest, and the protest was filed more than 10 days after the notice that formed the basis of its protest was received by protester.
- [Exceeding Solicitation’s Page Limit Renders Offer Technically Unacceptable, Even if It’s the Cover Page](https://smallgovcon.com/gaobidprotests/exceeding-solicitations-page-limit-renders-offer-technically-unacceptable-even-if-its-the-cover-page/) - In a recent decision, the GAO laid down a stark reminder of its unwavering demand that offers be absolutely and meticulously compliant with the instructions of a solicitation. In the decision, GAO denied a protest challenging the agency’s evaluation of a proposal as technically unacceptable where the record showed certain required information in the proposal was in pages that exceeded the solicitation’s page limits, and the agency’s decision not to consider that information was reasonable and consistent with the solicitation’s terms.
- [Not All Claims That Wander Into the ASBCA Will Be Heard](https://smallgovcon.com/claims-and-appeals/not-all-claims-that-wander-into-the-asbca-will-be-heard/) - Some times it's easy to forget that the world of government contracting, including the many agencies which oversee its administration, exist within an overarching federal system of delegated powers, which comes to bear on the outcome of disputes. The Armed Services Board of Contract Appeals receives its authority from sections of the Contract Disputes Act,
- [Buy American Act Domestic Component Threshold Gets A Raise](https://smallgovcon.com/statutes-and-regulations/buy-american-act-domestic-component-threshold-gets-a-raise/) - A new FAR final rule recently went into effect that has increased the percentage for the domestic component requirement under the Buy American Act, a percentage that had been in place for nearly 70 years before this recent change. Originally passed in 1933, in simple terms, the Buy American Act (BAA) encourages Federal agencies to
- [Event: Government Contracts Update with UTSA PTAC](https://smallgovcon.com/events/event-government-contracts-update-with-utsa-ptac/) - My colleague Steven Koprince and I will be providing a Government Contracts Legal Update 2021 in cooperation with The University of Texas at San Antonio Institute for Economic Development PTAC. We will provide a comprehensive update on the most important government contracting legal changes of late 2020 and the first months of 2021. The event
- [Reminder: If Pricing is Too High, VA Rule of Two Might Not Apply](https://smallgovcon.com/service-disabled-veteran-owned-small-businesses/reminder-if-pricing-is-too-high-va-rule-of-two-might-not-apply/) - The VA Rule of Two, while a powerful motivator for setting procurements aside for service-disabled veteran-owned small businesses, does have its limits. One of those exceptions was discussed in a recent ruling from the United States Court of Appeals for the Federal Circuit. The court confirmed that the VA may convert a service-disabled veteran-owned small
- [If You Plan to Use the SBA's Template Joint Venture Agreement, Read This First](https://smallgovcon.com/statutes-and-regulations/if-you-plan-to-use-the-sbas-template-joint-venture-agreement-read-this-first/) - If you're setting up your first joint venture under the SBA's rules, you may be tempted to download the SBA's template joint venture agreement and use it as-is. But, as of the date of this post, the SBA's template joint venture agreement is outdated--and it also has some other quirks and potential problems you should
- [SmallGovCon Week in Review: March 29-April 2](https://smallgovcon.com/smallgovcon-week-in-review-2/smallgovcon-week-in-review-march-29-april-2/) - Hard to believe it, but March has come and gone and now we're one quarter of the way through 2021! As you try and figure out where the year has gone this weekend, peruse these government contracting updates that reflect on what has occurred and what could happen during the rest of 2021. Some of
- [Koprince Law Announces Nicole Pottroff as Partner](https://smallgovcon.com/uncategorized/koprince-law-announces-nicole-pottroff-as-partner/) - Koprince Law LLC, a boutique federal government contracts firm in Lawrence, KS, is pleased to announce that that Nicole Pottroff has now been elevated to partner status with the firm! Nicole's legal practice focuses exclusively on representing federal government contractors. Among her many professional accomplishments, Nicole recently co-authored the totally revamped “Koprince Law LLC GovCon Handbook
- [Past Performance Isn't Always a Required Evaluation Factor, Says GAO](https://smallgovcon.com/gaobidprotests/past-performance-isnt-always-a-required-evaluation-factor-says-gao/) - For companies trying to break into the government market for the first time, past performance can seem a bit like the old chicken-and-egg conundrum. Sometimes it can appear like a company can't win a government contract without a strong record of past performance--but can't build a past performance record without contracts! And with the government's
- [Small GovCon Week in Review: March 22-26](https://smallgovcon.com/smallgovcon-week-in-review-2/small-govcon-week-in-review-march-22-26/) - Our hometown Jayhawks basketball team didn't fare so well in the NCAA tournament. That's alright; spring is right around the corner. And with it some nice weather across the country. Hope you are able to enjoy the outdoors this weekend. But before the weekend arrives, this week brought some interesting updates in government contracting, including
- [OHA to Area Office: Prime-Subcontractor Teams are Different than Joint Ventures for Size Purposes](https://smallgovcon.com/sbaohadecisions/oha-prime-subcontractor-teams-are-different-than-joint-ventures-for-size-purposes/) - The ostensible subcontractor rule says that, for a small business or socioeconomic set-aside such as 8(a), the small business prime contractor must perform the primary and vital parts of the contract and can't be unduly reliant on a subcontractor. If the small business is found to violate the rule, the size of the small prime
- [Event: Understanding & Obtaining HUBZone Certification - Update 2021](https://smallgovcon.com/events/event-understanding-obtaining-hubzone-certification-update-2021/) - Live Govology Webinar: April 8, 2021, 1:00-2:30pm EDT Instructors: Steven Koprince & Shane McCall In late 2019, the SBA issued a final rule, making several changes to the HUBZone program. Join us as we discuss these changes as well as SBA’s related guidance and provide an overview of the HUBZone program’s requirements, including: Ownership, control,
- [Update: DUNS Not "Done" Until Spring 2022](https://smallgovcon.com/statutes-and-regulations/update-duns-not-done-until-spring-2022/) - GSA has recently announced that the long anticipated DUNS Number transition to the new Unique Entity ID (UEI) Standard has been pushed back to April 2022. We first blogged on GSA's intention to swap out the DUNS numbering system for the UEI Standard in July 2019. We also "demystified" the DUNS-to-UEI-transition in a later blog,
- [SBA's Change to Joint Venture Bank Account Rule is Another Trap for the Unwary](https://smallgovcon.com/statutes-and-regulations/sbas-change-to-joint-venture-bank-account-rule-is-another-trap-for-the-unwary/) - If you are part of a joint venture between a small protege and its large mentor under the SBA's Mentor-Protege Program, heads up: the SBA recently amended its list of mandatory requirements for joint venture agreements to cover what happens to funds left over in the joint venture bank account at the end of a
- [Small GovCon Week in Review: March 15-19](https://smallgovcon.com/smallgovcon-week-in-review-2/small-govcon-week-in-review-march-15-19/) - March Madness begins today and as residents of a city where basketball reigns supreme (Lawrence, Kansas) I can tell you that we are all beyond excited about the NCAA tournament. We have our brackets completed and locked in so let the games begin! We are also seeing signs of Spring as the temperatures are warming,

## Pages

- [Jordan Akins](https://smallgovcon.com/jordan-akins/) - Jordan is an Associate Attorney at Koprince McCall Pottroff LLC. Before joining the firm, Jordan served as General Counsel for the state, advising several agencies and boards on statutes, regulations, and newly adopted legislation. Her diverse experience in state government helps her break down complex legal issues into practical, understandable guidance for clients. Jordan earned
- [About the Authors](https://smallgovcon.com/about-the-blog/about-steven-koprince/) - Government contracts attorney Steven Koprince focuses his legal practice on representing federal government contractors.
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- [SBA Size Protests](https://smallgovcon.com/government-contracts-attorney/sba-size-protests-attorney/) - Government contracts attorney assisting small businesses with filing SBA size protests and defending against competitors' SBA size protests.
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- [Organizational Conflict of Interest Training](https://smallgovcon.com/consulting/organizational-conflict-of-interest-training-2/) - Organizational Conflict of Interest training can help you and your employees identify, avoid, and mitigate OCI issues on federal government contracts.
- [FAA ODRA Protests](https://smallgovcon.com/government-contracts-attorney/faa-odra-protest-attorney-services/) - FAA ODRA protest attorney services from Petefish, Immel, Heeb & Hird, LLP--including filing a FAA ODRA protest, intervening in a FAA ODRA protest, and more.
- [Government Subcontracts](https://smallgovcon.com/government-contracts-attorney/government-subcontracts-lawyer/) - Koprince Law LLC assists federal government contractors in preparing subcontracts for use on federal government projects.
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- [Federal Mentor-Protégé Programs](https://smallgovcon.com/government-contracts-attorney/federal-mentor-protege-programs/) - Government contracts attorney providing 8(a) mentor-protege agreements, DoD mentor protege agreements, 8(a) joint venture agreements, and more.
- [Joint Venture Agreements and Teaming Agreements](https://smallgovcon.com/government-contracts-attorney/joint-venturing-agreements-and-teaming-agreements/) - Government contracts attorney assisting with 8(a) joint venture agreements, SDVOSB joint venture agreements, and other joint venture and teaming agreements.
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- [HUBZone Program](https://smallgovcon.com/government-contracts-attorney/hubzone-program-attorney/) - Government contracts attorney assisting with HUBZone certification, HUBZone decertification, HUBZone protests, HUBZone audits, HUBZone compliance, and more.
- [Service-Disabled Veteran-Owned Small Business Programs](https://smallgovcon.com/government-contracts-attorney/service-disabled-veteran-owned-small-business-attorney/) - Government contracts attorney assisting SDVOSBs with CVE verification, SDVOSB joint ventures, SDVOSB protests and appeals, SDVOSB compliance, and more.
- [8(a) Program Attorney Services](https://smallgovcon.com/government-contracts-attorney/8a-program-attorney/) - Government contracts attorney providing 8(a) program services, including 8(a) certification, 8(a) mentor-protege and joint venture agreements, and more.
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## Categories

- [Uncategorized](https://smallgovcon.com/category/uncategorized/)
- [Service-Disabled Veteran-Owned Small Businesses](https://smallgovcon.com/category/service-disabled-veteran-owned-small-businesses/)
- [GAO Bid Protests](https://smallgovcon.com/category/gaobidprotests/) - GAO bid protest decisions, commentary on GAO bid protest regulations, and related topics.
- [SBA OHA Decisions](https://smallgovcon.com/category/sbaohadecisions/) - Includes decisions of the SBA Office of Hearings and Appeals, including size appeal decisions, service-disabled veteran-owned small business appeal decisions, NAICS code appeal decisions, and women-owned small business appeal decisions.
