SBA’s Paycheck Protection Program: Affiliation Still Matters

Posted on March 10, 2022 by SmallGovCon Contributor

The SBA’s Paycheck Protection Program went into effect March 27, 2020. At that time many business owners faced confusion in trying to navigate the affiliation rules to determine their company’s eligibility for the program. Fast forward nearly two years and many businesses that received Paycheck Protection Loans have submitted applications for forgiveness of those loans. Some of those businesses are now having to consider potential affiliation issues that they may have initially overlooked in response to inquiries from SBA in its review of their loan forgiveness application.

We thought this would be a good time to revisit the basics of SBA’s affiliation rules for the Paycheck Protection Program.

Happy International Women’s Day From All of Us at SmallGovCon!

Posted on March 8, 2022 by Nicole Pottroff

We at SmallGovCon just wanted to take a minute to wish all the amazing women out there a Happy International Women’s Day! And we would like to send an extra-special shout-out to all of our WOSBs and EDWOSBs while we are at it! It’s been a big year for you all with SBA’s implementation of its new WOSB/EDWOSB certification program.

Here’s to commemorating women’s history of achievement and celebrating the bright future to come!

Questions about SBA’s new WOSB/EDWOSB certification program or WOSB/EDWOSB eligibility? Or need help with a WOSB/EDWOSB contracting legal issue? Email us or give us a call at 785-200-8919.

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SBA Proposes to Eliminate Some Nonmanufacturer Rule Class Waivers

Posted on March 8, 2022 by Nicole Pottroff

SBA is currently considering terminating some class waivers for its small business Nonmanufacturer Rule, as it has received information to established the existence of small business manufacturers of
the subject products.

SmallGovCon Week in Review: February 28- March 4, 2022

Posted on March 4, 2022 by Shane McCall

Hello, Readers. As we move into spring, we at SmallGovCon have been observing the optimism of nature as winter releases its grip. Small green plant shoots are pushing their way up towards the sunshine and the trees are preparing to bud as our temperatures warm up. The birds are getting involved as well. There’s no doubt that they are enjoying the warmer weather and looking forward to spring, too. Hope you are able to observe equally inspiring things in your neck of the woods.

As usual there was a lot of news in federal government contracting, this week including articles on the future of federal government contracting, cybersecurity bills, and news on GSA multiple award contracts. Have a great weekend!

Control Matters: For SDVOSB Companies, Pay Attention to Appearances as Well as Realities

Posted on March 2, 2022 by Stephanie Ellis

The case of Superior Optical Labs, Inc. (Superior) v. United States focuses on the control of a Service-Disabled Veteran Owned Small Business (SDVOSB) and how that control, or more precisely, lack of control, can disqualify an SDVOSB with 69% service-disabled veteran ownership from a solicitation set aside for SDVOSBs. This particular Solicitation was set aside entirely for an SDVOSB to provide prescription eyeglasses and related services through the Veterans Integrated Services Network (VISN). Superior was awarded the contract, which was then protested by PDS Consultants, Inc. (PDS) challenged the SDVOSB eligibility of Superior. In the end, OHA held that Superior did not qualify as a SDVOSB for purposes of the procurement due to a lack of control as required by SBA rules. PDS then challenged OHA’s decision at the Court of Federal Claims.

Transformers: Offerors in Disguise – GAO Sustains Protest Regarding Evaluation Based on Separate Offers from the same Offeror

Posted on March 1, 2022 by John Holtz

Without wanting to make the audience feel too old, I was not yet born when Transformers was a pop culture phenomenon. Still, it’s a simple but fun concept: robots that transform to and from cool vehicles. Regardless of what form they take, they are still the same character.

The same cannot be said of government contractors submitting an initial bid for the first phase of a solicitation as a prime contractor and a bid as a member of a contractor teaming agreement (CTA) for the second phase of said solicitation. While the same company is involved, the bids are treated as being from different entities. Such was the case in the GAO matter of Softrams, LLC, B-419927.4 (Feb. 7, 2022).

SmallGovCon Week in Review, February 21-25, 2022

Posted on February 25, 2022 by Shane McCall

Happy Friday, Readers. There were several announcements this week such as President Biden signing into law the Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions (PRICE) Act of 2021, expanding the opportunities for small businesses to work with the Federal government. And several associations that represent federal contractors are highlighting operational and workforce challenges associated with continuing resolutions.

You can read more about those topics as well as articles highlighting federal contracting opportunities and additional news below. Have a great weekend.