If you are a small business government contractor who ever utilizes subcontractors to complete federal set-aside contracts, knowing what a “similarly situated entity” is for a given contract is vital to your success. So, let’s take it back to the basics of “similarly situated entities.”
Continue readingTag Archives: 8(a) set-asides
A Bridge (Not) Too Far: Prohibition on Dividing up Contracts to get Under 8(a) Sole Source Dollar Limit Doesn’t Apply to Bridge Contracts
Under 13 C.F.R. § 124.506, if an 8(a) contract price would exceed a certain threshold ($7 million for manufacturing contracts, $4.5 million for others), in most cases, the agency must compete the set-aside. 13 C.F.R. § 124.506(a)(5) is a provision meant to close up what otherwise would be a loophole in the rules. It states that “[a] proposed 8(a) requirement with an estimated value exceeding the applicable competitive threshold amount may not be divided into several separate procurement actions for lesser amounts in order to use 8(a) sole source procedures to award to a single contractor.” But this rule does not apply in all circumstances. In particular, it does not apply to bridge contracts.
Continue readingSBA Suspends Bona Fide Place of Business Requirement for 8(a) Construction Contracts
SBA’s requirement that 8(a) participants maintain a bona fide place of business in the geographic location of any 8(a) construction contracts has been an encumbrance for many federal contractors–even prior to the global pandemic. But fortunately, SBA has recently recognized the additional challenges that COVID-19 has caused for 8(a) contractors seeking to comply with this rule. And as such, SBA has suspended this requirement in an effort to help our nation’s small disadvantaged businesses during these arduous times.
Continue reading5 Things to Know About an 8(a) Bona Fide Place of Business
Eligibility to bid for construction contracts in the 8(a) program can be a maze to navigate for small businesses. The lifeblood for these companies is identifying and becoming eligible to bid for these prized solicitations. As a new 8(a) entity, or one looking to branch out, you may be wondering how to establish a bona fide place of business.
In order to qualify for construction contracts in the 8(a) program, offerors are required to have a bona fide place of business (or BFPOB) within the established geographic area. This post will walk you through when and how to request a determination from the SBA, and when to expect a decision.
Continue readingKoprince Law LLC’s New 8(a) Program GovCon Handbook is Live!
Well folks, the wait is finally over! The Second Edition of our popular GovCon Handbook on the SBA’s 8(a) Program is live, and it’s available here. In this revised, updated, and expanded Handbook, Steven Koprince and I give you the run-down on all things 8(a) (and as always, we do so in plain English).
Whether you are considering applying to the 8(a) Program, in the midst of the application process, already years into your 8(a) Program term, or a recent graduate/non-8(a) entity hoping to team with an 8(a) company one of these days–this book is for you. It covers everything under the 8(a) sun, including:
Continue readingComing Next Week: Koprince Law LLC’s New 8(a) Program GovCon Handbook!
The 8(a) Program is tremendously powerful and can be a springboard to massive success in the government contracts marketplace. But the many (many!) rules surrounding the 8(a) Program are complex, and even savvy 8(a) contractors–not to mention first-time applicants–easily can become confused.
I am pleased to announce that next week, Koprince Law LLC will publish a Second Edition of our popular GovCon Handbook on the 8(a) Program. In this revised, updated and expanded Handbook, my colleague Nicole Pottroff and I will cover the 8(a) Program’s rules in detail, including:
Continue readingGAO: Work Must Remain Set Aside for 8(a) Participants Because Not a “New Requirement”
In a recent decision, Eminent IT, LLC, B-418570 (June 23, 2020), GAO held that the Department of State improperly removed a requirement from the SBA’s 8(a) program where the solicitation did not create a “new requirement.”
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