Buy American Act Executive Order Promises Much, Will it Deliver?

The White House has released the final language of the Buy America Act. Our recent post looked forward to what we could expect from the final rule. Now the rule has been released, so what is in it?

The executive order promises quite a bit, and a lot of what is promised we will likely not see until 6 to 12 months down the road.

Here is what to expect now, in 6 months, and then down the road.

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New GovCon Handbook Arriving Soon! The 8(a) Program 2021 Edition

I’m so excited to announce that a new Koprince Law LLC GovCon Handbook entitled, The 8(a) Program, is coming soon! This handbook–complete with all the SBA’s important changes from the past couple years–was co-authored by myself and Steven Koprince. It will be published through Amazon in the coming weeks. And don’t worry, we will keep you updated on the publication date and how to reserve an advance copy.

If you are thinking about applying to the 8(a) Program, currently going through the application process, or have already been admitted–this is the book for you. This book provides guidance on every step of the process, in plain English. It can help you navigate the ins and outs of the 8(a) Program, and even assist you in utilizing the full extent of your 8(a) Program opportunities. Stay tuned for more details!

Five Things You Should Know: the FAR’s Independent Pricing Certification

Small businesses will see several major multiple-award solicitations in 2021, including CIO-SP4 and Polaris. As contractors develop their capture strategies for important procurements like these, one frequently-asked question is, “can I be on multiple teams?”

While there is no simple one-size-fits-all, yes/no answer to the “multiple teams” question, an often-overlooked FAR provision provides some important guidance. Let’s take a look at five things you should know about the FAR’s Certificate of Independent Price Determination.

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GAO Sustains Protest, Reminds Government It Must Show Its Work

If a teacher has told you once, they’ve told you a thousand times, show your work.  That was GAO’s reminder to GSA in its decision in Hoover Properties, B-418844 (Sept. 28, 2020).  In the case, GAO sustained a protest from property management company Hoover Properties, the non-awardee of a GSA request for lease proposal (RLP), in which Hoover argued that GSA failed to provide adequate documentation for its evaluation.

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SmallGovCon Week in Review: Jan. 25 – Jan. 29, 2021

Hope our SmallGovCon readers had a great week! I want to give a shout out to the fine people at PubK, who did a great job hosting the Government Contracts Annual Review! It was a well-run and informative event.

This week saw some intriguing breaking news, such as an SBA summary of one year 8(a) Program extension, FedRAMP application to CMMC, and a push to negotiate prices at task order level.

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Agency’s Decision to Cancel FAR Part 8 Solicitations and Move the Work to Existing Multiple Award Contract Was Flawed, Says COFC

We already blogged on the COFC’s landmark Rule of Two decision in Tolliver Grp., Inc. v. United States. But the court’s two-part holding (in favor of the plaintiffs on both counts) was just too impactful for a single blog. Not only did the court fault the agency for failing to do a Rule of Two analysis before using an IDIQ, it also said that the agency failed to justify the decision to cancel the solicitations and switch contract vehicles under the Administrative Procedure Act (APA) standard of review, which the court called a “highly deferential”–but not “toothless”–review.

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Event: Still a Game Changer: The SBA’s All Small Mentor-Protégé Program (2021 Update)

SBA’s All Small Mentor-Protégé Program isn’t a baby anymore—in fact, it isn’t even a toddler! But it remains a “game-changer” for large and small contractors alike. Now, it is effectively absorbing its 8(a) Mentor Protégé Program counterpart.

On February 11, please join me and Steven Koprince in an online session hosted by Govology where we cover the details of the recent mentor protégé program consolidation, along with all the other big changes to the program we’ve seen this last year.

Please click here for the registration information. Hope to see you there!