Shane is an Equity Partner at
and Editor of SmallGovCon. He has run the SmallGovCon blog since taking it over from Steven Koprince. He recently published the “Koprince Law LLC GovCon Handbook Volume 5: Procedures and Pitfalls of Size Protests and Appeals.”Shane is here to help businesses in their quest to navigate the thicket of federal government contracting, with a focus on those issues affecting small businesses. Shane excels in drafting both transactional and litigation documents and advising clients on FAR and SBA contracting rules, skills that come in handy in solving the riddles of government contracting.
Shane has achieved positive results for clients in numerous litigation matters including bid protests before GAO; size and status protests (including SDVOSB status) before the SBA area office; size and status appeals before SBA OHA; contract administration issues with contracting officers; and claims appeals. In the transactional world associated with federal government contracts, he has worked on mentor-protégé agreements, joint venture agreements, operating agreements, subcontracts, teaming agreements, and other documents. Shane also provides insights to contractors into important compliance matters in areas such as affiliation and size standard compliance, limitations on subcontracting, and joint venture principles.
In this endeavor, he draws on his years of work with a boutique law firm specializing in debtor-creditor issues. In that position, he advised clients on small business issues, financial matters and how to run through the gauntlet of government-sanctioned review. He has litigated numerous issues of state and federal law before federal courts, with issues ranging from real property law to interpretation of loan documentation and divorce decrees.
While at the University of Kansas School of Law, Shane served on the Kansas Law Review as the Symposium Editor and was a member of the Moot Court Council. Shane also served as judicial intern for Judge Dale L. Somers of the United States Bankruptcy Court for the District of Kansas while in law school.
Prior to law school, Shane served as a Peace Corps volunteer for two years in Jamaica and received a master’s degree and undergraduate degrees from the University of Kansas. Shane is a fan of both Lawrence, Kansas, and the University of Kansas Jayhawks sports teams. He is such a fan of Lawrence that he came back from the sunny shores and Blue Mountains of the Caribbean to live in Lawrence. He usually spends his free time with his wife and two kids and can often be found strolling downtown Lawrence, biking, camping, or playing Pokémon.
Shane can be contacted by telephone at (785) 200-8919 or by email at smccall@koprince.com.
Bar & Court Admissions
- Kansas
- Court of Federal Claims
- U.S. Court of Appeals, Federal Circuit
- Missouri (inactive)
Education
- J.D., The University of Kansas School of Law
- M.A., The University of Kansas
- B.A., The University of Kansas
Professional Associations & Memberships
- Kansas Bar Association
- Douglas County Bar Association
Speaking Engagements:
- “Private Conflicts”, Presenter, 35th Annual Judicial Conference for the Court of Federal Claims, Washington D.C. 2024.
- “JV’s and Teaming”, Co-Presenter, Texas APEX -El Paso Community College Contract Opportunities Center, 2024.
- “The SBA Mentor-Protégé Program”, Co-Presenter, Washington DC APEX – Dept. of Small & Local Business Development (DSLBD), 2024.
- “The SBA and DoD Mentor-Protege Programs”, Co-Presenter, Texas APEX -El Paso Community College Contract Opportunities Center, 2024.
- “Regulatory Updates in Government Contracting”, Co-Presenter, Texas APEX -El Paso Community College Contract Opportunities Center, 2024.
- GovCon Giants Podcast, Panelist, 2024.
- “Intro to SBA Certifications”, Co-Presenter, Catalyst Center for Business & Entrepreneurship Webinar, 2023.
- “Mastering Size Calculations for SBA Size Determinations”, Presenter, Left Brain Professionals Inc. Webinar, 2023.
- “2023 Government Contracts Year End Review”, Co-Presenter, Govology Webinar, 2023.
- “Teaming Agreements & Subcontracts”, Co-Presenter, Catalyst Center for Business & Entrepreneurship Webinar, 2023.