- [HUBZone Program](https://smallgovcon.com/category/hubzone-program/) - Posts dealing with the HUBZone program, including HUBZone eligibility and certification, the “35%” and “primary office” rules, the HUBZone price preference, and related matters.
- [NAICS Code Appeals](https://smallgovcon.com/category/naics-code-appeals/) - Posts dealing with appeals of North American Industry Classification System Codes, decided by the SBA Office of Hearings and Appeals.
- [8(a) Program](https://smallgovcon.com/category/8a-program/) - Posts dealing with the 8(a) business development program, including 8(a) admissions and eligiblity, requests for reconsideration, ongoing eligibility and compliance, and related matters.
- [SBA Size Protests](https://smallgovcon.com/category/sba-size-protests/)
- [Events](https://smallgovcon.com/category/events/) - Posts dealing with seminars, webinars, and other government contracting events in which Steven Koprince is a speaker, panelist, sponsor, etc.
- [Suspension Debarment and Penalties](https://smallgovcon.com/category/debarment-and-penalties/) - Posts in this category deal with suspension, debarment, fines, and other penalties imposed on government contractors, as well as settlement agreements reached between the government and contractors to resolve these issues.
- [Statutes and Regulations](https://smallgovcon.com/category/statutes-and-regulations/)
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## Tags

- [SBA affiliation rules](https://smallgovcon.com/tag/sba-affiliation-rules/)
- [minority shareholder affiliation rule](https://smallgovcon.com/tag/minority-shareholder-affiliation-rule/)
- [VA](https://smallgovcon.com/tag/va/)
- [CVE](https://smallgovcon.com/tag/cve/)
- [set-asides](https://smallgovcon.com/tag/set-asides/)
- [Aldevra](https://smallgovcon.com/tag/aldevra/)
- [GSA Schedule](https://smallgovcon.com/tag/gsa-schedule/)
- [joint ventures](https://smallgovcon.com/tag/joint-ventures/)
- [supermajority and unanimity provisions](https://smallgovcon.com/tag/supermajority-and-unanimity-provisions/)
- [SDVOSB eligibility](https://smallgovcon.com/tag/sdvosb-eligibility/)
- [bids and proposals](https://smallgovcon.com/tag/bids-and-proposals/)
- [HUBZone price preference](https://smallgovcon.com/tag/hubzone-price-preference/)
- [SBA size appeals](https://smallgovcon.com/tag/sba-size-appeals/)
- [GAO Jurisdiction](https://smallgovcon.com/tag/gao-jurisdiction/)
- [Task Orders](https://smallgovcon.com/tag/task-orders/)
- [ostensible subcontractor affiliation](https://smallgovcon.com/tag/ostensible-subcontractor-affiliation/)
- [size protests](https://smallgovcon.com/tag/size-protests/)
- [Newly Organized Concern Affiliation](https://smallgovcon.com/tag/newly-organized-concern-affiliation/)
- [TImeliness](https://smallgovcon.com/tag/timeliness/)
- [Subcontracting Goals](https://smallgovcon.com/tag/subcontracting-goals/)
- [Subcontracting Plans](https://smallgovcon.com/tag/subcontracting-plans/)
- [Organizational Conflicts of Interest](https://smallgovcon.com/tag/organizational-conflicts-of-interest/)
- [Mentor-Protege Programs](https://smallgovcon.com/tag/mentor-protege-programs/)
- [Joint Ventures; SDVOSB Protests](https://smallgovcon.com/tag/joint-ventures-sdvosb-protests/)
- [Confidential Information](https://smallgovcon.com/tag/confidential-information/)
- [False Claims Act](https://smallgovcon.com/tag/false-claims-act/)
- [VA CVE Verification](https://smallgovcon.com/tag/va-cve-verification/)
- [VA CVE Reconsideration](https://smallgovcon.com/tag/va-cve-reconsideration/)
- [Federal Acquisition Regulation](https://smallgovcon.com/tag/federal-acquisition-regulation/)
- [identity of interest affiliation](https://smallgovcon.com/tag/identity-of-interest-affiliation/)
- [family relationships](https://smallgovcon.com/tag/family-relationships/)
- [bonding](https://smallgovcon.com/tag/bonding/)
- [Non-manufacturer rule](https://smallgovcon.com/tag/non-manufacturer-rule/)
- [unconditional control](https://smallgovcon.com/tag/unconditional-control/)
- [rule of two](https://smallgovcon.com/tag/rule-of-two/)
- [SBA affiliation rules; ostensible subcontractor affiliation](https://smallgovcon.com/tag/sba-affiliation-rules-ostensible-subcontractor-affiliation/)
- [The Small Business Guide to Government Contracts](https://smallgovcon.com/tag/the-small-business-guide-to-government-contracts/)
- [standing](https://smallgovcon.com/tag/standing/)
- [NAICS codes](https://smallgovcon.com/tag/naics-codes/)
- [SBA size standards](https://smallgovcon.com/tag/sba-size-standards/)
- [present effect rule](https://smallgovcon.com/tag/present-effect-rule/)
- [Bias](https://smallgovcon.com/tag/bias/)
- [Subcontracting](https://smallgovcon.com/tag/subcontracting/)
- [specificity](https://smallgovcon.com/tag/specificity/)
- [Limitations on Subcontracting](https://smallgovcon.com/tag/limitations-on-subcontracting/)
- [IDIQs](https://smallgovcon.com/tag/idiqs/)
- [costs and fees](https://smallgovcon.com/tag/costs-and-fees/)
- [Attorneys fees and costs](https://smallgovcon.com/tag/attorneys-fees-and-costs/)
- [economic dependence affiliation](https://smallgovcon.com/tag/economic-dependence-affiliation/)
- [Bribery](https://smallgovcon.com/tag/bribery/)
- [Past performance](https://smallgovcon.com/tag/past-performance/)
- [SBA affiliation rules; joint ventures](https://smallgovcon.com/tag/sba-affiliation-rules-joint-ventures/)
- [adverse inference](https://smallgovcon.com/tag/adverse-inference/)
- [employee-based size standards](https://smallgovcon.com/tag/employee-based-size-standards/)
- [bid bonds](https://smallgovcon.com/tag/bid-bonds/)
- [teaming agreements](https://smallgovcon.com/tag/teaming-agreements/)
- [Brooks Act](https://smallgovcon.com/tag/brooks-act/)
- [bylaws](https://smallgovcon.com/tag/bylaws/)
- [SDVOSB Protests](https://smallgovcon.com/tag/sdvosb-protests/)
- [representations and certifications](https://smallgovcon.com/tag/representations-and-certifications/)
- [ostensible subcontractor rule](https://smallgovcon.com/tag/ostensible-subcontractor-rule/)
- [VetBiz](https://smallgovcon.com/tag/vetbiz/)
- [solicitation terms](https://smallgovcon.com/tag/solicitation-terms/)
- [discussions](https://smallgovcon.com/tag/discussions/)
- [FAA](https://smallgovcon.com/tag/faa/)
- [WOSB eligibility](https://smallgovcon.com/tag/wosb-eligibility/)
- [WOSB protests](https://smallgovcon.com/tag/wosb-protests/)
- [EDWOSB program](https://smallgovcon.com/tag/edwosb-program/)
- [adverse inference rule](https://smallgovcon.com/tag/adverse-inference-rule/)
- [HUBZonen compliance](https://smallgovcon.com/tag/hubzonen-compliance/)
- [blanket purchase agreements](https://smallgovcon.com/tag/blanket-purchase-agreements/)
- [SBA size protests](https://smallgovcon.com/tag/sba-size-protests-2/)
- [HUBZone compliance](https://smallgovcon.com/tag/hubzone-compliance/)
- [annual receipts](https://smallgovcon.com/tag/annual-receipts/)
- [Filing](https://smallgovcon.com/tag/filing/)
- [fraud](https://smallgovcon.com/tag/fraud/)
- [DOT DBE program](https://smallgovcon.com/tag/dot-dbe-program/)
- [patent ambiguity](https://smallgovcon.com/tag/patent-ambiguity/)
- [ASBCA decisions](https://smallgovcon.com/tag/asbca-decisions/)
- [AbilityOne program](https://smallgovcon.com/tag/abilityone-program/)
- [SDVOSB appeals](https://smallgovcon.com/tag/sdvosb-appeals/)
- [OPIC](https://smallgovcon.com/tag/opic/)
- [evaluations](https://smallgovcon.com/tag/evaluations/)
- [negative control](https://smallgovcon.com/tag/negative-control/)
- [SmallGovCon Information](https://smallgovcon.com/tag/smallgovcon-information/)
- [fedbizopps](https://smallgovcon.com/tag/fedbizopps/)
- [SBIR](https://smallgovcon.com/tag/sbir/)
- [market research](https://smallgovcon.com/tag/market-research/)
- [SBA OHA jurisdiction](https://smallgovcon.com/tag/sba-oha-jurisdiction/)
- [OCI mitigation plans](https://smallgovcon.com/tag/oci-mitigation-plans/)
- [GAO bid protests](https://smallgovcon.com/tag/gao-bid-protests/)
- [ambiguities](https://smallgovcon.com/tag/ambiguities/)
- [SBA scorecard](https://smallgovcon.com/tag/sba-scorecard/)
- [government-wide goals](https://smallgovcon.com/tag/government-wide-goals/)
- [small business goaling program](https://smallgovcon.com/tag/small-business-goaling-program/)
- [unduly restrictive](https://smallgovcon.com/tag/unduly-restrictive/)
- [procurement fraud](https://smallgovcon.com/tag/procurement-fraud/)
- [8(a) fraud](https://smallgovcon.com/tag/8a-fraud/)
- [8(a) sole source](https://smallgovcon.com/tag/8a-sole-source/)
- [SBA size determinations](https://smallgovcon.com/tag/sba-size-determinations/)
- [price realism](https://smallgovcon.com/tag/price-realism/)
- [three-in-two rule](https://smallgovcon.com/tag/three-in-two-rule/)
- [unequal evaluations](https://smallgovcon.com/tag/unequal-evaluations/)
- [8(a) mentor protege program](https://smallgovcon.com/tag/8a-mentor-protege-program/)
- [prompt payment](https://smallgovcon.com/tag/prompt-payment/)
- [FAR clauses](https://smallgovcon.com/tag/far-clauses/)
- [size recertification](https://smallgovcon.com/tag/size-recertification/)
- [8(a) offering letterrs](https://smallgovcon.com/tag/8a-offering-letterrs/)
