Clearing Things Up: OHA Remands Matter for Unclear Veteran-Owned Bylaws

SBA administers four socioeconomic programs: Service-Disabled Veteran-Owned Small Business (SDVOSB), 8(a) Business Development Program (8(a)) Women-Owned Small Business Program (WOSB) and HUBZone. The SDVOSB, 8(a), and WOSB programs all require that the key owner generally have control over the long-term decision-making and the day-to-day operations of a company. These same rules apply to the veteran-owned small businesses program (VOSB) as well. A recent decision from the Office of Hearings and Appeals at SBA reveals that the operating agreement or bylaws for these types of companies must be very clear about how they are operated.

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SmallGovCon Week in Review: August 28-Sept. 1, 2023

Happy Friday! We always know it’s almost Labor Day when the sunflower fields start blooming in Kansas. They hold a special place in our hearts because they are the state flower. People come from miles around to visit and photograph the beautiful fields each year. I mean, how can you not smile when you see a sunflower, right?

We hope you have some fun plans for the long Labor Day weekend and if you have a bit of spare time, we have provided some interesting articles on what’s happening in federal government contracting below, including new small business data, updated rules on the 8(a) Program, and more. Have a great holiday weekend.

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SBA Releases New Small Business Award Data Hub

While some federal contractors have (understandably) been focused on the court decision that found the 8(a) Program’s rebuttable presumption of social disadvantage for members of certain racial minorities unconstitutional, the SBA doesn’t just operate the 8(a) Program. It has to look out for all small businesses in America as well. In connection with this obligation, the agency recently released a new web application that allows visitors to discover a great deal about federal small business awards and socio-economic set aside awards. Called the “Small Business Data HUB,” this free program provides some interesting insights on how the government awards contracts. In this post, we’re going to explore this datahub a little and see what’s going on.

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DoD FAR Deviation Addresses 8(a) Social Disadvantage Changes

It’s no secret that the 8(a) federal government contracting world has been in a bit of an upheaval this summer. When the Eastern District of Tennessee published its decision for the Ultima Services Corporation case, small business federal contractors everywhere began scrambling to keep up to date on how various agencies would react. We here at SmallGovCon have been keeping up to date on the developments as they happen. This time, we have more information on how the Ultima Services Corporation case will affect procurements with the Department of Defense, thanks to a new class deviation effective August 24, 2023.

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SBA Webinar Clarifies New Expectations for 8(a) Social Disadvantage Narrative

As you likely know if you have been anywhere around federal government contracting lately, the SBA’s 8(a) Program is in a little bit of an upheaval. Due to a court case we have blogged on, SBA is subject to a court order with how it administers certain aspects of the 8(a) Program and has temporarily suspended new 8(a) Program applications. However, there are many contractors already in the 8(a) Program that SBA is now asking to complete social disadvantage narratives to allow for continued eligibility. SBA held a webinar on August 24, 2023 to discuss what they expect from social disadvantage narratives submitted by these current 8(a) Program participants. What SBA expressed represents a change to how SBA has reviewed social disadvantage in the past. But we are here to walk you through some of these changes.

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SmallGovCon Week in Review: August 21-24, 2023

We at SmallGovCon are trying to get back into the routine of school. Pick-ups, drop-offs, practices, and clubs–it’s a lot. And the government is also ramping up activity a bit as it prepares for fiscal year end and what usually is a big rush of contract awards. With that in mind, check out the latest news, including SBA’s social disadvantage requirements, cybersecurity, and potential changes from a defense procurement commission. Have a great weekend.

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Koprince McCall Pottroff’s GovCon Handbook, SBA Small Business Size and Affiliation Rules, is Now Available!

We are pleased to announce that the Second Edition of the GovCon Handbook, SBA Small Business Size and Affiliation Rules, is now available!  

Is your small business really small? When it comes to federal government contracts, the answer can be a lot more complex than it sounds.

In this GovCon Handbook, government contracts attorneys provide an in-depth look at the size and affiliation regulations for federal contractors. Written in plain English and packed with easy to understand examples, this GovCon Handbook demystifies the SBA’s rules regarding small business status for government contracts.

This updated handbook was co-authored by me and Nicole Pottroff as well as firm founder Steven Koprince. It is now available through Amazon at this link.