- “APTAC Fall Conference”, Washington D.C., Presenter & Attendee, 2023.
- “Economic Development DEI Session”, Presenter, Fourth Economy, 2023.
- “Texas APEX Accelerators San Antonio, (SABOC) 2023 Small Business Is BIG Business in Government Procurement Conference”, Presenter & Attendee, 2023.
- “Senator Ernst’s Inaugural Procurement and Innovation Conference”, U.S. Committee on Small Business & Entrepreneurship, Presenter & Attendee, 2023.”
- “Procurement & Contracting Symposium”, Texas El Paso APEX Accelerators, Attendee & Presenter, 2023.
- “SBA Mentor-Protégé Program”, Co-Presenter, Texas El Paso APEX Accelerators, 2023.
- “The SBA Mentor-Protégé Program”, Co-Presenter, Catalyst Center for Business & Entrepreneurship Webinar, 2023.
- “Legally Contented Podcast”, CoPo Strategies, Podcast Guest, 2023.
- “Still A Game Changer: The SBA Mentor-Protege Program”, Govology, Co-Presenter, 2023.
- “Joint Venture & Teaming”, Texas APEX Accelerators El Paso, Co-Presenter, 2023.
- “Mentor-Protege & Joint Ventures”, Presenter, United States Department of Veterans Affairs (VA) Office of Small & Disadvantaged Business Utilization (OSDBU) Webinar 2023.
- “New Legislative Changes That May Affect Your Small GOVCON Business”, Co-Presenter, Catalyst Center for Business & Entrepreneurship Webinar 2023.
- “Limitations on Subcontracting: A Step-by-Step Compliance Guide”, Co-Presenter, Govology Webinar 2023.
- “Buy American Act & Trade Agreements”, Texas PTAC: University of Texas at San Antonio 2023 Webinar.
- “The Do’s and Don’ts of Federal Government Contracting”, Co- Presenter, El Paso Hispanic Chamber of Commerce 2022 Webinar
- “2022 Government Contracts Year-End Review”, Co-Presenter 2022 Govology Webinar
- “Prime-Sub, Teaming Agreements and Subcontracts”, Presenter, 2022 United States Department of Veterans Affairs (VA) Office of Small & Disadvantaged Business Utilization (OSDBU) Webinar
- “The Federal Acquisition Regulation 101 (2022 Update)”, Co-Presenter, 2022 Michigan PTAC -Flint & Genesee Economic Alliance Webinar
- “Joint Venturing: Best Practices and Updates”, Co-Presenter, 2022 Catalyst Center for Business & Entrepreneurship Webinar
- “Top 21 Legal Mistakes”, Presenter, 2022 Govology Webinar
- “Still a Game Changer: The SBA Mentor-Protégé Program – 2022 Update”, Presenter, 2022 Govology Webinar
- “Indian Country Business Summit 2022-The Infrastructure Law, Where Local Opportunities Fit In”, Presenter, 2022 Oklahoma PTAC -Tribal Government Institute
- “Compliant and Effective Teaming Agreements, Joint Ventures & Subcontracts (Three-Part Series)”, Co-Presenter, 2022 Govology Webinar
- “JV’s, MPA’s & You”, Presenter, SBA 8(a) Live Training 2022
- “Prime Contracting”, Presenter, SBA 8(a) Live Training 2022
- “Joint Venture & Mentor Protege Issues”, Co-Presenter 2022 Catalyst Webinar
- “EPHCC Webinar: Top 21 Legal Mistakes in Federal Government Contracting”, Co-Presenter 2022 EPHCC
- “The Need for GovCon Accounting Advisors”, Panelist, 2021 GovCon Accounting Summit
- “Preparing for Growth”, Panelist & Speaker, Foundation Women Veterans Business Bootcamp 2021
- “Mentor Protégé”, Presenter, 2021 The Catalyst Virtual Workshop
- “Affiliations”, Presenter, 2021 The Catalyst Virtual Workshop
- “Teaming Agreements”, Panelist, Johnson County Community College, 2021 Virtual Encountering Innovation Conference
- “Past Performance in Government Contracting” , Co-Presenter, 2021 Govology Webinar
- “Understanding and Complying with the Non-Manufacturer Rule, Co-Presenter, 2021 Govology Webinar
- “Communicating with Government Contracting Officials: What Can (and Should) Contractors Really Say and Do?” Hawaii PTAC Webcast 2021
- “8(a) Training #1: What Every Government Contractor Should Know!” Panelist, 2021
- “Government Contracts Legal Update 2021.” Presenter. UTSA PTAC Training.
