SBA Dials Back on 8(a) Program “Immediate Family” Restrictions

If you’ve been interested in applying to the SBA’s 8(a) Business Development Program, but have a close family member who has already participated in the 8(a) Program, SBA’s message–until now–has been, for the most part, “thanks, but no thanks.”

But in a new rule taking effect on November 16, 2020, SBA has dialed back on the restrictions applicable to people who want to participate in the 8(a) Program, but who have immediate family members who have previously received 8(a) benefits.

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SmallGovCon Week in Review: Nov. 9 – Nov. 13, 2020

We sure are enjoying the change to fall weather here in Lawrence, Kansas, home of the SmallGovCon blog! The leaves are beautiful–until you have to start raking them. Hope you are enjoying the weather in your parts, too.

This week saw some important updates in the government contracting world. These included lessons from public and private sector organizations on cybersecurity, a new Army museum, and what a new administration could mean for contractors.

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SmallGovCon Welcomes Christopher Coleman

I am pleased to announce that Christopher Coleman has joined our team of government contracts attorney-authors here at SmallGovCon. Christopher is an associate attorney with Koprince Law LLC, where his practice focuses on federal government contracts law.

Before joining our team, Christopher was in private practice and served as an Assistant District Attorney, where he advocated for clients and drafted and edited contracts, agreements, and manuals, developing skills that enable him to to lead clients through the government contracts realm. Check out Christopher’s full biography to learn more about our newest author, and don’t miss his first SmallGovCon post on how to properly protest competitive range decisions.

GAO Confirms You Cannot Challenge Another Offeror’s Inclusion in the Competitive Range

An offeror in the competitive range cannot protest another offeror’s inclusion in the competitive range, according to GAO. In a recent decision, GAO dismissed an offeror’s protest as premature when both offerors were included in the competitive range. 

After a series of protests and corrective actions, GAO recommended to include a previously excluded offeror in the competitive range for consideration. The competing offeror protested this inclusion, and GAO dismissed the protest.  

Why would GAO dismiss this protest?  Here is what you need to know. 

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SBA Eases Lifetime Limit on Mentors

The SBA has long had a lifetime limit of two mentors for each protégé–and this limit was enforced very strictly. Say the mentor ghosted the protégé, or the two just never did any contracts together. Well, too bad, that still used up one of the two lifetime mentors that a protégé could have.

They say there are no second chances, but the SBA’s new rule will allow for second chances on a mentor protégé arrangement in some circumstances, which should benefit protégés going forward.

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Here’s Why “The Other Guy’s Price Is Too Low” Often Fails As a GAO Bid Protest Argument

Maybe it’s happened to you: your company receives a notice of unsuccessful offeror, and your eyes pop. You can’t believe that the winner’s price is so low. “There’s no way they can successfully perform for that,” you say.

But before you file a GAO bid protest, you should carefully check the solicitation’s evaluation criteria. As one unsuccessful offeror recently learned the hard way, GAO often won’t listen to an argument that “the other guy’s price is too low.”

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