COFC: Lapsed SAM Registration During Proposal Evaluations Makes Offeror Ineligible for Award

It’s a tale as old as time, and I’m not talking about “Beauty and the Beast.” I’m talking about an offeror who failed to comply with the registration requirements in FAR 52.204-7. What’s FAR 52.204-7? It’s the FAR provision that requires, among other things, all offerors to be registered in the System for Award Management, or SAM as it is better known. And, as we have seen many times before, there is no way around this rule. Often, failure to be registered in SAM limits an offeror’s eligibility before award is made, making the offeror ineligible for award. However, this time, it affected the award that had already been made, resulting in the court entering a preliminary injunction against the government continuing with its original award.

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SmallGovCon Week in Review: September 11-15, 2023

Happy Friday, Readers. We hope you had a great week. We are starting to get a little fall weather around these parts, which is exciting. Fall has also brought the prospect of a potential government shutdown and what the impact will be, as reflected in some of these articles. The budget process is complicated, so we are all waiting to see how it shakes out.

We’ve also included some other articles on topics such as OASIS+ and cybersecurity, we hope will be of interest to you below. Have a great weekend.

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UPDATE: SBA Opens Certify Portal for Social Disadvantage Narrative Uploads by Current 8(a) Participants Not Pending 8(a) Award

As we have previously written about in several recent 8(a) articles and updates, which can all be found on our 8(a) landing page here, SBA had previously told all 8(a) participants not pending an 8(a) award to “sit tight” and wait for the go-ahead to submit their social disadvantage narratives. Well, according to SBA’s just-released Certify Help Desk Guidance, it appears that go-ahead was just given to all the (justifiably) anxious 8(a) participants out there hoping to confirm their continued 8(a) Program eligibility as soon as possible.

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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.