- “Understanding and Obtaining HUBZone Certification.” Co-Presenter. Govology Webinar, 2021
- “Education Committee: SBA and DoD MPPs”, Presenter, 2021 Skunkworks for Competitive Intelligence Innovation in Federal Contracting
- “Ethics in Government Contracting; What Contractors Need to Know”, Co-Presenter, 2021 Govology Webinar
- “Unpacking SBA’s Mentor-Protégé Consolidation.” APTAC Spring 2021 Training Conference.
- “Joining Forces for Business Success – Joint Ventures and Partnerships.” Presenter. My Business Journey (MBJ) Series, 2021
- “Communicating with Government Contracting Officials: What Can (and Should) Contractors Really Say and Do?” Co-Presenter. Govology Webinar, 2021
- “The Supreme Court’s Kingdomware SDVOSB Decision: Five Years Later”, Panelist, 2021 Govology Webinar
- “10 Things Every Small Business Should Know About Federal Contracting Law 2020” AFCEA South Florida Presentation
- “Government Contracts Legal Update 2020” The University of Texas San Antonio PTAC Webinar 2020
- “Size Protests: How to Avoid, Bring, and Defend.” 2020 Koprince Law LLC Webinar.
- “Current Issues in Government Contracting.” Congresswoman Hartzler’s Procurement Conference, Warrensburg, MO.
- “Game Changer: An Update on the SBA’s Universal Small Business Mentor-Protégé Program.” Co-Presenter. Govology Webinar.
Recent Publications
- “OHA: Show me the Management, or Fail SDVOSB Certification”, SmallGovCon 2024.
- “Predictions: Upcoming Rules on Conflicts of Interest”, SmallGovCon 2024.
- “SBA Proposed Rule: Joint Venture Past Performance”, SmallGovCon 2024.
- “News Flash: SBA Issues Proposed Rule with HUBZone and Small Business Changes”, SmallGovCon 2024.
- “SBA: Ostensible Subcontractor Affiliation Arises from Improper Limitations on Subcontracting in Proposal”, SmallGovCon 2024.
- “Apparent Conflict: Appearance of Impropriety Enough to Exclude a Contractor from Federal Contract”, SmallGovCon 2024.
- “GAO: Small Business Teaming Agreement Must Follow Solicitation Guidelines”, SmallGovCon 2024.
- “Why File: A NAICS Code Appeal”, SmallGovCon 2024.
- “OMB Issues Command to Increase Small Business Participation on MACs”, SmallGovCon 2024.
- “Year in Review: Top SmallGovCon Posts of 2023”, SmallGovCon 2024.
- “GAO: Small Task Order Protesters Can Protest Scope of Task Order”, SmallGovCon 2023.
- “SBA OIG Again Challenge SBA’s Revised Definition of a HUBZone Employee”, SmallGovCon 2023.
- “2023 Bid Protest Report, Success Rate Up, Total Protests Up a Little Bit”, SmallGovCon 2023.
- “FAR Updates: Size Protests for Orders, Rules for 8(a) Follow-On Contracts”, SmallGovCon 2023.
- “Joint Venture Agreement Fails for Lack of Detail – And Too Much Detail on Venturer Control”, SmallGovCon 2023.
- “SBA Update: Get Your Social Disadvantage Narrative Ready”, SmallGovCon 2023.
