Webinar! Finding Federal Subcontracting Opportunities/Subcontracts, July 9, 2024, 9:00am 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 Categories
  • Meet SBA Government Contracting’s CMRs
  • Roles of a CMR
  • How to Locate Subcontracting Opportunities through Subcontracting Plan Requirements

Registration link here.

Webinar! Joint Venture and Teaming, July 9, 2024, 10:00-11:30am 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 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. Register here.

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 for the weekend.

This week in federal government contracting news, be sure to look at articles related to an overview of governmentwide contracting, thoughts about government buying forecasts, and potential AI rules for federal agencies.

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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 other programs) work full time for the company with the SDVOSB status. But what does this mean in practice, especially for start-up companies where the owner may be working a second job. A recent SBA decision sheds some light on the full-time devotion rule.

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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, in Criterion Corporation, B-422309 (Apr 16, 2024), the agency determined that the lowest priced offeror’s price was too low, and that the company could not possibly perform at the price offered. This led to the next lowest priced offeror receiving the award, and the lowest priced offeror protesting that decision, ultimately winning its argument.

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Back to Basics: 8(a) 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 strict requirements out there. In this post, we’ll dig into the basic components of one of those requirements: economic disadvantage. But don’t fret, this post is worth a read for our experienced 8(a)-ers and those just learning about the program. For the former, the information below can serve as a refresher on the basics of economic disadvantage–but also, a source for SBA’s most recent economic disadvantage thresholds (as of 2024, as these are updated periodically for inflation). For the latter, we suggest reviewing these basics of economic disadvantage along with our other Back to Basics blogs on the 8(a) Program (this one discussing the program, generally, and this one discussing all the rules for eligibility).

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SmallGovCon Week in Review: June 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 a nice cool place to read the articles we have included below. Enjoy!

This week in federal government contracting news: agencies are cracking down on everything from cybersecurity to discrimination in the federal marketplace; GAO is pushing for faster and more private procurements; Artificial Intelligence continues to make its way into government acquisitions and may even aid in disabled veterans living independently; and GSA schedules and our U.S. Supply Chains continue to grow in strength and popularity. Read about these and other happenings in the procurement world below.

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