Event! MyGovWatch Live: The B2G Rountable hosted by Nick Bernardo, February 21, 2024, 12:00pm CST

Posted on February 16, 2024 by Nicole Pottroff

Check out the full video from this event here. This edition of MyGovWatch Live: The B2G Roundtable, hosted by MyGovWatch President Nick Bernardo along with govcon legal experts Nicole Pottroff and John Holtz from Koprince McCall Potroff! In this session, we talked with an African American gentleman interested in learning about “Super 8(a)” firms and the history and development around the 8(a) program as it relates to Native American Organizations. We talked to a specialty contractor SDVOSB about which portions of the FAR apply when he is acting as a Federal subcontractor for products, services, or both on Federal construction jobs. Our cohosts gave an update on the transition of SDVOSB certification from the Veterans Administration to the Small Business Administration (SBA), and mentioned details on SBA size threshold limit changes for small businesses in different NAICS codes. We talked about various legal structures allowable for potential 8(a) firms owned by the same principal(s). There was an interesting discussion on using open records laws to learn about what a winning proposal looks like at the state and local level, and we covered best practices in proposal development.

If you’re interested in learning more about the federal government contracting business, please join John Holtz and I, who will be co-hosting with Nick Bernardo at this live podcast event. Sign up now to join this free opportunity to speak with experts, who have actually helped people succeed in govcon and who will be happy to answer your questions. Please register here. For more information on this and other upcoming events visit my MyGovWatch.com.

Adverse Inference, the Wrong Way to Lose a Size Protest

Posted on February 12, 2024 by Shane McCall

An adverse inference is a penalty that the Small Business Administration (SBA) can enforce as part of a size protest. During a size protest determination, SBA will ask the protested company lots of questions. Sometimes, a protester will not answer those questions, either on purpose or due to oversight. Depending on the circumstances, SBA can apply an adverse inference if a protested company fails to respond to questions. If SBA applies an adverse inference, that means that the SBA Area Office will determine that the information that was not provided would prove that the company is not a small business. A recent decision reminds us about this penalty. If you are in a similar situation, reach out to a firm like ours to help think of a way to respond to SBA.

SmallGovCon Week in Review: February 5-9, 2024

Posted on February 9, 2024 by Shane McCall

Happy Friday Readers. We hope you all have had a great week. We are enjoying some milder winter weather here in Kansas finally. We still have a bit to go before spring, but it feels like it is right around the corner. We will be following our KC chiefs as they look to defend their Super Bowl title!

Enjoy the weekend and we also hope you will enjoy reading the articles below, regarding federal government contracting this week. Some highlights include more on the push to increase small business participation, and new legislation that will have an impact on contractors.

Why File: A GAO Pre-Award Protest

Posted on February 9, 2024 by Gregory Weber

For our third entry in our “Why File” series, we will be covering one of the two big bid protest routes, a “pre-award” Government Accountability Office (GAO) bid protest. Most contractors are fairly familiar with GAO bid protests that occur after an agency makes their award decision (more on this in a later “Why File” post). But contractors may be less familiar with pre-award bid protests at GAO. We will cover some of the most common reasons pre-award protests are filed at GAO, based primarily on contracting regulations and bid protest cases. As always, please keep in mind, despite the commonalities discussed below, the question of whether to protest is highly fact-specific and demands careful consideration.

GAO: Brand Name or Equal RFQ Must Explicitly State All Salient Characteristics

Posted on February 7, 2024 by Stephanie Ellis

Solicitations for brand name or equal products are commonly used by contracting officers to ensure that the products procured via the contract meet minimum requirements. However, as one agency found, the salient characteristics required to meet the minimum requirements must be explicitly stated in the solicitation. And, evaluating the product on any characteristics that are not included in the solicitation, even if incorporated by reference to the name brand item, can lead to an improper exclusion of offerors from competition.

SmallGovCon Week in Review: Jan. 28-Feb. 2, 2024

Posted on February 2, 2024 by Shane McCall

Happy February! Our Kansas City Chiefs have once again managed to make it back into the Super Bowl and we couldn’t be happier about it! Whether you’re a Chiefs fan, a 49ers fan or a Swiftie, it’s sure to be a good one! Start gathering those favorite snack recipes and get out the lucky sports gear, folks!

This week in federal government contracting news had some important updates, including a new GSA schedule catalog platform, a report on savings in software purchases, and a revamped SBA training program for small businesses.

Why File: A VOSB or SDVOSB Status Protest

Posted on January 31, 2024 by Nicole Pottroff

The second entry in our new “Why File” series covers some of the main reasons unsuccessful offerors file veteran-owned small business (VOSB) and service-disabled veteran owned small businesses (SDVOSB) status protests. Don’t worry if VOSB and SDVOSB are new acronyms to you–or you just need a refresher–we’ve got a Back to Basics blog for that. If you’re a seasoned vet (pun intended), you already know SBA now handles the Veteran Small Business (VSB) Certification Program (VetCert) (which covers VOSBs and SDVOSBs) administration and status protests. So, the following (non-exhaustive) list of some of the most common reasons VSB status is protested is based primarily on SBA regulations and cases. But please keep in mind, despite the commonalities discussed below, the question of whether to protest is highly fact-specific and demands careful consideration.