SmallGovCon Week in Review: April 19-April 23

Posted on April 23, 2021 by Shane McCall

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, it still means spring is here.

Along with the moon, be sure to check out these government contracting updates, including a report on SBA review of PPP loans, changes to beta.SAM, and calls for emerging technologies for DoD.

Are You a Small Business Being Acquired by a Large Business? Check Your Pending Bids

Posted on April 21, 2021 by Shane McCall

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 fall. The new rule could result in a company losing out on an otherwise successful bid.

Congress Should Codify–and Expand–SBA’s Solution to the “Runway Extension” Small Business Size Calculation Problem

Posted on April 19, 2021 by Steven Koprince

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 12.

These changes will benefit growing businesses, allowing stay small longer by including older numbers in their averages. But the new size rules–what Congress has termed a small business “runway extension”–actually penalize some businesses, forcing them to stay large longer, and freezing these companies out of the very small business set-aside opportunities that could help reverse their declining fortunes. That can’t be what Congress intended!

Fortunately, the SBA has come up with a simple, elegant solution to the problem, and I think Congress should codify it before January.

SmallGovCon Week in Review: April 12-April 16

Posted on April 16, 2021 by Shane McCall

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 world. These included new details about the GSA administrator, a potential increased emphasis on evaluation of past performance, and DOD’s innovation ecosystem.

Past Performance: Agency Can Consider Whether Prime & Subcontractor Have Worked Together Previously

Posted on April 15, 2021 by Steven Koprince

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 performance risk.

5 Things to Know About an 8(a) Bona Fide Place of Business

Posted on April 14, 2021 by SmallGovCon Contributor

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 fide place of business.

In order to qualify for construction contracts in the 8(a) program, offerors are required to have a bona fide place of business (or BFPOB) within the established geographic area. This post will walk you through when and how to request a determination from the SBA, and when to expect a decision.