Davis-Bacon Act Resurrects Old Prevailing Wage Methodology

There is a saying that sometimes to go forward, you have to go back first. In August, the Department of Labor (“DOL”) published a final rule that will update the Davis-Bacon Act, with some methodologies previously abandoned. Unsurprisingly, this final rule focused on enforcement of labor standards, and was quite lengthy (numbering in the hundreds of pages). Despite it’s voluminous size, there was one major change that federal contractors will find of interest, a change to the method of determining prevailing wage. That is the focus of this post.

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Govology Webinar: Foreign Ownership, Control or Influence (FOCI) Rules for Federal Contractors, Sept. 14, 2023, 1:00pm EDT

Steven Koprince, Govology Legal Analyst and retired founder of Koprince McCall Pottroff will be presenting this webinar which covers the Foreign Ownership, Control or Influence (FOCI) Rules for Federal Contractors, including which contracts are subject to FOCI rules, how does the government evaluate whether a contractor is operating under foreign ownership, influence, or control, what responsibilities does a contractor or potential contractor have to identify and report FOCI concerns, and more. Don’t miss your chance to learn all about FOCI, in plain English! Register here today!

SmallGovCon Week in Review: September 4-8, 2023

Happy Friday! We hope you enjoyed the nice long weekend. After this long heatwave, we’ve been enjoying the cooler weather this week, here in Kansas. I think it’s safe to say that most everyone is ready for fall.

There was a lot of activity this week in federal government contracting. We have included some articles that we hope will be of interest, including updates on the 8(a) Program, and a lot of changes on the IT front for federal agencies. Enjoy the weekend!

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Partner Nicole Pottroff Discusses Recent 8(a) Program Changes in Washington Post Article

Our very own Nicole Pottroff was featured in the Washington Post yesterday, in an article titled: “SBA program upended in wake of Supreme Court affirmative action ruling.” This article covers SBA’s 8(a) Program and its recent changes, as well as the federal court decisions that sparked the changes and some of the more widespread concerns moving forward. We have been fortunate enough to help countless companies get into the 8(a) Program, stay in the program, and navigate all the opportunities and benefits it has to offer. We have blogged consistently on everything from the federal court decisions at issue to the SBA’s implementation of the ordered changes to the 8(a) Program–doing our best to ensure our readers stay up-to-date on all things 8(a) in these times of uncertainty and change (a collection of all these articles can be found here).

So suffice it to say, we are excited to see the program being talked about on such a highly-esteemed, public, national forum. We are also very proud to see Nicole’s name in such a significant article on that forum. If you haven’t yet, go give it a read.

Event Announcement: Senator Joni Ernst’s Entrepreneur Expo, September 22, 2023 Ames, Iowa

I’m excited to announce that I will be presenting at Senator Ernst’s Entrepreneur Expo in Ames, Iowa. This is a wonderful opportunity for Iowa’s small businesses to learn about government contracting and federal innovation programs. This event will feature successful small business speakers, multiple information sessions with procurement experts, and networking opportunities with federal, state, and local agency officials. I’ll be discussing both the SBA Mentor-Protégé Program and small business joint ventures.

There are multiple programming tracks within the Expo for participants to choose from, as well as networking sessions. Hope to see you there! Free registration at this link. Additional information about this event here.

Virtual Event Announcement: Teaming Agreements hosted by Wyoming APEX Accelerators, September 13, 2023, 1:00pm CDT

For large and small contractors alike, teaming agreements are often essential to winning and successfully performing federal government contracts. Many agencies are (increasingly) requiring teaming agreements for a prime contractor to rely on subcontractor experience, qualifications, or resources. Even where a teaming agreement is not required to compete for a contract, it can still significantly reduce the likelihood of disputes during contract performance. So it is easy to see why teaming agreements are special enough to be the star of their own show. In this webinar, government contracts attorney, Nicole Pottroff & Greg Weber, will explain how to develop, negotiate, and administer teaming agreements that are both compliant and effective, covering best practices for teaming agreements that go beyond the bare minimum legal requirements and lead to more successful teams.  Please join us! Register here.

Govology Webinar: Cracking the Code: NAICS Essentials for Government Contractors, September 12, 2023, 1:00pm EDT

Join this webinar as John Holtz and I explore the pivotal role of NAICS codes in determining eligibility for SBA’s exclusive small business set-aside contracts. Recent revisions in size thresholds, size calculations, and industry classifications within the latest NAICS manual have reshaped the landscape. We’ll also discuss NAICS codes appeals, which can be a powerful tool. Register here.