- [low-price technically-acceptable](https://smallgovcon.com/tag/low-price-technically-acceptable/)
- [labor rates](https://smallgovcon.com/tag/labor-rates/)
- [pricing](https://smallgovcon.com/tag/pricing/)
- [interested party](https://smallgovcon.com/tag/interested-party/)
- [criminal penalties](https://smallgovcon.com/tag/criminal-penalties/)
- [false certifications](https://smallgovcon.com/tag/false-certifications/)
- [HUBZone 35% requirement](https://smallgovcon.com/tag/hubzone-35-requirement/)
- [CCR profiles](https://smallgovcon.com/tag/ccr-profiles/)
- [incumbency](https://smallgovcon.com/tag/incumbency/)
- [Federal Funding Accountability and Transparency Act](https://smallgovcon.com/tag/federal-funding-accountability-and-transparency-act/)
- [Freedom of Information Act](https://smallgovcon.com/tag/freedom-of-information-act/)
- [price reasonableness](https://smallgovcon.com/tag/price-reasonableness/)
- [fixed-price](https://smallgovcon.com/tag/fixed-price/)
- [conflicts of interest](https://smallgovcon.com/tag/conflicts-of-interest/)
- [buying in](https://smallgovcon.com/tag/buying-in/)
- [MATOCs](https://smallgovcon.com/tag/matocs/)
- [debriefings](https://smallgovcon.com/tag/debriefings/)
- [termination for convenience](https://smallgovcon.com/tag/termination-for-convenience/)
- [8(a) eligibility](https://smallgovcon.com/tag/8a-eligibility/)
- [8(a) applications](https://smallgovcon.com/tag/8a-applications/)
- [8(a) appeals](https://smallgovcon.com/tag/8a-appeals/)
- [events](https://smallgovcon.com/tag/events-2/)
- [responsibility](https://smallgovcon.com/tag/responsibility/)
- [certificate of competency](https://smallgovcon.com/tag/certificate-of-competency/)
- [licenses](https://smallgovcon.com/tag/licenses/)
- [VA OSDBU](https://smallgovcon.com/tag/va-osdbu/)
- [constitutionality](https://smallgovcon.com/tag/constitutionality/)
- [HUBZone principal office rule](https://smallgovcon.com/tag/hubzone-principal-office-rule/)
- [tribal affiliation rules](https://smallgovcon.com/tag/tribal-affiliation-rules/)
- [tribal businesses](https://smallgovcon.com/tag/tribal-businesses/)
- [totality of the circumstances affiliation rule](https://smallgovcon.com/tag/totality-of-the-circumstances-affiliation-rule/)
- [common ownership affiliation](https://smallgovcon.com/tag/common-ownership-affiliation/)
- [common management affiliation](https://smallgovcon.com/tag/common-management-affiliation/)
- [domestic preferences](https://smallgovcon.com/tag/domestic-preferences/)
- [Berry Amendment](https://smallgovcon.com/tag/berry-amendment/)
- [late bids](https://smallgovcon.com/tag/late-bids/)
- [labor hours](https://smallgovcon.com/tag/labor-hours/)
- [staffing](https://smallgovcon.com/tag/staffing/)
- [SDVOSB fraud](https://smallgovcon.com/tag/sdvosb-fraud/)
- [HUBZone fraud](https://smallgovcon.com/tag/hubzone-fraud/)
- [key employees](https://smallgovcon.com/tag/key-employees/)
- [competitive range](https://smallgovcon.com/tag/competitive-range/)
- [experience](https://smallgovcon.com/tag/experience/)
- [novations](https://smallgovcon.com/tag/novations/)
- [debarment](https://smallgovcon.com/tag/debarment/)
- [pass/fail evaluations](https://smallgovcon.com/tag/passfail-evaluations/)
- [technically unacceptable](https://smallgovcon.com/tag/technically-unacceptable/)
- [FAR cost principles](https://smallgovcon.com/tag/far-cost-principles/)
- [unallowable costs](https://smallgovcon.com/tag/unallowable-costs/)
- [Contractor Team Arrangement](https://smallgovcon.com/tag/contractor-team-arrangement/)
- [Court of Federal Claims decisions](https://smallgovcon.com/tag/court-of-federal-claims-decisions/)
- [GSA](https://smallgovcon.com/tag/gsa/)
- [leases](https://smallgovcon.com/tag/leases/)
- [e-Buy. GSA](https://smallgovcon.com/tag/e-buy-gsa/)
- [multiple-award contracts](https://smallgovcon.com/tag/multiple-award-contracts/)
- [IG reports](https://smallgovcon.com/tag/ig-reports/)
- [pass-throughs](https://smallgovcon.com/tag/pass-throughs/)
- [simplified acquisitions](https://smallgovcon.com/tag/simplified-acquisitions/)
- [affiliation exceptions](https://smallgovcon.com/tag/affiliation-exceptions/)
- [Small Business Act](https://smallgovcon.com/tag/small-business-act/)
- [highest compensated employee rule](https://smallgovcon.com/tag/highest-compensated-employee-rule/)
- [full-time management rule](https://smallgovcon.com/tag/full-time-management-rule/)
- [new evidence](https://smallgovcon.com/tag/new-evidence/)
- [clear fracture](https://smallgovcon.com/tag/clear-fracture/)
- [Veterans Day](https://smallgovcon.com/tag/veterans-day/)
- [MAGIC](https://smallgovcon.com/tag/magic/)
- [final proposal revisions](https://smallgovcon.com/tag/final-proposal-revisions/)
- [FAR lobbying restrictions](https://smallgovcon.com/tag/far-lobbying-restrictions/)
- [cost reimbursement contracts](https://smallgovcon.com/tag/cost-reimbursement-contracts/)
- [cost realism](https://smallgovcon.com/tag/cost-realism/)
- [pre-award GAO bid protests](https://smallgovcon.com/tag/pre-award-gao-bid-protests/)
- [incumbent personnel](https://smallgovcon.com/tag/incumbent-personnel/)
- [Executive Order 13495](https://smallgovcon.com/tag/executive-order-13495/)
- [weaknesses](https://smallgovcon.com/tag/weaknesses/)
- [SDVOSB set-asides](https://smallgovcon.com/tag/sdvosb-set-asides/)
- [sureties](https://smallgovcon.com/tag/sureties/)
- [Kingdomware](https://smallgovcon.com/tag/kingdomware/)
- [unstated evaluation criteria](https://smallgovcon.com/tag/unstated-evaluation-criteria/)
- [8(a) termination; 8(a) Standard Operating Procedure](https://smallgovcon.com/tag/8a-termination-8a-standard-operating-procedure/)
- [8(a) Participation Agreement](https://smallgovcon.com/tag/8a-participation-agreement/)
- [8(a) termination](https://smallgovcon.com/tag/8a-termination/)
- [solicitation amendments](https://smallgovcon.com/tag/solicitation-amendments/)
- [Q&As](https://smallgovcon.com/tag/qas/)
- [small business set-asides](https://smallgovcon.com/tag/small-business-set-asides/)
- [GAO reports](https://smallgovcon.com/tag/gao-reports/)
- [guest perspectives](https://smallgovcon.com/tag/guest-perspectives/)
- [GSA eBuy](https://smallgovcon.com/tag/gsa-ebuy/)
- [spoliation](https://smallgovcon.com/tag/spoliation/)
- [late](https://smallgovcon.com/tag/late/)
- [option years](https://smallgovcon.com/tag/option-years/)
- [long-term contracts](https://smallgovcon.com/tag/long-term-contracts/)
- [breach of contract](https://smallgovcon.com/tag/breach-of-contract/)
- [good faith and fair dealing](https://smallgovcon.com/tag/good-faith-and-fair-dealing/)
- [responsiveness](https://smallgovcon.com/tag/responsiveness/)
- [resumes](https://smallgovcon.com/tag/resumes/)
- [social disadvantage](https://smallgovcon.com/tag/social-disadvantage/)
- [chronic and substantial discrimination](https://smallgovcon.com/tag/chronic-and-substantial-discrimination/)
- [2013 NDAA](https://smallgovcon.com/tag/2013-ndaa/)
- [Civilian Board of Contract Appeals](https://smallgovcon.com/tag/civilian-board-of-contract-appeals/)
- [contract modifications](https://smallgovcon.com/tag/contract-modifications/)
- [NAICS appeals](https://smallgovcon.com/tag/naics-appeals/)
- [unconditional ownership](https://smallgovcon.com/tag/unconditional-ownership/)
- [injunctions](https://smallgovcon.com/tag/injunctions/)
- [personnel](https://smallgovcon.com/tag/personnel/)
- [pre-determination findings](https://smallgovcon.com/tag/pre-determination-findings/)
- [APTAC](https://smallgovcon.com/tag/aptac/)
- [PTACs](https://smallgovcon.com/tag/ptacs/)
- [self-certifications](https://smallgovcon.com/tag/self-certifications/)
- [Price Reduction Clause](https://smallgovcon.com/tag/price-reduction-clause/)
- [SBA](https://smallgovcon.com/tag/sba/)
- [HUBZone certification](https://smallgovcon.com/tag/hubzone-certification/)
- [claims](https://smallgovcon.com/tag/claims/)
- [Limitation of Costs clause](https://smallgovcon.com/tag/limitation-of-costs-clause/)
- [DFARS](https://smallgovcon.com/tag/dfars/)
- [verif](https://smallgovcon.com/tag/verif/)
- [non-responsibility](https://smallgovcon.com/tag/non-responsibility/)
- [8(a)](https://smallgovcon.com/tag/8a/)
- [economic disadvantage](https://smallgovcon.com/tag/economic-disadvantage/)
- [Court of Federal Claims jurisdiction](https://smallgovcon.com/tag/court-of-federal-claims-jurisdiction/)
- [Tucker Act](https://smallgovcon.com/tag/tucker-act/)
- [Contract Disputes Act](https://smallgovcon.com/tag/contract-disputes-act/)
- [proposal submission](https://smallgovcon.com/tag/proposal-submission/)
- [FAA ODRA decisions](https://smallgovcon.com/tag/faa-odra-decisions-2/)
- [bid](https://smallgovcon.com/tag/bid/)
- [SDVOSB joint ventures](https://smallgovcon.com/tag/sdvosb-joint-ventures/)
- [managing venturer](https://smallgovcon.com/tag/managing-venturer/)
- [joint venture agreements](https://smallgovcon.com/tag/joint-venture-agreements/)
- [8(a) program](https://smallgovcon.com/tag/8a-program-2/)
- [brand name](https://smallgovcon.com/tag/brand-name/)
- [overly restrictive](https://smallgovcon.com/tag/overly-restrictive/)
- [FSS](https://smallgovcon.com/tag/fss/)
- [Position To Win](https://smallgovcon.com/tag/position-to-win/)
