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 a formal verification procedure for verifying the federal or state-recognized status of Indian tribes associated with tribal applications. As such, GAO was asked to evaluate the SBA’s verification of 8(a) applications claiming federal or state-recognized tribal association. The following is a summary of those findings.
Continue reading…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 venture issues.
The event takes place on January 26 from 2:00 – 2:50 PM (CST) / 3:00 PM – 3:50 PM EST and registration is open here. Come join us!
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 the showings required to obtain a stay.” On appeal, the government asserted that the three states involved, Kentucky, Ohio, and Tennessee, and two Ohio sheriffs’ offices which brought the initial claim did not have standing to bring such a case. Additionally, the government argued that even if there was standing, the Property Act authorizes the contractor mandate. However, the Court of Appeals determined all plaintiffs established standing based on four elements and held the Property Act does not authorize the President to take such action.
Continue reading…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 to help bring the rule to life, they will help to ensure that you understand and comply with this essential rule.
If you’d like to join us for this webinar you can sign up for registration here.
Hope to see you there!
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 a lot of news in federal government contracting this week, including trends and marketing info in the new year, cyber security and workforce initiative provisions from the recently signed 2022 NDAA, and a FAR clarification on the commercial item definition.
Have a great weekend!
Continue reading…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, along with the posts first published in 2021 that were popular this year.
Continue reading…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 beneficial to have employees with such experience and still perfectly ethical. What it does forbid is when the company is or even just appears to be getting some sort of unfair advantage in acquiring contracts as a result of having former government workers as employees. For example, what if the contractor hires someone who was with the procuring agency and had access to information on competitors for an upcoming solicitation? This is the sort of thing that will result in awards being lost, as one company learned.
Continue reading…