House-Passed 2021 NDAA Creates Government-Wide SDVOSB Certification Requirement

Ever since the VA set up its SDVOSB verification program, critics of SDVOSB self-certification have been pushing for the government to expand SDVOSB verification government-wide. Now, it might finally happen.

Section 831 of the House of Representatives’ version of the Fiscal Year 2021 National Defense Authorization Act would expand SDVOSB verification government-wide, formally rename it “certification,” and transfer certification authority from the VA to the SBA.

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SmallGovCon Week in Review: Sept. 28 – Oct. 2, 2020

We’ve been having some great fall weather here in Kansas this week. From what I’ve heard from others around the country (other than the west coast), the cooler weather has definitely arrived. As you break out your sweaters and pumpkin spice . . . everything, check out the latest government contracting updates.

This week’s news included record spending at the end of the fiscal year, a report on the VA’s Medical-Surgical Prime Vendor Program, and updates on the Chinese telecom ban.

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

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:

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University of Texas San Antonio PTAC Legal Update

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

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.

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

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.

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