Taken as a whole, the Government-wide performance metrics for small business utilization are encouraging.
The Small Business Administration’s FY2015 report card shows that the Government exceeded its prime contracting goals across four of the five socioeconomic categories measured. Moreover, the amount of federal spend going to small businesses reached an all-time high of over 25%.
In determining whether a prime contractor and subcontractor are affiliated under the ostensible subcontractor rule, the SBA is supposed to consider the totality of the relationship between the parties. But when it comes to determining whether the ostensible subcontractor rule has been violated, not all components of the prime/subcontractor relationship are created equal.
In a recent decision, the SBA Office of Hearings and Appeals confirmed that there are “four key factors” that are strongly suggestive of ostensible subcontractor affiliation–especially if the subcontractor will perform a large percentage of the overall contract work.
This is it: the 1,000th SmallGovCon post. And if you’re reading this, you are a big reason why we’ve hit such a major milestone in less than five years.
Thank you, SmallGovCon readers.
If you have been reading our blog recently, you may be aware that this is the 999th SmallGovCon post. My colleagues and I are excited to reach the 1,000-post milestone next week. To celebrate SmallGovCon‘s first 1,000 posts, we’re offering one lucky reader a chance to win a free one-hour custom webinar with me on the government contracting legal topic of your choice. All that you need to do is tell us why you read the blog and you will be entered–you don’t need to be a Koprince Law client or even a Chicago Cubs fan (although if you are both, I commend you for your exceptional choices).
Keep an eye out for SmallGovCon Post #1,000 early next week. In the meantime, it’s time for the weekly SmallGovCon Week In Review. This week’s articles include White House guidance on the new Executive Order governing agency regulations, a Minnesota man heads to the pokey after being convicted of contract fraud, the GSA seeks to calm apprehensions related to its new Transactional Data Reporting rule, and more.
I am back in Kansas, where it is a balmy 39 degrees, after a great trip to Orlando for the National 8(a) Association Small Business Conference.
The weather in Florida was “for real” balmy, as my kids might say–but as tempting as the sunny outdoors was, the convention hall was packed with representatives from 8(a) companies, large primes, government agencies, and others. You know a conference has great content–and great networking–when attendees voluntarily choose the lecture hall over a nearby sun-drenched pool.
When many people think of small business federal contractors, they probably picture a local business and not a subsidiary of a foreign entity. But this image isn’t always accurate—small business federal contractors don’t often neatly fit in the mold of local, mom-and-pop shops.
The SBA’s small business regulations confirm this to be true. Indeed, to qualify as a small business for most federal contracting purposes, a company can be a subsidiary of a foreign firm—so long as certain criteria are met. This point was recently affirmed by the SBA Office of Hearings and Appeals, when it found that a domestic affiliate of an international conglomerate qualified as a small business.
The SBA is processing the typical “All Small” Mentor-Protege Program application in a lightning-fast eight days.
Speaking at the National 8(a) Association 2017 Small Business Conference, John Klein, the SBA’s Associate General Counsel for Procurement Law, confirmed that All Small mentor-protege agreements are being processed very quickly. I was in the audience this morning for Mr. Klein’s comments, which also included many other interesting nuggets on the SBA’s new All Small Mentor-Protege Program.