SmallGovCon Week in Review: August 14-18, 2023

Posted on August 18, 2023 by Shane McCall

Happy Friday! School started this week and I’m not sure who was more excited, the kids or the parents? Seems like the summer school break flew by. It’s really fun to see all those first day of school photos that the parents are posting.

Here in Lawrence, Kansas the university students are also back in town and the energy level is always palpable as the semester is starting. We hope you had a nice summer and were able to get out and enjoy a little family time, prior to the start of the school year. Enjoy the weekend!

And now, the news in federal government contracting, as the fiscal year comes to a close, there are updates on some big MACs, government IT and cybersecurity, and new DOL regulations.

OHA: A Manufacturer Must Own or Lease Facilities to Qualify

Posted on August 16, 2023 by Shane McCall

In a recent decision, the Small Business Administration’s Office of Hearings and Appeals (OHA) reviewed the requirements to establish that a company is a manufacturer of a product under SBA’s rules. In particular, there is a requirement that a company use “its own facilities” in manufacturing the product. But how does a company establish it will use its own facilities?

SBA Clarifies Inconsistencies in 8(a) and Mentor-Protégé Ownership Rules

Posted on August 15, 2023 by Stephanie Ellis

A lot has been happening in the 8(a) Business Development Program world over the past couple of weeks. SBA has been busy updating regulations applicable to the 8(a) Program to both bring SBA rules into alignment with the economic realities in a post-COVID world and to make 8(a) requirements more uniform across the board. Here, we focus on a change to ownership rules for non-disadvantaged owners of 8(a) Program participants that are also part of an SBA-approved Mentor-Protégé Agreement.

Podcast: Understanding the 8(a) Lawsuit and Its Impact: Attorney John Holtz Reveals All

Posted on August 14, 2023 by John Holtz

John Holtz was recently interviewed by Dr. Kizzy Parks with K. Parks Consulting, Inc. about the current 8(a) Program situation and the pause on applications. Please use this link to access this informative podcast and we invite you to visit YouTube for all of Kizzy Parks podcasts concerning federal government contracting matters.

SmallGovCon Week in Review: August 7-11, 2023

Posted on August 11, 2023 by Shane McCall

Hello, Readers! Many small business contractors and agency personnel are paying close attention to the fallout from the recent court decision on the 8(a) Program, as shown in this week’s articles. For an explanation of the decision, see the post from John Holtz, while Nicole Pottroff has explained SBA’s pause on taking current 8(a) Program applications. Another big story was DOL’s new rules.

We hope you have a wonderful weekend and please refer to our most recent blog posts for additional information on federal government contracting matters.

Senate-Passed 2024 NDAA set to Raise DoD Set-Aside Sole-Source Contract Threshold Limits

Posted on August 10, 2023 by Gregory Weber

Through an amendment to the Senate-Passed 2024 NDAA, the Department of Defense (“DoD”) sole source threshold for many socioeconomic set-aside programs would be increased significantly under the Senate-passed version of the 2024 National Defense Authorization Act. Also a method to adjust DoD sole-source thresholds for inflation would be created.

8(a) Rule Update: Agencies Can’t Limit 8(a) Competition to Participants with Additional Certifications, SBA Clarifies Bona Fide Place of Business for Construction Contracts

Posted on August 9, 2023 by John Holtz

A few months ago, we explored SBA’s new rule that made changes to the 8(a) program, the limitations on subcontracting rules, and the ostensible subcontractor rule. There was another aspect of that new rule that also makes some needed clarification on how contracting officers can limit 8(a) competitions, and we want to briefly explore that here.