Small business federal contractors may soon want to think about getting new luggage. The FAR will be updated to allow for–but not require–small business set-asides in overseas procurements. This has the potential to open up a substantial number of contracting opportunities to small businesses who have the capabilities to compete. The final rule will be effective May 26, 2022. Here are some of the key details to know about.
Continue reading…SmallGovCon Week in Review: April 25-29, 2022
Happy Friday, Readers! It’s time for another addition of the Week in Review. This week saw a lot of interesting updates, including lots of programs for small business owners, a little news on CMMC, and some new initiatives to help contractors navigate the federal marketplace.
Catch up on all the latest, and enjoy the weekend!
Continue reading…Top of the Class: 8(a) Early Graduation
The SBA’s 8(a) Business Development Program is the crème de la crème of federal government contracting and there is a high bar to entry for admission. Among other things, individuals that are not a member of one of the recognized groups that is automatically presumed to be socially disadvantaged must prove they were socially disadvantaged throughout their life through what is called a social disadvantage narrative. Beyond that, there are a number of other qualifications, such as being economically disadvantaged, a business’s potential for success, and evidence of good character that must also be met. 13 C.F.R. § 124.101. The process is difficult, and once an individual is admitted, they no doubt want to make the most of it.
Oftentimes, small businesses that participate in the 8(a) SBA’s Business Development Program remain in the Program for the full 9 years that the SBA allows, which culminates in the small business “graduating” from the program. 13 C.F.R. § 124.302. Sometimes, the business grows so successfully that it no longer meets the qualifications of being small, and thus is required to graduate early from the 8(a) Program. So how exactly does that happen? Read on to find out.
Continue reading…Back to Basics: Size Protests and Appeals
When a business is poised to win a federal contract award set aside for small businesses, there is always the potential for a competitor to challenge that award on the basis that the proposed winner is not actually a small business based on SBA’s size and affiliation rules. Or, if your company just lost an award, you may consider challenging that the proposed winner is a small business. Either way, it pays to know the basics behind size protests and appeals. While you could read through my recent handbook on Procedures and Pitfalls of Size Protests and Appeals (it’s a good read!), here are some key things to keep in mind when considering size protests and appeals.
Continue reading…SmallGovCon Week in Review, April 18-22, 2022
Happy Friday, Readers! I hope you had a very productive week. It’s hard to believe that we are almost through the month of April already and It won’t be long before the kids are out of school. Parents get ready!!!
The world of federal government contracting just seems to get busier and busier. This week there were several articles on the Pentagon’s budget increasing for AI capabilities and the implementation of Buy American Preference for infrastructure. We’ve also included a few cautionary tales on why it’s a terrible idea for contractors, or anyone else, to try to defraud the federal government. Enjoy and have a great weekend!
Continue reading…The DFARS Approach to Data Rights
We have discussed data rights in the general federal government context, now it is finally time to look at the DFARS’ approach to this area of intellectual property. One thing: The DFARS (Defense Acquisition Regulation Systems) does not replace the FAR. It is a supplement, not a completely different set of rules. That said, there are certain nuances that the contractor needs to be aware of in order to navigate the DoD’s requirements.
Continue reading…Back to Basics: The Nonmanufacturer Rule
To qualify as a small business under most set-aside or sole-source contracts seeking manufactured products or supplies, SBA’s regulations require an offeror to be the item’s manufacturer or, alternatively, comply with the nonmanufacturer rule.
In this post, we’ll discuss qualifying under the nonmanufacturer rule.
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