The small business rule of two requires agencies to restrict procurements for small businesses when there is a “a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery.” FAR 19.502-2. Agencies often use market research to assess whether the small business rule of two is met. But what happens when an agency amends its solicitation terms after conducting market research? Can the new terms render the agency’s market research, and therefore its set-aside decision, unreasonable? In a recent decision, GAO concluded that yes, market research may be insufficient to establish a set-aside if an agency amends the solicitation’s terms.
Continue reading…Conference Announcement: ICBS Show, Oklahoma City, October 7-9, 2024
The Indian Country Business Summit (ICBS) is hosting its annual “Diversity in Government Contracting” ICBSSHOW in Oklahoma City this month. And our very own Gregory Weber will be attending and presenting on federal contracting legal updates. Legal updates is always a great presentation. So, please stop by our table to say hello or if any questions come up after the presentation.
The ICBSSHOW offers informational sessions featuring experts in government procurement, connection and networking opportunities, and a day of matchmaking to introduce you and your business to government decision makers. It also provides invaluable access to government agency buyers and policy leaders, prime contractors, and tribal procurement representatives looking to expand their vendor pools. If you are attending, please stop by our table and say hello.
Annie Birney Joins Koprince McCall Pottroff LLC as Associate Attorney and SmallGovCon Contributor!
We are excited to announce that Annie Birney has joined the firm and will also be a regular SmallGovCon contributor! She is a recent graduate of the University of Kansas School of Law. You can read her full biography here. And check out Annie’s first post here, discussing the small business rule of two.
Annie was very accomplished during her law school days, including plenty of practical experience. This included assisting with tax preparation services for the Volunteer Income Tax Assistance program. Additionally, Annie participated in the Elder Law Field Placement Program where she assisted with document preparation for estate planning. Prior to law school, Annie attended the University of Arkansas in Fayetteville, Arkansas, where she received her B.A. in Journalism.
In her spare time, Annie can be found spending time with her family, friends and her dog, Sir Bruiser and is an avid fan of the KU Jayhawks, especially during basketball season. We are excited to have Annie join our team here at SmallGovCon and Koprince McCall Pottroff LLC!
SmallGovCon Week in Review: September 23-27, 2024
Happy Friday and happy fall! We hope you had a productive week and are looking forward to the weekend. The federal government contractors have been quite busy wrapping things up at the end of this fiscal year and preparing for a new one to begin. We hope everything is “falling” into place. Have a great weekend!
This week in federal government contracting news looked at a new CR, cloud procurement requirements, and another push towards category management.
Continue reading…SBA Proposed Rule: New Size and Status Recertification Standard
In a proposed rule in August of 2024, SBA has unveiled a brand new regulation related specifically to recertification of size and status. A frequent question of federal contractors is whether they can continue to be small, or maintain a specific socio-economic status (i.e., WOSB, SDVOSB etc.) after a change in ownership or business structure. The SBA’s size and status recertification standards are currently found in multiple places: the size determination timing regulations, each socio-economic status regulation, and of course in case law. But this would presumably create a one stop shop for size recertification questions, while also changing some of the long relied-upon standards.
Continue reading…Predictions: Upcoming Rules on Conflicts of Interest
Back in 2023, we wrote about Congress’s late-2022 mandate to update and clarify various rules surrounding organizational conflicts of interest (or OCIs). At that time, Congress, in a short piece of legislation, asked that OCI rules be updated to address a number of areas. In this post, I’ll provide some predictions about how the OCI rules will be updated, as we wait for the new proposed rule to come out. In addition, I’m discussing this topic at the Judicial Conference for the U.S. Court of Federal Claims. Once the proposed rule is released, SmallGovCon will also do a run-through of those changes.
Continue reading…OHA Reminder: Don’t ignore Program Examination Questions from SBA . . . or Else
Most of SBA’s socioeconomic programs (woman-owned small business, veteran-owned small business, HUBZone) have a requirement for the contractor to go through a recertification process, or program examination, every three years. 8(a) Participants have an annual review process, so they are reviewed even more frequently. But between these routine program recertifications, there is a possibility that the SBA will choose to perform an additional program examination to “verify the accuracy” of certification. And, as one SDVOSB firm found out, failing to cooperate with these interim program examinations can lead to decertification—a fate that no small business wants to risk.
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