- “OHA Respond to SBA Size Determination Questions, or Risk an Adverse Inference”, SmallGovCon 2023.
- “Clearing Things Up: OHA Remands Matter for Unclear Veteran-Owned Bylaws”, SmallGovCon 2024.
- “OHA: JV Violates Two-Year Rule, Loses Award”, SmallGovCon 2023.
- “Clock Now Ticking on Federal Contractor TikTok Ban”, SmallGovCon 2023.
- “Exception to the Rule: Evaluating Price at IDIQ Versus Order Level Is a Limited Exception”, SmallGovCon 2023.
- “OHA: I11-Defined Joint Venture Agreement and State Law Requirements Means JV was Invalid”, SmallGovCon 2023.
- “SBA Clarifies Inconsistencies in 8(a) and Mentor Protege Ownership Rules”, SmallGovCon 2023.
- “On Deck for SBA Regulations in 2023: Affiliation and WOSB Rule Changes”, SmallGovCon 2023.
- “SBA Final Rule Relaxes Change of 8(a) Program Ownership, Allows Limited Populated Joint Ventures”, SmallGovCon 2023.
- “OHA: A Manufacturer Must Own or Lease Facilities to Qualify”, SmallGovCon 2023.
- “SBA Turns Spotlight on its Size and Status Protest Process”, SmallGovCon 2023.
- “Back to Basics: Registering in SAM.gov”, SmallGovCon 2023.
- “New OCI Law Focuses on Private Sector Contracts, More Examples, More Procedures”, SmallGovCon 2023.
- “2022 Bid Protest Report, Success Rate Up, Total Protests Down”, SmallGovCon 2022.
- “SBA Issues Final Rule on SDVOSB Certification”, SmallGovCon 2022.
- “SBA Proposed Rule Relaxes Change of 8(a) Program Ownership, Allows Limited Populated Joint Ventures”, SmallGovCon 2022.
- “SBA Final Rule Eases Use of Small Business Joint Venture and Subcontractor Past Performance”, SmallGovCon 2022.
- “GAO Sustains Protest for Converting Best-Value Evaluation into LPTA”, SmallGovCon 2022.
- “Buy American Act Thresholds Are Going Up”, SmallGovCon 2022.
- “Polaris: GSA Releases Solicitations, New Q & A”, SmallGovCon 2022.
- “SBA Issues Final Rule Increasing Some Size Standards”, SmallGovCon 2022.
- “SBA Confirms That Size Status Relates Back to Time of Offer, Even After Sale of Small Business”, SmallGovCon 2022.
- “GAO Sustains Protest Where Agency Fails to Properly Justify “Brand Name Only” Requirement.” SmallGovCon, 2022.
- “GAO Affirms SBA Rule: Only Joint Venture Members, not the JV, Need Facility Clearance.” SmallGovCon, 2021.
- “Five Things You Should Know: NAICS Code Appeals.” SmallGovCon, 2021.
- “FAR Update: Good Faith in Small Business Subcontracting.” SmallGovCon, 2021.
- “Five Things You Should Know: GAO Bid Protest Interventions.” SmallGovCon, 2021.
- “New HUBZone Program Guidance Sheds Light on Principal Office Long-Term Investment Rules.” SmallGovCon, 2021.
- “COFC Examines Small Business Size Recertification After Merger or Sale.” SmallGovCon, 2021.
- “Five Things You Should Know: Responding to Size Protests.” SmallGovCon, 2021.
- “Are You a Small Business Being Acquired by a Large Business? Check Your Pending Bids.” SmallGovCon, 2021.
- “OHA to Area Office: Prime-Subcontractor Teams are Different than Joint Ventures for Size Purposes.” SmallGovCon, 2021.
- “Koprince Law Discusses Teaming for Federal Contractors on Contracting Officer Podcast.” SmallGovCon, 2021.
- “SBA Answers Questions on 8(a) Program Extension.” SmallGovCon, 2021.
