We at SmallGovCon are excited to announce this first in a new line of blogs we call Why File. Our firm handles a wide variety of federal procurement and contract litigation matters–from SBA size and status protests to contract claims and appeals, and everything in between. One of the most common and important questions we get in that regard is, should I file? Of course, we can only directly answer that question for our current clients after reviewing the relevant facts giving rise to the potential filing. But through our new Why File series, we will cover some of the most common facts and circumstances that lead contractors to initiate litigation. So, without further adieu, here is the first blog in the series, covering some of the most common reasons contractors file size protests.Continue reading
In late 2022, Congress passed and the President signed a law that aims to make it easier for Small Business Contractors to track down small business compliance information for the wide range of agencies involved in government contracting, that are currently housed somewhere within each specific agency’s website. In this post, SmallGovCon reviews this law, and through it, can examine with our readers where you can currently find the many resources available for small business issues at federal agencies. While these small business offices may not be able to solve all your problems as a federal contractor, a free resource is always good to have.
Editor’s Note: the website is up and running here.Continue reading
In January 2022, the rules regarding calculating small business size status for federal procurements will change dramatically. Companies operating under receipts-based size standards will be required to use their last five completed fiscal years–not three. And businesses operating under employee-based size standards will be made to use their last 24 months of payroll, instead of 12.
These changes will benefit growing businesses, allowing stay small longer by including older numbers in their averages. But the new size rules–what Congress has termed a small business “runway extension”–actually penalize some businesses, forcing them to stay large longer, and freezing these companies out of the very small business set-aside opportunities that could help reverse their declining fortunes. That can’t be what Congress intended!
Fortunately, the SBA has come up with a simple, elegant solution to the problem, and I think Congress should codify it before January.Continue reading
Generally, the small business Rule of Two requires an agency to set aside contracts for small business, assuming that there are at least two small businesses with competitive prices who will bid on the contract. But does the small business Rule of Two apply to orders under a multiple award contract? In a recent decision, GAO affirmed the answer is no–application of the small business Rule of Two for orders under a multiple-award contract is discretionary.Continue reading
We here at Koprince Law have been seeing a lot of GAO bid protests lately, but for those of you unfamiliar with the Government Accountability Office and what it means to file a bid protest, this video is for you:
For more information, or if you need assistance filing your GAO protest, learn more about how we can help here.