SmallGovCon Week in Review: August 29- September 2, 2022

Happy Labor Day weekend, Readers. Monday is a federal holiday so I’m sure everyone is looking forward to an enjoyable, long weekend and perhaps a parade. It turns out that the first Labor Day parade was in New York City on September 5, 1882 when, according to the US Department of Labor, a newspaper account of the day described “men on horseback, men wearing regalia, men with society aprons, and men with flags, musical instruments, badges, and all the other paraphernalia of a procession.”

While some of the parade marchers returned to work, most continued on to the post-parade party; even some unions that had not participated in the parade showed up to join in the post-parade festivities that included speeches, a picnic, an abundance of cigars, and “Lager beer kegs… mounted in every conceivable place.” – US Department of Labor

It sounds like a good time was had by all! Enjoy the long weekend and here are a few noteworthy happenings in federal government contracting news to peruse at your leisure.

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Federal Court Confirms Strict SDVOSB Unconditional Ownership Requirements

As we’ve discussed, the SBA will soon take the reins over from VA to run the certification process for Veteran-Owned Small Businesses (VOSBs) and Service-Disabled, Veteran-Owned Small Businesses (SDVOSBs). Self-certification for SDVOSBs will go away on December 31, 2023, so be sure to get your SDVOSB ownership and control documents up to snuff in order to stay compliant with the SDVOSB rules. One of those rules concerns unconditional ownership by the veteran. A recent federal court case sheds some additional light on that topic, as explored in this post.

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New GovCon Handbook Arriving Soon! Joint Ventures–Updated Edition

We are pleased to announce that, back by popular demand, our updated Koprince McCall Pottroff LLC GovCon Handbook, on Joint Ventures, is coming soon! This handbook–complete with all of the SBA’s important changes from the past couple years–was co-authored by me and Nicole Pottroff as well as firm founder Steven Koprince. It will be published through Amazon in the coming weeks. We’ll provide more updates soon on the publication date and how to reserve an advance copy.

The Joint Venture Handbook is one of our most requested–for good reason. Joint ventures are a powerful tool for small businesses to partner with other companies and enhance their chances of success on federal contracts. But there are a lot of SBA-required components–miss one, and your joint venture might lose out an award.

That’s why the Joint Venture Handbook provides a step-by-step, easy-to-understand method for working through the SBA joint venture process. Stay tuned to SmallGovCon and social media to be updated when the Joint Venture Handbook becomes available.

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Small Businesses in U.S. Territories Eligible for Preferential Treatment Under New SBA Rule

While it is understandable why people focus on the 50 states and the federal district (D.C.), the United States is not just those areas. In addition to the states, the United States has 14 territories. Five of these have a permanent population: Puerto Rico, the Northern Marianas Islands, Guam, American Samoa, and the U.S. Virgin Islands. Up until recently, Puerto Rico received preferential treatment for the surplus property program and under the mentor-protégé program, but the other four territories did not. However, a new final rule by the SBA is finally extending these privileges to all the permanently populated U.S. territories. In this post, we will explore just what that entails.

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SmallGovCon Week in Review: August 22-26, 2022

Happy Friday, Readers. I hope this has been a productive week for you. We have been very busy here at SmallGovCon moving into the fall season. Living in a college town always brings a sense of energy and excitement as the students return for the fall semester.

The SBA made announcements this week about a new webinar series they are launching concerning the challenges of inflation on small businesses as well as a new program addressing cybersecurity infrastructure. You can read more about that, as well as other federal government news, in the articles we have included below. Have a great weekend!

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Congress Directs SBA to Take Stab at COVID-19 Loan Fraud

President Biden signed two bills aimed at preventing fraud by participants within the Small Business Association on August 2, 2022. H.R. 7334 is titled the COVID-19 EIDL Fraud Statute of Limitations Act of 2022 (EIDL Act). H.R. 7352 is titled the PPP and Bank Fraud Enforcement Harmonization Act of 2022 (PPP Act). Both Acts establish a ten-year statute of limitations for fraud by borrowers under their respective programs. The head of the U.S. Small Business Administration, Administrator Isabella Casillas Guzman credited the Acts with a renewed ability to investigate and prosecute borrowers who committed fraud in SBA lending programs created to assist small businesses during the height of the COVID-19 pandemic.

For both programs, the main purpose is to put in place a a ten-year statute of limitations for fraud.

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Back to Basics: SBA’s Mentor-Protégé Program

One of the biggest gamechangers among Federal Contracting programs is the SBA’s Mentor Protégé Program. It provides an avenue for small businesses and large businesses to work together where they otherwise may not have been able to previously, helps federal contractors develop their companies, and can provide protection from affiliation. However, in order for businesses to take advantage of this program, the relationship between the mentor and protégé businesses must meet certain requirements. This entry in SmallGovCon’s Back to Basics series will provide a quick overview of some of the requirements and important areas for contractors to remember if they are considering participating in the SBA’s Mentor-Protégé Program.

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