SmallGovCon Week in Review: May 13-17, 2024

Posted on May 17, 2024 by Shane McCall

It’s Friday and time for another week in review. The kids are finishing up the school year, so get ready parents! There are lots of activities happening in town and as I drive by our local ice cream shop it seems to be constantly filled with kids as they celebrate the beginning of summer. We hope you are looking forward to a lot of fun summer activities, as well. Enjoy the weekend!

This week in federal government contracting included updates on veteran-owned and WOSB contracting, as well as concerns about the ranks of DoD contracting officers getting thin.

Another One Bites the Dust: Incomplete Joint Venture Agreement Fails Once Again

Posted on May 16, 2024 by Stephanie Ellis

Once again, an initial awardee has had its award revoked because of a noncompliant joint venture agreement addendum. We see it happen regularly at SmallGovCon. And the decision in Colt-Sunbelt Rentals JV, LLC is yet another data point highlighting that SBA requires strict adherence to the joint venture agreement requirements in 13 C.F.R. § 125.8. Here, an incomplete joint venture agreement and its addendum resulted in a finding of affiliation which resulted in Colt-Sunbelt losing its small business status for the contract at issue.

Govology Webinar: Small Business Subcontracting Plans: What SBLOs Need to Know, May 16, 2024, 1:00pm EDT

Posted on May 14, 2024 by Shane McCall

Steven Koprince, Govology Legal Analyst and retired founder of Koprince McCall Pottroff will be presenting this webinar to help you understand when a small business subcontracting plan is required for a federal prime contractor. Additionally, the course will cover common oversights and mistakes made by prime contractors in connection with establishing and implementing small business subcontracting plans. Please join Steve as he walks you through the process. Register here.

Back to Basics: SBA’s Certificate of Competency

Posted on May 14, 2024 by Nicole Pottroff

If a contracting officer determines that a small business offeror is not qualified to perform under a given solicitation, that typically means the offeror’s proposal will be rejected. But when the rejection deals with responsibility, the offeror may get a second bite at the apple through the SBA’s Certificate of Competency (“COC”) program. Whether this is news to you, or something you simply wish to understand a bit better, let’s take a look at the basics of the SBA’s COC Program, rules, and procedures.

Even Rules have their Limits, Says SBA OHA about the Nonmanufacturer Rule

Posted on May 10, 2024 by Gregory Weber

In a recent size appeal, the SBA OHA made it clear that the nonmanufacturer rule has it limits, and will not apply depending on the dollar value of the acquisition. OHA reminded contractors that the nonmanufacturer rule applies only to acquisitions over the simplified acquisition threshold.

SmallGovCon Week in Review: May 6-10, 2024

Posted on May 10, 2024 by Shane McCall

Happy Friday and Happy Mother’s Day! Celebrations of mothers and motherhood can be traced back to the ancient Greeks and Romans, who held festivals. The American incarnation of Mother’s Day was created by Anna Jarvis in 1908 and became an official U.S. holiday in 1914. Did you know that the most phone calls are made in the United States on Mother’s Day? We hope you have a wonderful weekend and please acknowledge all those mothers and mother-figures in your life. Have a nice weekend.

And now in federal government contracting news this week, some of the interesting updates included GAO’s look at waste in federal programs (they found some) as well as a push to lift budget caps on the DoD.

Apparent Conflict: Appearance of Impropriety Enough to Exclude a Contractor from Federal Contract

Posted on May 8, 2024 by Shane McCall

When a government employee moves from a federal agency to a private contractor, this sort of revolving door can lead to concerns that contractor hiring the ex-agency employee is getting special treatment. To avoid this concern, the ex-agency will sometimes bar the contractor from competing. In a recent case, the Navy did just that and a court had to review if the Navy made a reasonable decision.