Teaming agreements are a great tool for establishing the prime-subcontractor relationship to jointly pursue government contracts. They can protect the parties’ rights, set performance expectations, demonstrate regulatory compliance, and reduce the likelihood of disputes down the line. But no matter how common teaming agreements have become, many still find them to be a bit of a mystery. This is probably because teaming agreements are neither required nor defined by SBA’s regulations or the FAR; and they have no regulatory-required content. But that doesn’t stop procuring agencies from requiring submission of teaming agreements with proposed teaming partners (especially where the offeror requests consideration of its proposed subcontractor’s past performance, experience, and/or capabilities). So, it is beneficial to know some of the “basics” of teaming agreements: what they are, why you should have one, and what should be included.
Continue reading…SBA Turns Spotlight on its Size and Status Protest Process
The Small Business Administration’s (SBA) Office of Inspector General (OIG) recently took a look at SBA’s recent small business size and status protests to determine “whether the SBA had effective controls in place to (1) ensure protest decisions were properly enforced and to (2) monitor the protest process.” Overall, the OIG had positive things to say about the the protest process. What’s interesting for small business federal contractors are some of the numbers from this report, detailed below.
Continue reading…Govology Webinar: Understanding & Obtaining HUBZone Certification (2023 Update), March 21, 2023, 1:00PM EDT
The SBA revamped its HUBZone rules in the last few years, making several changes to the HUBZone program. However, we continue to see updates to how SBA interprets these rules as it puts out policy guidance frequently. In this webinar, government contracts attorneys Nicole Pottroff and John Holtz will discuss these changes and SBA’s related guidance.
If you’re a HUBZone contractor trying to remain compliant or have thought about obtaining a HUBZone certification, please join us. Register here.
SmallGovCon Week in Review: February 27-March 3, 2023
Happy Friday and Happy March Madness. The country sure has been getting some wacky weather this week as spring is set to arrive soon. Here in Kansas, we are starting to see the first green sprouts emerging from the ground and everyone is getting really excited about the NCAA basketball tournament. Time to prepare your bracket and cheer on your favorite team as they fight to advance to the next level.
There were several announcements this week in federal government contracting, including implementation guidance from the Whitehouse on “No TikTok on Government Devices”. You can read about that and other related content in our articles list below. Have a great weekend.
Continue reading…GAO Sustain: Agency Failed to Document Prior Experience Evaluation
Source selection decisions are often a point of contention for federal government contractors, and rightfully so. Contractors spend large amounts of time and resources putting together a bid in a competition that likely doesn’t have room to make an award to each bidder. This usually results in one or more awardees, as well as one or more disappointed bidders. Naturally, those disappointed bidders often question whether the agency’s source selection decision, and its method for getting there, was appropriate. Unfortunately, the only way of truly discerning whether that decision was correct is to spend more time and resources protesting the decision. With a 51% effectiveness rate in 2022 (counting sustains and corrective actions), according to GAO’s annual bid protest report, it can be difficult to determine whether to even go forward with a protest when things don’t seem to add up. But, as a recent protest demonstrates, agencies make mistakes, and in this case, the fatal flaw was failure to adequately document its decision.
Continue reading…Showing Your Work: Protest of Evaluation Sustained for Lack of Explanation by Agency
We at SmallGovCon have explored some examples of protests where an unfortunate oversight by a contractor has been the difference between winning and losing. This, of course, can be very frustrating to contractors, especially considering that federal agencies often get leeway where contractors wouldn’t. But federal agencies, too, make mistakes, and even simple ones can be enough for a successful protest. This was the case in a January 2023 decision by GAO.
Continue reading…Free Virtual Workshop: Legislative Changes that May Affect Your Small GovCon Business, February 28, 3:00-5:00PM CST
The government contracting legal landscape has gone through many important changes in 2022 and the first part of 2023, including new small business rules, SDVOSB certification requirements, recent domestic preference changes under the Buy American Act, key provisions of the 2023 National Defense Authorization Act and other laws passed in 2022, and much more. In this session, we will provide a comprehensive update on the most important government contracting legal changes in 2022, and the projected changes in the first months of 2023. This webinar is hosted by The Catalyst Center for Business & Entrepreneurship. Hope to see you there! Register here.