The HUBZone 35% Residency Requirement in Between Certifications

It is well established that, in order to be eligible for HUBZone certification or recertification, one of the requirements is that 35% of a company’s employees must reside in a HUBZone. That part is (relatively) straightforward. But, as we all know, employees might come and go at any time. This raises a few questions about what the requirement is when a company is preparing to bid on contracts as well as when performing them. We explore this question here.

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SmallGovCon Week in Review: March 20-24, 2023

Happy Spring, Readers! I don’t know about you but I’m looking forward to warmer temperatures and a lot more sunshine in the coming months. We have had a lot of grey, gloomy weather here in Kansas lately and I feel that we are all ready for some fun, outside activities. Spring is a great time of transition and speaking of transition, I will now transition to some federal government contracting news this week. Have a great weekend and we hope you can enjoy spring in your neck of the woods.

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Third Time’s the Charm: Protest Sustained by COFC Due to Failure to Conduct Discussions and Flawed Price Reasonableness Evaluation

Proving that an agency acted improperly in its source selection process can be a difficult task for any protester. In theory, for a best value tradeoff decision, the agency’s decision and the process to come to that decision seems easy: the agency does a tradeoff between cost and non-cost factors, and that which is most advantageous to the government is awarded. How hard could it be? And the decisions handed down by the Government Accountability Office (GAO) and the Court of Federal Claims (COFC) seem to confirm that it isn’t that hard, seeing as many cases challenging a best value decision are denied. This is, in large part, due to the discretion agencies are afforded in their source selection decisions. Whether an agency conducts discussions during the source selection process is one of many procurement factors that is left up to the agency’s discretion. But, every so often, a decision comes along to prove that there are limits to an agency’s discretion, and in this case, the agency’s discretion overstepped its bounds with its price reasonableness decision and the unjustified decision to not perform discussions.

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SmallGovCon Week in Review: March 13-16, 2023

Happy St. Patrick’s Day! Historical reports say the Irish have been celebrating St. Patrick’s Day for over 1,000 years. They would feast on the traditional meal of Irish bacon and cabbage–not quite sure when the green beer was added into the festivities! The first St. Patrick’s Day parade took place not in Ireland but in America on March 17, 1601 in St. Augustine, Florida. Although not as old as St. Augustine’s, our city of Lawrence, Kansas is also preparing for a St. Patrick’s Day Parade, which has been a tradition since 1988. It’s always a fun experience, with 100 floats, and has raised more than $1.2 million dollars for children’s charities.

We’ve included a few articles from this week’s news in federal government contracting to peruse before you head out to your local St. Pat’s Day celebrations, including updates on government budges for the upcoming fiscal year and contractors leaving the federal space. Have a fun day, stay safe, and a have great weekend.

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Back to Basics: Debriefings

Debriefings are a crucial part of the complicated world of bidding on Government contracts. They can provide wonderful insight to contractors on where they can improve, where their proposals were strong, and in cases, may provide information that could indicate to a contractor that a bid protest may be warranted. Therefore, it is vitally important for contractors to understand what Debriefings are, what they can and can’t provide you, and why they matter. Previously, we here at SmallGovCon discussed 5 things you should know about Debriefings, but in this post we will do a more detailed dive into Debriefings based on the current regulations and contracting landscape.

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SmallGovCon Week in Review: March 6-10, 2023

Happy Friday Readers! If you are a college basketball fan, then I’m sure you are as excited about March Madness as we are here at SmallGovCon. With so many really great teams competing for that national championship trophy, it’s sure to be an exciting tournament.

Before you move your attention to basketball, let’s take a look at the happenings in the federal government world this week, including some information on the new iteration of the GSA OASIS vehicle. Check out those articles, among others, that we have included below and have a great weekend!

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