Limitations on Subcontracting: Step-by-Step, Plain English Guides

Posted on October 1, 2020 by Steven Koprince

In my legal career representing hundreds of small businesses in government contracting, few topics have caused as much confusion as the limitations on how much work can be subcontracted on small business set-aside contracts and sole source contracts (like 8(a) Program direct awards).

Earlier, working with my friends at Govology, I put together step-by-step compliance guides for service contractors, construction contractors, manufacturers, and nonmanufacturers. Each guide is written in plain English and includes examples to help demonstrate how the SBA’s limitations on subcontracting rule (13 C.F.R. 125.6) works in practice.

Here’s where to find my limitations on subcontracting guides:

University of Texas San Antonio PTAC Legal Update

Posted on September 30, 2020 by Shane McCall

I’m pleased to announce a new learning opportunity from me and my colleague Steven Koprince! There’s been some big changes for government contractors over the last year, so it’s important to sort through them all.

To aid that process, we will be presenting “Government Contracts Legal Update 2020,” a virtual event hosted by the University of Texas San Antonio PTAC. The event will take place on October 22 from 1:00 PM – 2:30 PM (CDT). More information can be found here.

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GAO Not Buying Agency’s Proposed Online Marketplace Solicitation

Posted on September 30, 2020 by Shane McCall

We all know online marketplaces are very popular among consumers, so it’s no wonder that federal agencies would want to get in on the action too. But a federal agency is different from an ordinary consumer because the federal government is required to purchase goods and services according to a vast array of federal statutes and regulations. When an agency tried to set up an online marketplace in violation of acquisition rules, GAO didn’t let it fly.

SBA Clarifies that SBIR and STTR Programs Will Allow Successor-In-Interest Transfers of Awards

Posted on September 28, 2020 by Nicole Pottroff

SBA recently issued a technical amendment to its SBIR and STTR Programs Policy Directive to clarify that successor-in-interest entities are, in fact, eligible to receive phase III awards. The amendment will take effect on October 1 of this year.

SmallGovCon Week in Review: Sept. 21-25, 2020

Posted on September 25, 2020 by Shane McCall

Next week, I’ll be speaking on small business federal contracting issues at for the AFCEA South Florida chapter. But if you can’t catch that talk, there’s a lot of federal contracting news to catch up on this week. Read on below.

Stories from the past week include the White House release of an executive order that may have some effect on federal contractors. The executive order requires a clause in federal contracts prohibiting federal contractors from using “workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating.”

‘[R]ace or sex stereotyping’ means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex, and the term ‘race or sex scapegoating’ means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.” Contractors should be aware of this new requirement, but we’ll have to see how it plays out in practice.

Read on for other interesting stories.

AFCEA Small Business Talk September 29

Posted on September 25, 2020 by Shane McCall

Mark your calendars for next week. I’ll be speaking at the AFCEA South Florida’s SB Lunch and Learn on September 29 from 11:30am – 12:30pm eastern time. The topic is “10 things every Small Business should know about Federal Contracting Law.”

AFCEA is an organization dedicated to “exploration of issues relevant to its members in information technology, communications, and electronics for the defense, homeland security and intelligence communities.” The event is open to all and registration information can be found here.

VA CVE Verification Appeals Must be Filed at SBA, Not VA

Posted on September 24, 2020 by Nicole Pottroff

If the VA Center for Verification and Evaluation denies a company’s application for verification as a service-disabled veteran-owned small business, the applicant has the right to appeal–but the appeal must be filed with the SBA, not the VA.

In a recent case, an applicant tried to appeal its denial to the VA, apparently based on the erroneous advice of a VA employee. By the time the applicant realized that it had appealed to the wrong agency, it was too late.