SmallGovCon Featured on Legally Contented Podcast

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If you are in to podcasts, law firm blogs, or legal marketing, check out my appearance on the Legally Contented podcast with Wayne Pollock. Here is the YouTube version, and below are links to the audio podcast on your format of choice. In this podcast, we discuss how blogging can make attorneys better attorneys balancing breaking news-type blog posts with substantive blog posts–and lots more. It was a great experience discussing SmallGovCon with Wayne. Hope you enjoy it.

https://podcasts.apple.com/us/podcast/legally-contented/id1612322032
https://open.spotify.com/show/3WfCyY0cbL1Mc4SfBWbr30
https://music.amazon.com/podcasts/b370b4d4-59df-47a8-8bff-4f786ed06222/legally-contented

SmallGovCon Week in Review: June 26-30, 2023

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Happy Friday! We hope you have had a productive week. We are having a heat wave here in Kansas, with the heat index getting up to 106 degrees, and we know it’s even higher in other parts of the country. I think I speak for everyone here when I say we are grateful for air conditioning. We hope you are staying cool and healthy in your neck of the woods and looking forward to the weekend.

This week in federal government contracting news saw movement on the 2024 NDAA as well as calls for enhanced security on federal cyber projects.

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Govology Webinar: Compliant and Effective Teaming Agreements, Joint Ventures & Subcontracts – 3-Part Series (2023 Update) July 11-13, 2023, 1:00pm EDT

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For large and small contractors alike, teaming agreements, joint venture agreements, and subcontracts can be essential to winning and successfully performing federal government contracts. In this three-part series, government contracts attorneys Nicole Pottroff and John Holtz will explain how to develop, negotiate and administer agreements that are both compliant and effective. The presentations will cover both the key rules (such as flow-downs and ostensible subcontractor affiliation) and best practices for agreements that go beyond the bare minimum legal requirements. Hope you will join us! Register here.

Recent NAICS Code Appeal Demonstrates Contractor Strategy to Limit Competition

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While every federal government contractor is likely familiar with bid protests, whether directly involved in one or not, it is far less likely that those same contractors are as familiar with NAICS code appeals. This is probably due to the infrequent nature of NAICS code appeals, with roughly 20 being filed each year. However, even if so few are filed annually, they tend to have a relatively high success rate, with appeals decided on the merits being decided in favor of the Appellant about 50% of the time. Below, I will take a look at a recent NAICS code appeal to help demonstrate what the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) takes into account when reviewing NAICS code appeals, and why you, as a contractor, should review a solicitation’s classification to potentially give you a leg up.

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Koprince McCall Pottroff LLC Announces Gregory Weber as Senior Associate Attorney!

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Koprince McCall Pottroff LLC is a premier small business and federal government contracts firm in Lawrence, Kansas. The management team is pleased to announce that Gregory Weber has been promoted to the role of Senior Associate Attorney.

Greg quickly integrated himself into the fabric of our firm, and working with federal contractors has become second nature to him. In response to the announcement, Greg said, “I am thrilled to be given this opportunity to further help our clients and work within the federal contracting community. Koprince McCall Pottroff has a great tradition of excellence and I am proud to be a part of it.”

Greg draws on his experience working for a number of large organizations. In those roles, he became adept at communicating complicated legal and regulatory concepts to clients. This skill translated nicely into the federal contracting world. Greg is hardworking to a fault and always puts providing client value and outstanding client communications at the top of his list. He is equally skilled at litigation (including at SBA, ODRA, and the Court of Federal Claims) and transactional matters (including small business, socioeconomic certifications, and teaming relationships).

Greg is a great attorney and advocate for the federal contractors that our firm serves. The promotion is well deserved!

GAO: Each JV Partner’s Experience Must Be Considered

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A common path for many federal contractors to bid on and perform a federal contract is through a joint venture (“JV”). Utilizing a JV can provide some great opportunities for two (or sometimes more) businesses to share resources and boost each others’ performance on a contract. Additionally, it can be a great tool for contractors to utilize both JV partners’ experience and to jointly gain more experience. There are even widespread SBA regulations requiring agencies to “consider” both JV partners’ experience in an evaluation. However, there has still been quite a bit of back and forth regarding how agencies are supposed to evaluate a JV’s experience, and specifically what it means to “consider” each JV partners’ individual experience, particularly in situations where only one JV partner submits the experience. In May of 2023, GAO issued a decision that provided at least some clarification on how an agency should consider each JV partner’s experience, and the impact of not doing so.

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Event Announcement: Procurement & Contracting Symposium hosted by Texas El Paso APEX Accelerators, July 25, 2023

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I’m very excited to be speaking at the Procurement & Contracting Symposium held at EPCC Administrative Services Center (ASC) in El Paso, Texas on July 25.  The wonderful Pablo Armendariz is putting this one together. I’ll be providing a comprehensive update on the most important government contracting legal changes.

It’s going to be a great opportunity for Federal, state, and local government agencies, buyers, prime and subcontractors, suppliers, providers, and the regional business community to meet and participate in informative training sessions as well as receive government contracting guidance, updates, and upcoming forecasts. I hope to see you there! Here is the event link, for additional information.