Happy Friday! We hope you have had a productive week. We are having a heat wave here in Kansas, with the heat index getting up to 106 degrees, and we know it’s even higher in other parts of the country. I think I speak for everyone here when I say we are grateful for air conditioning. We hope you are staying cool and healthy in your neck of the woods and looking forward to the weekend.
This week in federal government contracting news saw movement on the 2024 NDAA as well as calls for enhanced security on federal cyber projects.
For large and small contractors alike, teaming agreements, joint venture agreements, and subcontracts can be essential to winning and successfully performing federal government contracts. In this three-part series, government contracts attorneys Nicole Pottroff and John Holtz will explain how to develop, negotiate and administer agreements that are both compliant and effective. The presentations will cover both the key rules (such as flow-downs and ostensible subcontractor affiliation) and best practices for agreements that go beyond the bare minimum legal requirements. Hope you will join us! Register here.
While every federal government contractor is likely familiar with bid protests, whether directly involved in one or not, it is far less likely that those same contractors are as familiar with NAICS code appeals. This is probably due to the infrequent nature of NAICS code appeals, with roughly 20 being filed each year. However, even if so few are filed annually, they tend to have a relatively high success rate, with appeals decided on the merits being decided in favor of the Appellant about 50% of the time. Below, I will take a look at a recent NAICS code appeal to help demonstrate what the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) takes into account when reviewing NAICS code appeals, and why you, as a contractor, should review a solicitation’s classification to potentially give you a leg up.
Koprince McCall Pottroff LLC is a premier small business and federal government contracts firm in Lawrence, Kansas. The management team is pleased to announce that Gregory Weber has been promoted to the role of Senior Associate Attorney.
Greg quickly integrated himself into the fabric of our firm, and working with federal contractors has become second nature to him. In response to the announcement, Greg said, “I am thrilled to be given this opportunity to further help our clients and work within the federal contracting community. Koprince McCall Pottroff has a great tradition of excellence and I am proud to be a part of it.”
Greg draws on his experience working for a number of large organizations. In those roles, he became adept at communicating complicated legal and regulatory concepts to clients. This skill translated nicely into the federal contracting world. Greg is hardworking to a fault and always puts providing client value and outstanding client communications at the top of his list. He is equally skilled at litigation (including at SBA, ODRA, and the Court of Federal Claims) and transactional matters (including small business, socioeconomic certifications, and teaming relationships).
Greg is a great attorney and advocate for the federal contractors that our firm serves. The promotion is well deserved!
A common path for many federal contractors to bid on and perform a federal contract is through a joint venture (“JV”). Utilizing a JV can provide some great opportunities for two (or sometimes more) businesses to share resources and boost each others’ performance on a contract. Additionally, it can be a great tool for contractors to utilize both JV partners’ experience and to jointly gain more experience. There are even widespread SBA regulations requiring agencies to “consider” both JV partners’ experience in an evaluation. However, there has still been quite a bit of back and forth regarding how agencies are supposed to evaluate a JV’s experience, and specifically what it means to “consider” each JV partners’ individual experience, particularly in situations where only one JV partner submits the experience. In May of 2023, GAO issued a decision that provided at least some clarification on how an agency should consider each JV partner’s experience, and the impact of not doing so.
I’m very excited to be speaking at the Procurement & Contracting Symposium held at EPCC Administrative Services Center (ASC) in El Paso, Texas on July 25. The wonderful Pablo Armendariz is putting this one together. I’ll be providing a comprehensive update on the most important government contracting legal changes.
It’s going to be a great opportunity for Federal, state, and local government agencies, buyers, prime and subcontractors, suppliers, providers, and the regional business community to meet and participate in informative training sessions as well as receive government contracting guidance, updates, and upcoming forecasts. I hope to see you there! Here is the event link, for additional information.
Happy Friday and happy Summer Solstice! It’s officially summer and the temperatures here in Lawrence, Kansas sure feel like it. We have been in the 90’s this week and we are certainly grateful for air conditioning (and maybe even looking forward to winter). We hope our readers have some fun summer vacation plans and find time to rest and relax a bit this weekend. Wear your sunscreen and stay hydrated!
In federal government news this week, budget talks and the draft NDAA are being worked on, while agencies focus on cybercrime and customer experience, among other things.