- “GAO: Small Business Rule of Two Doesn’t Require Set-Aside for Task Order.” SmallGovCon, 2021.
- “SBA Eases Lifetime Limit on Mentors.” SmallGovCon, 2020.
- “SBA Confirms Mentor can Own 40% of Protégé and Get 60% of Joint Venture Workshare.” SmallGovCon, 2020.
- “SBA Rule Tamps Down Joint Venture Unequivocal Control Requirement.” SmallGovCon, 2020.
- “SBA Requires Consideration of Some Subcontractors’ Capabilities, Experience & Past Performance.” SmallGovCon, 2020.
- “Alert: SBA Issues Final Rule on Consolidation of Mentor-Protégé Programs and Other Contracting Rules.” SmallGovCon, 2020.
- “In VA Tiered Evaluation, Small Business Couldn’t Protest SDVOSB Discussions.” SmallGovCon, 2020.
- “SBA Issues 2019 Small Business Scorecard, Small Business Contracting Over $130 Billion!” SmallGovCon, 2020.
- “Strings Attached? Don’t Put Conditions on SDVOSB Ownership, Cautions OHA.” SmallGovCon, 2020.
- “OHA: Second Job Leads to 8(a) Program Termination.” SmallGovCon, 2020.
- “Newsflash: 8(a) Income and Net Worth Eligibility Standards Increased.” SmallGovCon, 2020.
- “FAR Final Rule: Increased Micro-Purchase and Simplified Acquisition Thresholds.” SmallGovCon, 2020.
- Procedures and Pitfalls of Size Protests and Appeals: Koprince Law LLC GovCon Handbook Volume 5. Amazon, 2020.
- “DOD: Sole-Source Contracts up to $100 Million Don’t Need Justification.” SmallGovCon, 2020.
Representative Matters
- Successfully protested evaluation of award at GAO based on failure to properly analyze subcontractor and prime contractor responsibility for past performance and evaluation of contractor qualifications issues.
- Enforced SDVOSB rule-of two for VA procurements via GAO bid protests and letters to contracting officers.
- Defended against bid protest in connection with EPA software services procurement.
- Garnered a corrective action after protesting that an agency must refer matters regarding small-business contractor responsibility to the SBA for a certificate of competency.
- Successfully argued that an agency must maintain its follow-on or renewable procurements under set-aside programs under the “Once 8(a) Always 8(a) Rule”; the agency took corrective action.
- Successfully responded to SBA area office size protests alleging identity of interest affiliation under familial connections and ostensible subcontractor theory.
- Successfully challenged size of awardee under nonmanufacturer rule.
- Defended against SBA OHA CVE protests of SDVOSB status.
- Defended OHA Appeals, including analysis of issues such as ostensible subcontractor affiliation under the primary and vital and unusually reliant tests.
- Drafted joint venture agreements to assist small business concerns in qualifying for certain set-aside contracts for which they cannot qualify on their own.
- Revised LLC operating agreements to ensure compliance with control, negative control unanimity requirements, and affiliation issues under SBA regulations.
- Reviewed reseller agreements to ensure compliance with applicable limitations on subcontracting and the nonmanufacturer rule.
- Reviewed ownership interest purchase agreements to address issues of potential affiliation between buyer and seller.
- Prepared memoranda to advise clients in the following set-aside areas: SDVOSB, 8(a), HUBZone, cost principles, limitation on subcontracting, and affiliation.
- Assisted in review of All-Small Mentor Protégé Agreements to better meet SBA’s goals in light of mentor and protégé assistance and needs.
- Achieved corrective action in agency protest based on failure to evaluate compliance with limitations on subcontracting.
- Prepared analysis of HUBZone clear line of fracture rules for whether to count affiliate employees.
- Analyzed retroactive nature of HUBZone rules covering employees who move out of HUBZones.
- Assisted client in analyzing 8(a) Program certification in light of connection with past program participant.