- [Guy Timberlake](https://smallgovcon.com/tag/guy-timberlake/)
- [Larry Allen](https://smallgovcon.com/tag/larry-allen/)
- [corrective action](https://smallgovcon.com/tag/corrective-action/)
- [solicitation cancellation](https://smallgovcon.com/tag/solicitation-cancellation/)
- [successor-in-interest affiliation](https://smallgovcon.com/tag/successor-in-interest-affiliation/)
- [costs](https://smallgovcon.com/tag/costs/)
- [bad faith](https://smallgovcon.com/tag/bad-faith/)
- [good faith](https://smallgovcon.com/tag/good-faith/)
- [8(a) joint ventures](https://smallgovcon.com/tag/8a-joint-ventures/)
- [affi](https://smallgovcon.com/tag/affi/)
- [SmallGovCon Week in Review](https://smallgovcon.com/tag/smallgovcon-week-in-review/)
- [American Small Business Coalition](https://smallgovcon.com/tag/american-small-business-coalition/)
- [Washington Post](https://smallgovcon.com/tag/washington-post/)
- [Washington Technology](https://smallgovcon.com/tag/washington-technology/)
- [Federal News Radio](https://smallgovcon.com/tag/federal-news-radio/)
- [Federal COmputer Week](https://smallgovcon.com/tag/federal-computer-week/)
- [SmallGovCon](https://smallgovcon.com/tag/smallgovcon/)
- [SmallGovCon webinars](https://smallgovcon.com/tag/smallgovcon-webinars/)
- [Federal Times](https://smallgovcon.com/tag/federal-times/)
- [Native PTAC](https://smallgovcon.com/tag/native-ptac/)
- [Set-Aside Alert](https://smallgovcon.com/tag/set-aside-alert/)
- [small business goals](https://smallgovcon.com/tag/small-business-goals/)
- [8(a) annual report](https://smallgovcon.com/tag/8a-annual-report/)
- [American Legion](https://smallgovcon.com/tag/american-legion/)
- [FierceGovernment](https://smallgovcon.com/tag/fiercegovernment/)
- [GovExec](https://smallgovcon.com/tag/govexec/)
- [VetLikeMe](https://smallgovcon.com/tag/vetlikeme/)
- [FAR Part 19](https://smallgovcon.com/tag/far-part-19/)
- [primary and vital](https://smallgovcon.com/tag/primary-and-vital/)
- [Bill Jaffe](https://smallgovcon.com/tag/bill-jaffe/)
- [NextGov](https://smallgovcon.com/tag/nextgov/)
- [Federal Prison Industries](https://smallgovcon.com/tag/federal-prison-industries/)
- [VA Center for Verification and Evaluation](https://smallgovcon.com/tag/va-center-for-verification-and-evaluation/)
- [illusory control](https://smallgovcon.com/tag/illusory-control/)
- [SDVOSB applications](https://smallgovcon.com/tag/sdvosb-applications/)
- [government shutdown](https://smallgovcon.com/tag/government-shutdown/)
- [clarifications](https://smallgovcon.com/tag/clarifications/)
- [clerical errors](https://smallgovcon.com/tag/clerical-errors/)
- [mistakes](https://smallgovcon.com/tag/mistakes/)
- [GWACs](https://smallgovcon.com/tag/gwacs/)
- [unbalanced pricing](https://smallgovcon.com/tag/unbalanced-pricing/)
- [government employees](https://smallgovcon.com/tag/government-employees/)
- [SDVOSBs](https://smallgovcon.com/tag/sdvosbs/)
- [best value](https://smallgovcon.com/tag/best-value/)
- [price premium](https://smallgovcon.com/tag/price-premium/)
- [Washington Business Journal](https://smallgovcon.com/tag/washington-business-journal/)
- [FedScoop](https://smallgovcon.com/tag/fedscoop/)
- [E-Verify](https://smallgovcon.com/tag/e-verify/)
- [non-disclosure agreements](https://smallgovcon.com/tag/non-disclosure-agreements/)
- [Procurement Integrity Act](https://smallgovcon.com/tag/procurement-integrity-act/)
- [Bloomberg](https://smallgovcon.com/tag/bloomberg/)
- [bundling](https://smallgovcon.com/tag/bundling/)
- [contract bundling](https://smallgovcon.com/tag/contract-bundling/)
- [Department of Energy](https://smallgovcon.com/tag/department-of-energy/)
- [DOE mentor-protege program](https://smallgovcon.com/tag/doe-mentor-protege-program/)
- [DOE OIG](https://smallgovcon.com/tag/doe-oig/)
- [independent government estimate](https://smallgovcon.com/tag/independent-government-estimate/)
- [Government Executive](https://smallgovcon.com/tag/government-executive/)
- [reserve auctions](https://smallgovcon.com/tag/reserve-auctions/)
- [service-disabled veterans](https://smallgovcon.com/tag/service-disabled-veterans/)
- [megawatt hours](https://smallgovcon.com/tag/megawatt-hours/)
- [GAO Bid Protest Annual Report](https://smallgovcon.com/tag/gao-bid-protest-annual-report/)
- [sustain rate](https://smallgovcon.com/tag/sustain-rate/)
- [effectiveness rate](https://smallgovcon.com/tag/effectiveness-rate/)
- [common investments affiliation rule](https://smallgovcon.com/tag/common-investments-affiliation-rule/)
- [WOSB Program](https://smallgovcon.com/tag/wosb-program/)
- [SDVOSB mentor-protege](https://smallgovcon.com/tag/sdvosb-mentor-protege/)
- [HUBZone mentor-protege](https://smallgovcon.com/tag/hubzone-mentor-protege/)
- [WOSB mentor-protege](https://smallgovcon.com/tag/wosb-mentor-protege/)
- [similarly situated](https://smallgovcon.com/tag/similarly-situated/)
- [SBA Office of Inspector General](https://smallgovcon.com/tag/sba-office-of-inspector-general/)
- [Alliance Northwest Conference](https://smallgovcon.com/tag/alliance-northwest-conference/)
- [past performance questionnaires](https://smallgovcon.com/tag/past-performance-questionnaires/)
- [PPQs](https://smallgovcon.com/tag/ppqs/)
- [PPIRS](https://smallgovcon.com/tag/ppirs/)
- [misleading discussions](https://smallgovcon.com/tag/misleading-discussions/)
- [meaningful discussions](https://smallgovcon.com/tag/meaningful-discussions/)
- [proposed debarment](https://smallgovcon.com/tag/proposed-debarment/)
- [quasi-governmental entity](https://smallgovcon.com/tag/quasi-governmental-entity/)
- [8(a) STARS II](https://smallgovcon.com/tag/8a-stars-ii/)
- [communications](https://smallgovcon.com/tag/communications/)
- [FAR Part 15](https://smallgovcon.com/tag/far-part-15/)
- [illegal gratuities](https://smallgovcon.com/tag/illegal-gratuities/)
- [Veterans First](https://smallgovcon.com/tag/veterans-first/)
- [prosthetics](https://smallgovcon.com/tag/prosthetics/)
- [Wall Street Journal](https://smallgovcon.com/tag/wall-street-journal/)
- [Brian Castro](https://smallgovcon.com/tag/brian-castro/)
- [Melinda Emerson](https://smallgovcon.com/tag/melinda-emerson/)
- [VA OIG](https://smallgovcon.com/tag/va-oig/)
- [VOSBs](https://smallgovcon.com/tag/vosbs/)
- [sole source awards](https://smallgovcon.com/tag/sole-source-awards/)
- [Competition in Contracting Act](https://smallgovcon.com/tag/competition-in-contracting-act/)
- [automatic stay](https://smallgovcon.com/tag/automatic-stay/)
- [parent companies](https://smallgovcon.com/tag/parent-companies/)
- [DBE fraud](https://smallgovcon.com/tag/dbe-fraud/)
- [Kansas PTAC](https://smallgovcon.com/tag/kansas-ptac/)
- [subcontractors](https://smallgovcon.com/tag/subcontractors/)
- [SDB](https://smallgovcon.com/tag/sdb/)
- [SDB fraud](https://smallgovcon.com/tag/sdb-fraud/)
- [SBA jurisdiction](https://smallgovcon.com/tag/sba-jurisdiction/)
- [Court of Appeals for the Federal Circuit](https://smallgovcon.com/tag/court-of-appeals-for-the-federal-circuit/)
- [Seaport-e](https://smallgovcon.com/tag/seaport-e/)
- [Midwest Small Business Government Contracting Symposium](https://smallgovcon.com/tag/midwest-small-business-government-contracting-symposium/)
- [NDIA](https://smallgovcon.com/tag/ndia/)
- [independent contractors](https://smallgovcon.com/tag/independent-contractors/)
- [Mid-America Government Industry Coalition](https://smallgovcon.com/tag/mid-america-government-industry-coalition/)
- [Indian Country Business Summit](https://smallgovcon.com/tag/indian-country-business-summit/)
- [2015 NDAA](https://smallgovcon.com/tag/2015-ndaa/)
- [SBA Form 355](https://smallgovcon.com/tag/sba-form-355/)
- [MOBIS](https://smallgovcon.com/tag/mobis/)
- [Equal Access to Justice Act](https://smallgovcon.com/tag/equal-access-to-justice-act/)
- [attorneys' fees](https://smallgovcon.com/tag/attorneys-fees/)
- [RFIs](https://smallgovcon.com/tag/rfis/)
- [adjectival scores](https://smallgovcon.com/tag/adjectival-scores/)
- [proposed regulations](https://smallgovcon.com/tag/proposed-regulations/)
- [advisory opinions](https://smallgovcon.com/tag/advisory-opinions/)
- [EAGLE II](https://smallgovcon.com/tag/eagle-ii/)
- [RFQs](https://smallgovcon.com/tag/rfqs/)
- [FedBid](https://smallgovcon.com/tag/fedbid/)
- [Bid Vaidation](https://smallgovcon.com/tag/bid-vaidation/)
- [OMB](https://smallgovcon.com/tag/omb/)
- [accelerated payment](https://smallgovcon.com/tag/accelerated-payment/)
- [FAR Council](https://smallgovcon.com/tag/far-council/)
- [FAR 52.219-4](https://smallgovcon.com/tag/far-52-219-4/)
- [unrestricted procurements](https://smallgovcon.com/tag/unrestricted-procurements/)
- [lowest-price technically acceptable](https://smallgovcon.com/tag/lowest-price-technically-acceptable/)
- [contracting officer](https://smallgovcon.com/tag/contracting-officer/)
- [final decision](https://smallgovcon.com/tag/final-decision/)
- [eSRS](https://smallgovcon.com/tag/esrs/)
- [SBA Procurement Scorecard](https://smallgovcon.com/tag/sba-procurement-scorecard/)
- [reverse auctions](https://smallgovcon.com/tag/reverse-auctions/)
- [staffing estimates](https://smallgovcon.com/tag/staffing-estimates/)
- [Texas Government Procurement Conference](https://smallgovcon.com/tag/texas-government-procurement-conference/)
