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 is how I read the FAR early in my career, you’re looking at a veritable brick of a book. You’d undoubtedly get some very nice definition by using copies of the FAR for bicep curls.

But, big as it is, the FAR isn’t quite as impenetrable as it might seem at first glance–especially if you know a few tricks. Here are my top five tips for understanding and using the FAR.

Continue reading…

Event: The SBA’s 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 of affiliation such as economic dependence and family relationships.

The Catalyst always has a great group both organizing the events, and attending! We’re looking forward to seeing everyone at this event. For more information and to register, visit their site.

COFC Confirms SBA Interpretation of Runway Extension Act

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, as discussed in our earlier posts. But there were still some cases working their way through the courts that examined how Congress implemented the Runway Extension Act and whether it applied to SBA or not. To make a long story short, the court agreed with SBA.

Continue reading…

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, the Pentagon canceling the JEDI Cloud contract and an announcement that Soraya Correa, the Department of Homeland Security’s chief procurement officer, is retiring after more than 40 years of federal service. Have a great weekend!

Continue reading…

OHA: Broken Hyperlink Doesn’t Excuse 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 on electronic communications without follow-up.

In a recent case, the SBA Office of Hearing Appeals (OHA) rejected a contractor’s petition for reconsideration upholding the OHA’s appeal of a cancellation of  the contractor’s verified status as a Service-Disabled Veteran-Owned Small Businesses because it could not access a cancelation letter through a link provided by the VA.

Continue reading…

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 Teaming Resource Guides for federal contractors and subcontractors. After an introduction to the basics of teaming, Part I of our series focuses on joint venturing, while Part 2 is a deep dive into prime/subcontracting teaming.

You can check out our Teaming Resource Guides by clicking here. And while you’re there, don’t forget to check out the other services our friends at Pulse offer to federal contractors!

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, please join me and Chris Coleman as we discuss this cornerstone of government contracting in a session hosted by Govology. Chris and I will cover responsibility in-depth, including what is inclued in the FAR’s definition of responsibility, how the government evaluates responsibility, and how a small business can challenge a non-responsibility determination through the SBA’s Certificate of Competency process.

It’s easy to register: just click here. See you on July 15!