GAO: Small Business Rule of Two Doesn’t Require Set-Aside for Task Order

Generally, the small business Rule of Two requires an agency to set aside contracts for small business, assuming that there are at least two small businesses with competitive prices who will bid on the contract. But does the small business Rule of Two apply to orders under a multiple award contract? In a recent decision, GAO affirmed the answer is no–application of the small business Rule of Two for orders under a multiple-award contract is discretionary.

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Event: SBA Training Webinar on 8(a) Joint Ventures

8(a) joint ventures are a powerful tool–both for non-8(a)s to participate in 8(a) contract opportunities and for 8(a) companies to gain valuable experience in their industries. But it is crucial that 8(a) joint ventures follow all of SBA’s requirements if they want to get (and keep) 8(a) awards.

Some of those requirements underwent significant revisions this past year. Join Shane McCall and me on February 9 for the SBA Training Webinar: 8(a) Joint Ventures, where we will discuss the ins and outs of 8(a) joint ventures and keep you up-to-date on all of SBA’s requirements.

Please register here. Hope to see you there!

SmallGovCon Week in Review: Feb. 1 – Feb. 5, 2021

We here at SmallGovCon have something on our minds this week, and it’s not only a roundup of the most important federal contracting news. A little game called the Super Bowl features our hometown Kansas City Chiefs, hoping to repeat as champions! This Chiefs-themed anthem has been my pump-up jam for the last several weeks.

Some of the key alerts for this week include an updated timeline for CIO-SP4, increased OTA use at Pentagon, and the CMMC rollout progresses.

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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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