- [Davis-Bacon Act](https://smallgovcon.com/tag/davis-bacon-act/)
- [Davis-Bacon Act fraud](https://smallgovcon.com/tag/davis-bacon-act-fraud/)
- [prevailing wages](https://smallgovcon.com/tag/prevailing-wages/)
- [fringe benefits](https://smallgovcon.com/tag/fringe-benefits/)
- [Trade Agreements Act](https://smallgovcon.com/tag/trade-agreements-act/)
- [China](https://smallgovcon.com/tag/china/)
- [designated countries](https://smallgovcon.com/tag/designated-countries/)
- [IFBs](https://smallgovcon.com/tag/ifbs/)
- [bid guarantees](https://smallgovcon.com/tag/bid-guarantees/)
- [minor informalities](https://smallgovcon.com/tag/minor-informalities/)
- [nonresponsiveness](https://smallgovcon.com/tag/nonresponsiveness/)
- [suspension](https://smallgovcon.com/tag/suspension/)
- [rent-a-vet](https://smallgovcon.com/tag/rent-a-vet/)
- [premature protests](https://smallgovcon.com/tag/premature-protests/)
- [close at hand](https://smallgovcon.com/tag/close-at-hand/)
- [Special Item Numbers](https://smallgovcon.com/tag/special-item-numbers/)
- [GSA Contractor Team Arrangement](https://smallgovcon.com/tag/gsa-contractor-team-arrangement/)
- [SDVOSB set-aside](https://smallgovcon.com/tag/sdvosb-set-aside/)
- [SAM](https://smallgovcon.com/tag/sam/)
- [System for Award Management](https://smallgovcon.com/tag/system-for-award-management/)
- [Immediate Owner](https://smallgovcon.com/tag/immediate-owner/)
- [Highest Level Owner](https://smallgovcon.com/tag/highest-level-owner/)
- [SAM Registration](https://smallgovcon.com/tag/sam-registration/)
- [FAR 4.18](https://smallgovcon.com/tag/far-4-18/)
- [HUBZone National Conference](https://smallgovcon.com/tag/hubzone-national-conference/)
- [HUBZone Council](https://smallgovcon.com/tag/hubzone-council/)
- [FAR](https://smallgovcon.com/tag/far/)
- [deficiencies](https://smallgovcon.com/tag/deficiencies/)
- [$10 million task order threshold](https://smallgovcon.com/tag/10-million-task-order-threshold/)
- [critical influence](https://smallgovcon.com/tag/critical-influence/)
- [SDVOSB goals](https://smallgovcon.com/tag/sdvosb-goals/)
- [GovConChat](https://smallgovcon.com/tag/govconchat/)
- [social disadvantage narrative](https://smallgovcon.com/tag/social-disadvantage-narrative/)
- [Gold Coast conference](https://smallgovcon.com/tag/gold-coast-conference/)
- [CPARS](https://smallgovcon.com/tag/cpars/)
- [WOSB certifiers](https://smallgovcon.com/tag/wosb-certifiers/)
- [WOSB certifications](https://smallgovcon.com/tag/wosb-certifications/)
- [FAR 52.212-1(f)(4)](https://smallgovcon.com/tag/far-52-212-1f4/)
- [New Mexico PTAP](https://smallgovcon.com/tag/new-mexico-ptap/)
- [New Mexico SBDC](https://smallgovcon.com/tag/new-mexico-sbdc/)
- [kickbacks](https://smallgovcon.com/tag/kickbacks/)
- [Anti-Kickback Act](https://smallgovcon.com/tag/anti-kickback-act/)
- [FAR 52.203-7](https://smallgovcon.com/tag/far-52-203-7/)
- [Small Business Jobs Act of 2010](https://smallgovcon.com/tag/small-business-jobs-act-of-2010/)
- [Delex Systems](https://smallgovcon.com/tag/delex-systems/)
- [Edmond Scientific Company](https://smallgovcon.com/tag/edmond-scientific-company/)
- [late is late](https://smallgovcon.com/tag/late-is-late/)
- [Washington PTAC](https://smallgovcon.com/tag/washington-ptac/)
- [WOSB set-asides](https://smallgovcon.com/tag/wosb-set-asides/)
- [WOSB document repository](https://smallgovcon.com/tag/wosb-document-repository/)
- [WOSB sole source](https://smallgovcon.com/tag/wosb-sole-source/)
- [qui tam](https://smallgovcon.com/tag/qui-tam/)
- [National Veterans Small Business Engagement](https://smallgovcon.com/tag/national-veterans-small-business-engagement/)
- [sdv](https://smallgovcon.com/tag/sdv/)
- [operating agreements](https://smallgovcon.com/tag/operating-agreements/)
- [ESOPs](https://smallgovcon.com/tag/esops/)
- [FedBizOpps searches](https://smallgovcon.com/tag/fedbizopps-searches/)
- [sba proposed rules](https://smallgovcon.com/tag/sba-proposed-rules/)
- [adverse impact](https://smallgovcon.com/tag/adverse-impact/)
- [adverse impact analysis](https://smallgovcon.com/tag/adverse-impact-analysis/)
- [Iowa PTAP](https://smallgovcon.com/tag/iowa-ptap/)
- [labor categories](https://smallgovcon.com/tag/labor-categories/)
- [13 C.F.R. 121.404](https://smallgovcon.com/tag/13-c-f-r-121-404/)
- [mechanical application](https://smallgovcon.com/tag/mechanical-application/)
- [Alliance Northwest Procurement Conference](https://smallgovcon.com/tag/alliance-northwest-procurement-conference/)
- [Iowa PTAC](https://smallgovcon.com/tag/iowa-ptac/)
- [large primes](https://smallgovcon.com/tag/large-primes/)
- [universal mentor-protege](https://smallgovcon.com/tag/universal-mentor-protege/)
- [HUBZone joint ventures](https://smallgovcon.com/tag/hubzone-joint-ventures/)
- [SBA Form 912](https://smallgovcon.com/tag/sba-form-912/)
- [GAO protest comments](https://smallgovcon.com/tag/gao-protest-comments/)
- [GAO protest filings](https://smallgovcon.com/tag/gao-protest-filings/)
- [protests@gao.gov](https://smallgovcon.com/tag/protestsgao-gov/)
- [GAO Bid Protest Regulations](https://smallgovcon.com/tag/gao-bid-protest-regulations/)
- [mentor-protege agreements](https://smallgovcon.com/tag/mentor-protege-agreements/)
- [unusual reliance](https://smallgovcon.com/tag/unusual-reliance/)
- [end items](https://smallgovcon.com/tag/end-items/)
- [timeli](https://smallgovcon.com/tag/timeli/)
- [emailed proposals](https://smallgovcon.com/tag/emailed-proposals/)
- [manufacturing](https://smallgovcon.com/tag/manufacturing/)
- [Koprince Law LLC](https://smallgovcon.com/tag/koprince-law-llc/)
- [SmallGovCon News](https://smallgovcon.com/tag/smallgovcon-news/)
- [solicitation deadlines](https://smallgovcon.com/tag/solicitation-deadlines/)
- [commercial items](https://smallgovcon.com/tag/commercial-items/)
- [In Depth With Francis Rose](https://smallgovcon.com/tag/in-depth-with-francis-rose/)
- [8(a) offering letters](https://smallgovcon.com/tag/8a-offering-letters/)
- [8(a) set-asides](https://smallgovcon.com/tag/8a-set-asides/)
- [inter-affiliate transactions](https://smallgovcon.com/tag/inter-affiliate-transactions/)
- [subcontracts](https://smallgovcon.com/tag/subcontracts/)
- [WOSB third-party certification](https://smallgovcon.com/tag/wosb-third-party-certification/)
- [women-owned](https://smallgovcon.com/tag/women-owned/)
- [2016 NDAA](https://smallgovcon.com/tag/2016-ndaa/)
- [House of Representatives](https://smallgovcon.com/tag/house-of-representatives/)
- [simplified acquisition threshold](https://smallgovcon.com/tag/simplified-acquisition-threshold/)
- [SBA OHA filing](https://smallgovcon.com/tag/sba-oha-filing/)
- [SBA OHA timeliness](https://smallgovcon.com/tag/sba-oha-timeliness/)
- [WOSB](https://smallgovcon.com/tag/wosb/)
- [Air Force](https://smallgovcon.com/tag/air-force/)
- [Contracting Goal](https://smallgovcon.com/tag/contracting-goal/)
- [Veterans](https://smallgovcon.com/tag/veterans/)
- [Small business program](https://smallgovcon.com/tag/small-business-program/)
- [FAR 15.208](https://smallgovcon.com/tag/far-15-208/)
- [The Hill](https://smallgovcon.com/tag/the-hill/)
- [nonmanufacturer rule](https://smallgovcon.com/tag/nonmanufacturer-rule/)
- [Product Service Codes](https://smallgovcon.com/tag/product-service-codes/)
- [class waivers](https://smallgovcon.com/tag/class-waivers/)
- [unsolicited proposals](https://smallgovcon.com/tag/unsolicited-proposals/)
- [FAR 15.6](https://smallgovcon.com/tag/far-15-6/)
- [deadlines](https://smallgovcon.com/tag/deadlines/)
- [GovConChannel](https://smallgovcon.com/tag/govconchannel/)
- [SBA size](https://smallgovcon.com/tag/sba-size/)
- [Business Insider](https://smallgovcon.com/tag/business-insider/)
- [The Business Journals](https://smallgovcon.com/tag/the-business-journals/)
- [usaspending.gov](https://smallgovcon.com/tag/usaspending-gov/)
- [VA CVE](https://smallgovcon.com/tag/va-cve/)
- [best value tradeoffs](https://smallgovcon.com/tag/best-value-tradeoffs/)
- [most probable cost](https://smallgovcon.com/tag/most-probable-cost/)
- [WOSB goals](https://smallgovcon.com/tag/wosb-goals/)
- [HUBZone goals](https://smallgovcon.com/tag/hubzone-goals/)
- [SDB goals](https://smallgovcon.com/tag/sdb-goals/)
- [Supreme Court](https://smallgovcon.com/tag/supreme-court/)
- [ASBCA](https://smallgovcon.com/tag/asbca/)
- [Armed Services Board of Contract Appeals](https://smallgovcon.com/tag/armed-services-board-of-contract-appeals/)
- [ASBCA Rules](https://smallgovcon.com/tag/asbca-rules/)
- [Federal Supply Schedule](https://smallgovcon.com/tag/federal-supply-schedule/)
- [Buy Indian Act](https://smallgovcon.com/tag/buy-indian-act/)
- [contract changes](https://smallgovcon.com/tag/contract-changes/)
- [Contracting Officers](https://smallgovcon.com/tag/contracting-officers/)
- [implied authority](https://smallgovcon.com/tag/implied-authority/)
- [actual authority](https://smallgovcon.com/tag/actual-authority/)
- [OASIS](https://smallgovcon.com/tag/oasis/)
- [neutral past performance](https://smallgovcon.com/tag/neutral-past-performance/)
- [FAR 15.305](https://smallgovcon.com/tag/far-15-305/)
- [relevant past performance](https://smallgovcon.com/tag/relevant-past-performance/)
