While many industries have existed since time immemorial, new industries are created and old industries fade all the time. A mere twenty-five years ago, there was no such thing as social media and video rental stores were all the rage. Now the former is a multi-billion-dollar industry, and the latter is basically extinct. In recognition of the changes that we experience over time, the U.S. Office of Management and Budget routinely revises the North American Industry Classification Systems (NAICS), which the SBA in turn incorporates as the new applicable NAICS codes. More importantly for contractors, this includes a change in size standards for businesses. In early July 2022, the SBA proposed a rule doing just that which would apply effective October 1, 2022, which we will explore in this post.
Continue reading…OHA Remands Size Determination Because Area Office Failed to Provide Due Process to Protested Concern
SBA’s Office of Hearing and Appeals (OHA) recently said that the SBA Area Office should have informed the protested concern of the issues its adverse size determination focused on before ruling against the concern’s size eligibility on that basis. In addition to its lesson on due process, OHA also took this opportunity to distinguish totality of the circumstances affiliation (the basis on which the Area Office found affiliation here) from ostensible subcontractor affiliation (the basis for affiliation alleged in the size protest). OHA vacated and remanded the Area Office’s decision.
Continue reading…SmallGovCon Week In Review: July 4-8, 2022
Happy Friday, Readers! We hope you had a nice, long 4th of July weekend and we’d also like to show our appreciation for our veterans and active duty military personnel. Thank you for your service.
This week in federal government contracting news there were announcements from a key cyber agency set to get procurement authority this month as well as an announcement from the Federal Register concerning bid guarantees, performance and payment bonds, and alternative payment protection.
Have a great weekend!
Continue reading…Breaking: SBA Issues Veteran-Owned Certification Rules, Will Eliminate SDVOSB Self-Certification
The SBA has issued its draft rules on how it will go about certifying Veteran-Owned Small Businesses (VOSBs) and Service-Disabled, Veteran-Owned Small Businesses (SDVOSBs). Below, we highlight some of the main components of these rules. The changes stem from Congress’s requirement in the 2021 NDAA to to eliminate SDVOSB self-certification and adopt a government-wide SDVOSB certification requirement, while transferring control of the certification process from the VA to the SBA. For the most part, SBA has taken a simple approach, combining its existing rules on eligibility with much of the application procedures from VA. But the details do matter, and below we’ll walk through some of them.
Continue reading…SmallGovCon Week in Review: June 27- July 1, 2022
Happy Fourth of July, Readers! We hope you have a fun and relaxing holiday weekend planned. Here are 3 fun facts about Independence Day:
- The Declaration of Independence Was Written on a Laptop. Not a modern laptop, but still. Thomas Jefferson drafted the Declaration of Independence on a writing desk that could fit over one’s lap. This device was referred to at the time as a “laptop.”
- There is Something Written on the Back of the Declaration of Independence. According to the History Channel, a simple message is written upside-down across the bottom of the signed document that reads, “Original Declaration of Independence dated 4th July 1776.”
- The Designer of the 50-Star Flag Lived in Lancaster, Ohio. In 1958, a history teacher asked students to redesign the national flag as both Alaska and Hawaii neared statehood. Robert G. Heft, who was 16 at the time, designed a new flag using the old 48-star flag and spent $2.87 on materials. His design earned him a B-minus to which he challenged by sending it to Washington D.C. to be considered by President Dwight D. Eisenhower.
While you are enjoying the weekend, we have provided a few noteworthy articles pertaining to federal government contracting for your reading consideration, including Polaris timing update, category management struggles for small businesses, and predictions for the 2023 NDAA. Enjoy your 4th!
Continue reading…Small Business Committee Raises Concerns to SBA About Certification Speed, Category Management
Last week, the U.S. House of Representatives Small Business Committee held a hearing to discuss how the SBA will meet Small Business Contracting goals, and specifically how the SBA can meet its goals related to socioeconomic programs. The committee challenged the Office of Government Contracting & Business Development to show how they will help grow participation in SBA’s small business development programs, and small business participation in federal contracting as a whole. The Small Business Committee raised questions related to inflation, increasing socio-economic program participation, and SBA technology updates.
Continue reading…Back to Basics: Pre-Award Bid Protests
Many bid protests we handle at Koprince McCall Pottroff are filed after the contract has been awarded to an offeror. However, sometimes there are issues that are apparent in the solicitation that require clarification or correction prior to the bidding or proposal deadline. In these situations, potential offerors can file a pre-award protest that challenges solicitation terms, but, as with most GAO matters, there are strict deadlines that must be adhered to if the protestor wants to avoid her protest being dismissed. While pre-award protest is the common term, remember that a challenge to a solicitation’s terms is due before the proposal deadline.
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