There are multiple overlaps in SBA’s socioeconomic rules for the 8(a) Program, Women-Owned Small Business Program (WOSB), and the Service-Disabled Veteran-Owned Small Business (SDVOSB) Program. One in particular has often caused some confusion for our clients: the full-time devotion requirement. This rule generally requires that the service-disabled veteran owner (or equivalent key owner in the other programs) work full time for the company with the SDVOSB status. But what does this mean in practice, especially for start-up companies where the owner may be working a second job. A recent SBA decision sheds some light on the full-time devotion rule.
Continue reading…GAO Protest Sustain: Flawed Price Realism Analysis
We often see price realism in protests when the protester is making the claim that the awardee’s price, which was lower than the protester’s price, is low enough that the awardee would not be able to perform the work as solicited. Most often, GAO will determine that the agency’s price realism analysis was acceptable. However, in Criterion Corporation, B-422309 (Apr 16, 2024), the agency determined that the lowest priced offeror’s price was too low, and that the company could not possibly perform at the price offered. This led to the next lowest priced offeror receiving the award, and the lowest priced offeror protesting that decision, ultimately winning its argument.
Continue reading…Back to Basics: 8(a) Program Economic Disadvantage
When it comes to SBA’s many small business socioeconomic certification programs, the 8(a) Business Development Program is often considered SBA’s “golden child”–as its potential benefits are nearly endless. But it certainly wouldn’t be a “golden child” at all if just anyone could get into it. The 8(a) Program has some of the most extensive and strict requirements out there. In this post, we’ll dig into the basic components of one of those requirements: economic disadvantage. But don’t fret, this post is worth a read for our experienced 8(a)-ers and those just learning about the program. For the former, the information below can serve as a refresher on the basics of economic disadvantage–but also, a source for SBA’s most recent economic disadvantage thresholds (as of 2024, as these are updated periodically for inflation). For the latter, we suggest reviewing these basics of economic disadvantage along with our other Back to Basics blogs on the 8(a) Program (this one discussing the program, generally, and this one discussing all the rules for eligibility).
Continue reading…SmallGovCon Week in Review: June 17-21, 2024
Happy Friday and we hope you had an enjoyable Juneteenth. Yesterday was the first day of summer and our humidity was a balmy 96% on the first official day! Whew…so hot. I think that everyone here would agree that we hope that won’t be the norm. We hope you have a great weekend and find a nice cool place to read the articles we have included below. Enjoy!
This week in federal government contracting news: agencies are cracking down on everything from cybersecurity to discrimination in the federal marketplace; GAO is pushing for faster and more private procurements; Artificial Intelligence continues to make its way into government acquisitions and may even aid in disabled veterans living independently; and GSA schedules and our U.S. Supply Chains continue to grow in strength and popularity. Read about these and other happenings in the procurement world below.
Continue reading…Back to Basics: The Buy American Act
We get a lot of questions about federal government contracting as federal government contracting attorneys, which makes sense. One thing we get asked about a lot is the Buy American Act. This is also unsurprising, as the government really did not do the best job in making it clear what this act does. We have talked about the Act before, but now, let’s take a deeper dive into it.
Continue reading…SBA Confirms GSA Schedule-Holders Who Outgrow Size Standard Can Still Get Awarded Set-Aside TOs and Options
Many contractors utilize a GSA schedule contract to provide the Government with their products and/or services. After all the effort it takes to get on a GSA schedule contract, a contractor would certainly not want to lose its chance at a small business task orders issued under it, just because it’s circumstances have changed since it first got the schedule contract as a small business. In a recent decision, the SBA’s Office of Hearings and Appeals (“OHA”) confirmed that even if a business changes size after being awarded a GSA schedule contract, it can still compete for small business task orders from a Blanket Purchase Agreement (“BPA”) awarded under it.
Continue reading…SmallGovCon Week in Review: June 10-14, 2024
Happy Friday! The weather gave us a taste of summer with a heat index of over 100 degrees here in the Midwest. We are grateful for air conditioning here at SmallGovCon. We hope you have been staying cool and have some fun things planned for the weekend. Enjoy!
This week in federal government contracting news there is buzz about AI procurement, supply chain risks, and timing changes on the 8(a) and WOSBS programs from SBA.
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