- [Claire McCaskill](https://smallgovcon.com/tag/claire-mccaskill/)
- [Service Contract Act](https://smallgovcon.com/tag/service-contract-act/)
- [bid protests](https://smallgovcon.com/tag/bid-protests/)
- [pass-through](https://smallgovcon.com/tag/pass-through/)
- [reopen discussions](https://smallgovcon.com/tag/reopen-discussions/)
- [weakness](https://smallgovcon.com/tag/weakness/)
- [deficiency](https://smallgovcon.com/tag/deficiency/)
- [significant weakness](https://smallgovcon.com/tag/significant-weakness/)
- [solicitations](https://smallgovcon.com/tag/solicitations/)
- [restrictive](https://smallgovcon.com/tag/restrictive/)
- [procurement](https://smallgovcon.com/tag/procurement/)
- [OPM hack](https://smallgovcon.com/tag/opm-hack/)
- [executive order](https://smallgovcon.com/tag/executive-order/)
- [Federal](https://smallgovcon.com/tag/federal/)
- [pre-award notice](https://smallgovcon.com/tag/pre-award-notice/)
- [Army Single Face to Industry](https://smallgovcon.com/tag/army-single-face-to-industry/)
- [constructive notice](https://smallgovcon.com/tag/constructive-notice/)
- [noncompetitive contracts](https://smallgovcon.com/tag/noncompetitive-contracts/)
- [HUBZone Program](https://smallgovcon.com/tag/hubzone-program/)
- [PTAC Spotlight](https://smallgovcon.com/tag/ptac-spotlight/)
- [GAO bid protest process](https://smallgovcon.com/tag/gao-bid-protest-process/)
- [request for equitable adjustment](https://smallgovcon.com/tag/request-for-equitable-adjustment/)
- [REA](https://smallgovcon.com/tag/rea/)
- [CBCA jurisdiction](https://smallgovcon.com/tag/cbca-jurisdiction/)
- [HUBZone](https://smallgovcon.com/tag/hubzone/)
- [category management](https://smallgovcon.com/tag/category-management/)
- [Department of Veteran Affairs](https://smallgovcon.com/tag/department-of-veteran-affairs/)
- [blacklist](https://smallgovcon.com/tag/blacklist/)
- [Lockheed Martin](https://smallgovcon.com/tag/lockheed-martin/)
- [Koprince Law amicus brief](https://smallgovcon.com/tag/koprince-law-amicus-brief/)
- [proposal evaluation](https://smallgovcon.com/tag/proposal-evaluation/)
- [Source Selection Authority](https://smallgovcon.com/tag/source-selection-authority/)
- [Source Selection Decision Document](https://smallgovcon.com/tag/source-selection-decision-document/)
- [start-up](https://smallgovcon.com/tag/start-up/)
- [Computer Sciences Corp](https://smallgovcon.com/tag/computer-sciences-corp/)
- [size protest timeliness](https://smallgovcon.com/tag/size-protest-timeliness/)
- [sealed bids](https://smallgovcon.com/tag/sealed-bids/)
- [FAR 33.1](https://smallgovcon.com/tag/far-33-1/)
- [capability](https://smallgovcon.com/tag/capability/)
- [sick leave](https://smallgovcon.com/tag/sick-leave/)
- [minimum wage](https://smallgovcon.com/tag/minimum-wage/)
- [FAR 17.207](https://smallgovcon.com/tag/far-17-207/)
- [zero-cost bid](https://smallgovcon.com/tag/zero-cost-bid/)
- [consideration](https://smallgovcon.com/tag/consideration/)
- [kits](https://smallgovcon.com/tag/kits/)
- [kit assembler](https://smallgovcon.com/tag/kit-assembler/)
- [SBA Area Office](https://smallgovcon.com/tag/sba-area-office/)
- [staffing plan](https://smallgovcon.com/tag/staffing-plan/)
- [retention](https://smallgovcon.com/tag/retention/)
- [bridge contracts](https://smallgovcon.com/tag/bridge-contracts/)
- [OFPP](https://smallgovcon.com/tag/ofpp/)
- [procurement delays](https://smallgovcon.com/tag/procurement-delays/)
- [Boeing](https://smallgovcon.com/tag/boeing/)
- [False Claims](https://smallgovcon.com/tag/false-claims/)
- [recertification](https://smallgovcon.com/tag/recertification/)
- [GSA Alliant](https://smallgovcon.com/tag/gsa-alliant/)
- [Utah PTAC](https://smallgovcon.com/tag/utah-ptac/)
- [order](https://smallgovcon.com/tag/order/)
- [open market](https://smallgovcon.com/tag/open-market/)
- [default](https://smallgovcon.com/tag/default/)
- [termination for default](https://smallgovcon.com/tag/termination-for-default/)
- [show cause notice](https://smallgovcon.com/tag/show-cause-notice/)
- [no-cost cancellation](https://smallgovcon.com/tag/no-cost-cancellation/)
- [Business News Daily](https://smallgovcon.com/tag/business-news-daily/)
- [GOVOLOGY](https://smallgovcon.com/tag/govology/)
- [Carroll Bernard](https://smallgovcon.com/tag/carroll-bernard/)
- [SBA OIG](https://smallgovcon.com/tag/sba-oig/)
- [manufacturing NAICS codes](https://smallgovcon.com/tag/manufacturing-naics-codes/)
- [wholesale trade NAICS codes](https://smallgovcon.com/tag/wholesale-trade-naics-codes/)
- [retail NAICS codes](https://smallgovcon.com/tag/retail-naics-codes/)
- [Koprince Law YouTube Channel](https://smallgovcon.com/tag/koprince-law-youtube-channel/)
- [WOSB self-certification](https://smallgovcon.com/tag/wosb-self-certification/)
- [DoD mentor-protege program](https://smallgovcon.com/tag/dod-mentor-protege-program/)
- [SBA 8(a) mentor-protege program](https://smallgovcon.com/tag/sba-8a-mentor-protege-program/)
- [proprietary information](https://smallgovcon.com/tag/proprietary-information/)
- [competitively useful](https://smallgovcon.com/tag/competitively-useful/)
- [Kingdomware oral argument](https://smallgovcon.com/tag/kingdomware-oral-argument/)
- [8(a) joint venture](https://smallgovcon.com/tag/8a-joint-venture/)
- [sba regulations](https://smallgovcon.com/tag/sba-regulations/)
- [SDVOSB ownership](https://smallgovcon.com/tag/sdvosb-ownership/)
- [SDVOSB Contract](https://smallgovcon.com/tag/sdvosb-contract/)
- [VA SDVOSB Regulations](https://smallgovcon.com/tag/va-sdvosb-regulations/)
- [NVSBE Learning Sessions](https://smallgovcon.com/tag/nvsbe-learning-sessions/)
- [SDVO](https://smallgovcon.com/tag/sdvo/)
- [Invitation for Bids](https://smallgovcon.com/tag/invitation-for-bids/)
- [NVSBE](https://smallgovcon.com/tag/nvsbe/)
- [GAO](https://smallgovcon.com/tag/gao/)
- [Project Manager](https://smallgovcon.com/tag/project-manager/)
- [Statement of Work](https://smallgovcon.com/tag/statement-of-work/)
- [contract appeals](https://smallgovcon.com/tag/contract-appeals/)
- [contracting officer's final decision](https://smallgovcon.com/tag/contracting-officers-final-decision/)
- [FAR 52.209-11](https://smallgovcon.com/tag/far-52-209-11/)
- [unpaid taxes](https://smallgovcon.com/tag/unpaid-taxes/)
- [Federal felony convictions](https://smallgovcon.com/tag/federal-felony-convictions/)
- [Public Spend Forum](https://smallgovcon.com/tag/public-spend-forum/)
- [affirmative action plans](https://smallgovcon.com/tag/affirmative-action-plans/)
- [minority owners](https://smallgovcon.com/tag/minority-owners/)
- [passive investors](https://smallgovcon.com/tag/passive-investors/)
- [affiliation presumptions](https://smallgovcon.com/tag/affiliation-presumptions/)
- [Buy American Act](https://smallgovcon.com/tag/buy-american-act/)
- [subcontractor's past performance](https://smallgovcon.com/tag/subcontractors-past-performance/)
- [CPAR](https://smallgovcon.com/tag/cpar/)
- [Contract Performance Assessment Report](https://smallgovcon.com/tag/contract-performance-assessment-report/)
- [overseas contracts](https://smallgovcon.com/tag/overseas-contracts/)
- [VAAR 852.219-10](https://smallgovcon.com/tag/vaar-852-219-10/)
- [general construction](https://smallgovcon.com/tag/general-construction/)
- [DUNS](https://smallgovcon.com/tag/duns/)
- [common investments](https://smallgovcon.com/tag/common-investments/)
- [Department of Defense](https://smallgovcon.com/tag/department-of-defense/)
- [political contributions](https://smallgovcon.com/tag/political-contributions/)
- [Bureau of Indian Affairs](https://smallgovcon.com/tag/bureau-of-indian-affairs/)
- [Indian Economic Enterprises](https://smallgovcon.com/tag/indian-economic-enterprises/)
- [background checks](https://smallgovcon.com/tag/background-checks/)
- [FAR 52.219-8](https://smallgovcon.com/tag/far-52-219-8/)
- [proposed rule](https://smallgovcon.com/tag/proposed-rule/)
- [federal contractor](https://smallgovcon.com/tag/federal-contractor/)
- [salary](https://smallgovcon.com/tag/salary/)
- [EEOC](https://smallgovcon.com/tag/eeoc/)
- [EEO-1](https://smallgovcon.com/tag/eeo-1/)
- [FAR 52.217-8](https://smallgovcon.com/tag/far-52-217-8/)
- [Option to Extend Services clause](https://smallgovcon.com/tag/option-to-extend-services-clause/)
- [sum certain](https://smallgovcon.com/tag/sum-certain/)
- [claim](https://smallgovcon.com/tag/claim/)
- [Postal Service Board of Contract Appeals](https://smallgovcon.com/tag/postal-service-board-of-contract-appeals/)
- [PSBCA jurisdiction](https://smallgovcon.com/tag/psbca-jurisdiction/)
- [performance of work](https://smallgovcon.com/tag/performance-of-work/)
- [FAR 52.236-1](https://smallgovcon.com/tag/far-52-236-1/)
- [VAAR 852.236-72](https://smallgovcon.com/tag/vaar-852-236-72/)
- [omitted FAR clauses](https://smallgovcon.com/tag/omitted-far-clauses/)
- [minority ownership presumption](https://smallgovcon.com/tag/minority-ownership-presumption/)
- [whistleblowers](https://smallgovcon.com/tag/whistleblowers/)
- [Schedule 70](https://smallgovcon.com/tag/schedule-70/)
- [mandatory sick leave](https://smallgovcon.com/tag/mandatory-sick-leave/)
- [FAR 33.207](https://smallgovcon.com/tag/far-33-207/)
- [Vindai Corporation](https://smallgovcon.com/tag/vindai-corporation/)
