Event: APTAC Limitations on Subcontracting Session

Posted on October 28, 2020 by Steven Koprince

For small businesses and their teammates, few topics in government contracting are as confusing as the limitations on subcontracting for set-aside and socioeconomic sole source contracts. And if that isn’t stressful enough, the “LoS” is an area of heavy enforcement: get it wrong, and a contractor can face major penalties.

Wouldn’t it be nice if someone would explain the limitations on subcontracting in plain English? Well, if you’re a PTAC counselor, you’re in luck. On November 5, 2020, Koprince Law LLC Senior Partner Steven Koprince will present a session at the 2020 APTAC Fall Conference to help PTAC counselors and their clients understand and comply with this essential rule.

SBA Rule Tamps Down Joint Venture Unequivocal Control Requirement

Posted on October 28, 2020 by Shane McCall

The SBA’s new rule on Consolidation of Mentor-Protégé Programs contained a lot of updates. One of those concerned the level of control that a lead joint venture member has to have over a joint venture.

In particular, SBA now says that the lead venturer doesn’t have to have unequivocal control as the Office of Hearings and Appeals had suggested in the past. The other joint venture partners can have some say in the joint venture, but how much?

SBA Inspector General Says SBA’s Corrective Actions Have Effectively Resolved 8(a) Eligibility Concerns

Posted on October 27, 2020 by Nicole Pottroff

SBA’s Office of Inspector General (OIG) recently inspected SBA’s 2019-2020 corrective actions to determine whether they had effectively reduced the risks previously found in SBA’s 8(a) Program eligibility determinations. Apparently, the OIG liked what it saw.

SmallGovCon Week in Review: Oct. 19 – Oct. 23, 2020

Posted on October 23, 2020 by Shane McCall

We’ve made it through another week–well done! I wanted to give a shoutout to the University of Texas San Antonio PTAC. Steven Koprince and I enjoyed discussing some legal updates with them earlier this week.

This week, we also explored some key changes from the recent SBA rule on Consolidation of Mentor-Protégé Programs. These included changes regarding replacing the three-in-two joint venture rule, consideration of subcontractor experience, joint venture Facility Security Clearance, and joint venture limitations on subcontracting.

But there were a lot of other federal contracting stories this week, including CMMC questions from industry, a micropurchase update on orders, and a public official pleading guilty to acceptance of gratuities.

You May Dig Yourself into the Mud by Failing to Use the Standard Form for Your Bid Bond

Posted on October 21, 2020 by SmallGovConContributor

When required, bid bonds are an essential aspect to a proper bid. Under FAR 52.228-1, they secure the liability of a surety to the government by providing funds to cover the excess costs of awarding to the next eligible bidder if the successful bidder defaults by failing to fulfill these obligations.

There is a standard form for bid bonds. Though it’s not required, using the standard form is probably the safest bet to avoid possible rejection of a bid, as one contractor learned the hard way.