- [theft](https://smallgovcon.com/tag/theft/)
- [republishing](https://smallgovcon.com/tag/republishing/)
- [management](https://smallgovcon.com/tag/management/)
- [four key factors](https://smallgovcon.com/tag/four-key-factors/)
- [pre-award debriefings](https://smallgovcon.com/tag/pre-award-debriefings/)
- [post-award debriefings](https://smallgovcon.com/tag/post-award-debriefings/)
- [untimely bid protests](https://smallgovcon.com/tag/untimely-bid-protests/)
- [govbizconnect](https://smallgovcon.com/tag/govbizconnect/)
- [Idaho Small Business Symposium](https://smallgovcon.com/tag/idaho-small-business-symposium/)
- [Idaho PTAC](https://smallgovcon.com/tag/idaho-ptac/)
- [discrimination](https://smallgovcon.com/tag/discrimination/)
- [gender bias](https://smallgovcon.com/tag/gender-bias/)
- [FAR 36.6](https://smallgovcon.com/tag/far-36-6/)
- [Bruce Springsteen](https://smallgovcon.com/tag/bruce-springsteen/)
- [8(a) participation](https://smallgovcon.com/tag/8a-participation/)
- [HUBZone protests](https://smallgovcon.com/tag/hubzone-protests/)
- [Federal Register](https://smallgovcon.com/tag/federal-register/)
- [service contracts](https://smallgovcon.com/tag/service-contracts/)
- [ownership or possession](https://smallgovcon.com/tag/ownership-or-possession/)
- [13 C.F.R. 121.406](https://smallgovcon.com/tag/13-c-f-r-121-406/)
- [LPTA](https://smallgovcon.com/tag/lpta/)
- [FAR 15.306](https://smallgovcon.com/tag/far-15-306/)
- [paid sick leave](https://smallgovcon.com/tag/paid-sick-leave/)
- [Schedule 75](https://smallgovcon.com/tag/schedule-75/)
- [SBA Surety Bond Guarantee Program](https://smallgovcon.com/tag/sba-surety-bond-guarantee-program/)
- [Federal Scorecard](https://smallgovcon.com/tag/federal-scorecard/)
- [SBA Utah District Office](https://smallgovcon.com/tag/sba-utah-district-office/)
- [Alliance Texas](https://smallgovcon.com/tag/alliance-texas/)
- [ShoWorks](https://smallgovcon.com/tag/showorks/)
- [Alliance Baltimore](https://smallgovcon.com/tag/alliance-baltimore/)
- [ENCORE III](https://smallgovcon.com/tag/encore-iii/)
- [mentor](https://smallgovcon.com/tag/mentor/)
- [Alaska Native Corporations](https://smallgovcon.com/tag/alaska-native-corporations/)
- [goaling lawsuit](https://smallgovcon.com/tag/goaling-lawsuit/)
- [Mark Amtower](https://smallgovcon.com/tag/mark-amtower/)
- [Amtower Off-Center](https://smallgovcon.com/tag/amtower-off-center/)
- [posters](https://smallgovcon.com/tag/posters/)
- [hotline posters](https://smallgovcon.com/tag/hotline-posters/)
- [inspirational cat posters](https://smallgovcon.com/tag/inspirational-cat-posters/)
- [FAR 52.219-14](https://smallgovcon.com/tag/far-52-219-14/)
- [DoD](https://smallgovcon.com/tag/dod/)
- [SBA Size Policy Statement](https://smallgovcon.com/tag/sba-size-policy-statement/)
- [1099](https://smallgovcon.com/tag/1099/)
- [70% rule](https://smallgovcon.com/tag/70-rule/)
- [SBA size protest regulations](https://smallgovcon.com/tag/sba-size-protest-regulations/)
- [US Womens Chamber of Commerce](https://smallgovcon.com/tag/us-womens-chamber-of-commerce/)
- [NWBOC](https://smallgovcon.com/tag/nwboc/)
- [WBENC](https://smallgovcon.com/tag/wbenc/)
- [page limits](https://smallgovcon.com/tag/page-limits/)
- [Section 811](https://smallgovcon.com/tag/section-811/)
- [2010 NDAA](https://smallgovcon.com/tag/2010-ndaa/)
- [2017 NDAA](https://smallgovcon.com/tag/2017-ndaa/)
- [GSA Schedule 75](https://smallgovcon.com/tag/gsa-schedule-75/)
- [WIFCON.com](https://smallgovcon.com/tag/wifcon-com/)
- [Kingdomware Victory](https://smallgovcon.com/tag/kingdomware-victory/)
- [bait and switch](https://smallgovcon.com/tag/bait-and-switch/)
- [Thomas Leney](https://smallgovcon.com/tag/thomas-leney/)
- [micropurchases](https://smallgovcon.com/tag/micropurchases/)
- [pre-award bid protests](https://smallgovcon.com/tag/pre-award-bid-protests/)
- [small business fraud](https://smallgovcon.com/tag/small-business-fraud/)
- [Alliant 2](https://smallgovcon.com/tag/alliant-2/)
- [FAR 15.206(e)](https://smallgovcon.com/tag/far-15-206e/)
- [Industrial Funding Fee](https://smallgovcon.com/tag/industrial-funding-fee/)
- [delivery orders](https://smallgovcon.com/tag/delivery-orders/)
- [out-of-scope](https://smallgovcon.com/tag/out-of-scope/)
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- [SBA small business mentor-protege program](https://smallgovcon.com/tag/sba-small-business-mentor-protege-program/)
- [mentor-protege joint ventures](https://smallgovcon.com/tag/mentor-protege-joint-ventures/)
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- [government control exception](https://smallgovcon.com/tag/government-control-exception/)
- [8(a) annual review](https://smallgovcon.com/tag/8a-annual-review/)
- [Native Hawaiian Organizations](https://smallgovcon.com/tag/native-hawaiian-organizations/)
- [primary NAICS code](https://smallgovcon.com/tag/primary-naics-code/)
- [Koprince Law LLC webinars](https://smallgovcon.com/tag/koprince-law-llc-webinars/)
- [small business mentor-protege program](https://smallgovcon.com/tag/small-business-mentor-protege-program/)
- [key personnel](https://smallgovcon.com/tag/key-personnel/)
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- [Iowa Vendor Conference](https://smallgovcon.com/tag/iowa-vendor-conference/)
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- [unequal discussions](https://smallgovcon.com/tag/unequal-discussions/)
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- [joint venture addendum](https://smallgovcon.com/tag/joint-venture-addendum/)
- [Fair Play and Safe Workplaces](https://smallgovcon.com/tag/fair-play-and-safe-workplaces/)
- [fiscal year end](https://smallgovcon.com/tag/fiscal-year-end/)
- [CIRAS](https://smallgovcon.com/tag/ciras/)
- [Redstone Edge Conference](https://smallgovcon.com/tag/redstone-edge-conference/)
- [void ab initio](https://smallgovcon.com/tag/void-ab-initio/)
- [NAICS Manual](https://smallgovcon.com/tag/naics-manual/)
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- [Starbucks](https://smallgovcon.com/tag/starbucks/)
- [D.C. Circuit](https://smallgovcon.com/tag/d-c-circuit/)
- [unequal access to information](https://smallgovcon.com/tag/unequal-access-to-information/)
- [Fair Pay and Safe Workplaces](https://smallgovcon.com/tag/fair-pay-and-safe-workplaces/)
- [Fair Pay and Safe Workplaces preassessment](https://smallgovcon.com/tag/fair-pay-and-safe-workplaces-preassessment/)
- [4 CFR 21.11](https://smallgovcon.com/tag/4-cfr-21-11/)
- [Court of Federal Claims](https://smallgovcon.com/tag/court-of-federal-claims/)
- [sba all small mentor-protege program](https://smallgovcon.com/tag/sba-all-small-mentor-protege-program/)
- [SBA mentor-protege applications](https://smallgovcon.com/tag/sba-mentor-protege-applications/)
- [wage determination](https://smallgovcon.com/tag/wage-determination/)
- [Department of Labor](https://smallgovcon.com/tag/department-of-labor/)
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- [DCAA](https://smallgovcon.com/tag/dcaa/)
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- [emergency exception](https://smallgovcon.com/tag/emergency-exception/)
- [back taxes](https://smallgovcon.com/tag/back-taxes/)
- [HUBZone census tracts](https://smallgovcon.com/tag/hubzone-census-tracts/)
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- [ethics](https://smallgovcon.com/tag/ethics/)
- [SBA size standard appeals](https://smallgovcon.com/tag/sba-size-standard-appeals/)
- [FAR 16.505](https://smallgovcon.com/tag/far-16-505/)
- [FAR 15.3](https://smallgovcon.com/tag/far-15-3/)
- [FAR 9.601(1)](https://smallgovcon.com/tag/far-9-6011/)
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- [FAR 52.212-4](https://smallgovcon.com/tag/far-52-212-4/)
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- [SDVOSB control](https://smallgovcon.com/tag/sdvosb-control/)
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- [Linda McMahon](https://smallgovcon.com/tag/linda-mcmahon/)
- [revolving doors](https://smallgovcon.com/tag/revolving-doors/)
- [FAR 11.105](https://smallgovcon.com/tag/far-11-105/)
- [FAR 16.301-2](https://smallgovcon.com/tag/far-16-301-2/)
- [FAR 16.301-3](https://smallgovcon.com/tag/far-16-301-3/)
- [OSDBUs](https://smallgovcon.com/tag/osdbus/)
- [FAR Subpart 24.3](https://smallgovcon.com/tag/far-subpart-24-3/)
- [FAR 24.301](https://smallgovcon.com/tag/far-24-301/)
- [FAR 24.101](https://smallgovcon.com/tag/far-24-101/)
- [FAR 52.224-3](https://smallgovcon.com/tag/far-52-224-3/)
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- [WOSB joint ventures](https://smallgovcon.com/tag/wosb-joint-ventures/)
- [indefinite delivery contracts](https://smallgovcon.com/tag/indefinite-delivery-contracts/)
- [FAR 52.212-1](https://smallgovcon.com/tag/far-52-212-1/)
- [electronic submission of proposals](https://smallgovcon.com/tag/electronic-submission-of-proposals/)
- [myth-busting](https://smallgovcon.com/tag/myth-busting/)
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- [cybersecurity](https://smallgovcon.com/tag/cybersecurity/)
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- [FAR 4.19](https://smallgovcon.com/tag/far-4-19/)
- [FAR 52.204-21](https://smallgovcon.com/tag/far-52-204-21/)
- [DFARS 252.204-7012](https://smallgovcon.com/tag/dfars-252-204-7012/)
- [confidentiality agreements](https://smallgovcon.com/tag/confidentiality-agreements/)
- [FAR 3.909](https://smallgovcon.com/tag/far-3-909/)
- [FAR 52.203-18](https://smallgovcon.com/tag/far-52-203-18/)
- [FAR 52.203-19](https://smallgovcon.com/tag/far-52-203-19/)
- [payment bonds](https://smallgovcon.com/tag/payment-bonds/)
- [performance bonds](https://smallgovcon.com/tag/performance-bonds/)
- [Miller Act](https://smallgovcon.com/tag/miller-act/)
- [FAR 52.228-15](https://smallgovcon.com/tag/far-52-228-15/)
- [Christian doctrine](https://smallgovcon.com/tag/christian-doctrine/)
- [FAR 28.102-1](https://smallgovcon.com/tag/far-28-102-1/)
- [SmallGovCon 1000th Post](https://smallgovcon.com/tag/smallgovcon-1000th-post/)
- [Executive Order 13672](https://smallgovcon.com/tag/executive-order-13672/)
- [FAR 52.222-26](https://smallgovcon.com/tag/far-52-222-26/)
- [Trump Administration](https://smallgovcon.com/tag/trump-administration/)
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- [significant contribution to U.S. economy](https://smallgovcon.com/tag/significant-contribution-to-u-s-economy/)
- [13 C.F.R. 121.105](https://smallgovcon.com/tag/13-c-f-r-121-105/)
- [Courtney Fairchild](https://smallgovcon.com/tag/courtney-fairchild/)
- [Women Impacting Public Policy](https://smallgovcon.com/tag/women-impacting-public-policy/)
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- [FAR 8.4](https://smallgovcon.com/tag/far-8-4/)
- [DOE M&O contracts](https://smallgovcon.com/tag/doe-mo-contracts/)
- [prejudice](https://smallgovcon.com/tag/prejudice/)
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- [FAR Part 8](https://smallgovcon.com/tag/far-part-8/)
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- [VAAR](https://smallgovcon.com/tag/vaar/)
- [FAR 15.304](https://smallgovcon.com/tag/far-15-304/)
- [FAR 19.502-2](https://smallgovcon.com/tag/far-19-502-2/)
- [overcharging](https://smallgovcon.com/tag/overcharging/)
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- [subcontract management](https://smallgovcon.com/tag/subcontract-management/)
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- [13 C.F.R. 125.18](https://smallgovcon.com/tag/13-c-f-r-125-18/)
- [small business joint ventures](https://smallgovcon.com/tag/small-business-joint-ventures/)
- [joint venture past performance](https://smallgovcon.com/tag/joint-venture-past-performance/)
- [SBA size standards table](https://smallgovcon.com/tag/sba-size-standards-table/)
- [13 C.F.R. 121.201](https://smallgovcon.com/tag/13-c-f-r-121-201/)
- [frivolous protests](https://smallgovcon.com/tag/frivolous-protests/)
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- [individual waivers](https://smallgovcon.com/tag/individual-waivers/)
- [38 USC 8127](https://smallgovcon.com/tag/38-usc-8127/)
- [material difference](https://smallgovcon.com/tag/material-difference/)
- [in-scope](https://smallgovcon.com/tag/in-scope/)
- [Procurement Fraud Prevention Act](https://smallgovcon.com/tag/procurement-fraud-prevention-act/)
- [CICA](https://smallgovcon.com/tag/cica/)
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- [common ownership](https://smallgovcon.com/tag/common-ownership/)
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- [Nondiscplacement of Qualified Workers](https://smallgovcon.com/tag/nondiscplacement-of-qualified-workers/)
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- [DOE Small Business Conference](https://smallgovcon.com/tag/doe-small-business-conference/)
- [predecessor contract](https://smallgovcon.com/tag/predecessor-contract/)
- [Service Contract Act vacation](https://smallgovcon.com/tag/service-contract-act-vacation/)
- [Service Contract Act fringe benefits](https://smallgovcon.com/tag/service-contract-act-fringe-benefits/)
- [time and materials](https://smallgovcon.com/tag/time-and-materials/)
- [President Trump](https://smallgovcon.com/tag/president-trump/)
- [13 CFR 125.18](https://smallgovcon.com/tag/13-cfr-125-18/)
- [negligent](https://smallgovcon.com/tag/negligent/)
- [estimate](https://smallgovcon.com/tag/estimate/)
- [constructive change](https://smallgovcon.com/tag/constructive-change/)
- [requirements contract](https://smallgovcon.com/tag/requirements-contract/)
- [workload](https://smallgovcon.com/tag/workload/)
- [Verification Assistance Briefs](https://smallgovcon.com/tag/verification-assistance-briefs/)
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- [fake evaluation documents](https://smallgovcon.com/tag/fake-evaluation-documents/)
- [similarly situated entities](https://smallgovcon.com/tag/similarly-situated-entities/)
- [13 C.F.R. 125.6](https://smallgovcon.com/tag/13-c-f-r-125-6/)
- [FAR 1.2](https://smallgovcon.com/tag/far-1-2/)
- [tax returns](https://smallgovcon.com/tag/tax-returns/)
- [completed fiscal year](https://smallgovcon.com/tag/completed-fiscal-year/)
- [13 C.F.R. 121.104](https://smallgovcon.com/tag/13-c-f-r-121-104/)
- [unconscionable](https://smallgovcon.com/tag/unconscionable/)
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- [GAO timeliness rules](https://smallgovcon.com/tag/gao-timeliness-rules/)
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- [TargetGov](https://smallgovcon.com/tag/targetgov/)
- [4 C.F.R. 21.2](https://smallgovcon.com/tag/4-c-f-r-21-2/)
- [CLINs](https://smallgovcon.com/tag/clins/)
- [13 C.F.R. 121.402](https://smallgovcon.com/tag/13-c-f-r-121-402/)
- [size appeal timeliness](https://smallgovcon.com/tag/size-appeal-timeliness/)
- [email](https://smallgovcon.com/tag/email/)
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- [GAO bid protest attorneys' fees](https://smallgovcon.com/tag/gao-bid-protest-attorneys-fees/)
- [Contracting Officer's Representatives](https://smallgovcon.com/tag/contracting-officers-representatives/)
- [15 U.S.C. 638](https://smallgovcon.com/tag/15-u-s-c-638/)
- [8(a) Program applications](https://smallgovcon.com/tag/8a-program-applications/)
- [government leases](https://smallgovcon.com/tag/government-leases/)
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- [implied provisions](https://smallgovcon.com/tag/implied-provisions/)
- [CBCA decisions](https://smallgovcon.com/tag/cbca-decisions/)
- [micro-purchases](https://smallgovcon.com/tag/micro-purchases/)
- [micro-purchase threshold](https://smallgovcon.com/tag/micro-purchase-threshold/)
- [FAR 2.101](https://smallgovcon.com/tag/far-2-101/)
- [2018 NDAA](https://smallgovcon.com/tag/2018-ndaa/)
- [accelerated performance](https://smallgovcon.com/tag/accelerated-performance/)
- [GOVOLOGY podcasts](https://smallgovcon.com/tag/govology-podcasts/)
- [excusable delay](https://smallgovcon.com/tag/excusable-delay/)
- [8(a) net worth](https://smallgovcon.com/tag/8a-net-worth/)
- [8(a) economic disadvantage](https://smallgovcon.com/tag/8a-economic-disadvantage/)
- [bona fide loans](https://smallgovcon.com/tag/bona-fide-loans/)
- [incumbent contractors](https://smallgovcon.com/tag/incumbent-contractors/)
- [proposal strengths](https://smallgovcon.com/tag/proposal-strengths/)
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- [5 Things You Should Know](https://smallgovcon.com/tag/5-things-you-should-know/)
- [ASMPP](https://smallgovcon.com/tag/asmpp/)
- [all small mentor-protege annual report](https://smallgovcon.com/tag/all-small-mentor-protege-annual-report/)
- [FAR 52.222-46](https://smallgovcon.com/tag/far-52-222-46/)
- [Original Equipment Manufacturers](https://smallgovcon.com/tag/original-equipment-manufacturers/)
- [procurement readiness](https://smallgovcon.com/tag/procurement-readiness/)
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- [SBA SDVOSB Regulations](https://smallgovcon.com/tag/sba-sdvosb-regulations/)
- [FAR Part 13](https://smallgovcon.com/tag/far-part-13/)
- [FAR 13.106-3](https://smallgovcon.com/tag/far-13-106-3/)
- [Shane McCall](https://smallgovcon.com/tag/shane-mccall/)
- [13 C.F.R. 121.1007](https://smallgovcon.com/tag/13-c-f-r-121-1007/)
- [negotiated procurement](https://smallgovcon.com/tag/negotiated-procurement/)
- [summary judgment](https://smallgovcon.com/tag/summary-judgment/)
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- [proposal format](https://smallgovcon.com/tag/proposal-format/)
- [4 CFR 21.2](https://smallgovcon.com/tag/4-cfr-21-2/)
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- [FAR 52.202-1](https://smallgovcon.com/tag/far-52-202-1/)
- [FAR 33.101](https://smallgovcon.com/tag/far-33-101/)
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- [FAR 15.506](https://smallgovcon.com/tag/far-15-506/)
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- [past performance references](https://smallgovcon.com/tag/past-performance-references/)
- [13 C.F.R. 121.103](https://smallgovcon.com/tag/13-c-f-r-121-103/)
- [13 C.F.R. 125.1](https://smallgovcon.com/tag/13-c-f-r-125-1/)
- [Latvian Connection](https://smallgovcon.com/tag/latvian-connection/)
- [13 C.F.R. 121.103(f)](https://smallgovcon.com/tag/13-c-f-r-121-103f/)
- [fair and reasonable pricing](https://smallgovcon.com/tag/fair-and-reasonable-pricing/)
- [tiered evaluations](https://smallgovcon.com/tag/tiered-evaluations/)