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SmallGovCon Week in Review: November 28-December 2, 2022

Happy Friday, Readers! December is already here and as we kick off the holiday season, it’s hard to believe that the year is wrapping up already. And speaking of “wrapping” there’s sure to be some of that in the next few weeks. My advice is to pace yourself. The holiday season often feels like we are sprinting, as we try to get it all done and to attend all the holiday festivities. Make sure you slow down enough to really enjoy friends and family. I’ve been enjoying our downtown holiday lights w

Koprince Law LLC

Koprince Law LLC

GAO Sustains Protest to Best Value Trade Off Where Agency Only Considers “Outstanding” Proposals, Without Weighing Price/Non-Price Factors

The federal government contracting solicitation, proposal, and selection processes are something that all federal government contractors should strive to know. These methods, found in FAR parts 14 and 15, respectively, can be boiled down to two methods: sealed bidding and contracting by negotiation. Contracting by negotiation can occur either through a competitive award or a sole source award. When used effectively, the parts of the FAR clue contractors into the methods that agencies use to eval

Koprince Law LLC

Koprince Law LLC

SBA Issues Final Rule on SDVOSB Certification

SBA has issued its final rule for its takeover of the Veteran-Owned Small Business (VOSB) and Service-Disabled Veteran-Owned Small Business (SDVOSB) Certification program. The rule will have an effective date of January 1, 2023. We discussed the proposed rule in our post here. Below are a few key takeaways from the final version of the rule. SBA issued the rule in line with the 2021 National Defense Authorization Act (NDAA), which transferred authority for certification of SDVOSBs and VO

Koprince Law LLC

Koprince Law LLC

Govology Webinar Event: 2022 Government Contracts Year-End Review, December 8, 2022, 1:00 pm EST

In this webinar, Govology Legal Analyst Steven Koprince and I will cover the most important legal developments for federal contractors in 2022, including new small business rules, recent domestic preference changes under the Buy American Act, key provisions of the 2023 National Defense Authorization Act, and much more. I hope you will join us. Registration Link is here. The post Govology Webinar Event: 2022 Government Contracts Year-End Review, December 8, 2022, 1:00 pm EST first appeared on S

Koprince Law LLC

Koprince Law LLC

Happy Thanksgiving from SmallGovCon!

Happy Thanksgiving! Here at SmallGovCon, we strive to provide concise, up-to-date, and actionable legal updates and analysis to people in the federal government contracting community and we want to take this opportunity to thank our blog readers. We hope that you will enjoy a few days off spending time with family and friends. We will provide our regular Week in Review next week. Enjoy that pumpkin pie! The post Happy Thanksgiving from SmallGovCon! first appeared on SmallGovCon - Government Co

Koprince Law LLC

Koprince Law LLC

Proposed FAR Regulation Turns up the Heat on Federal Contractor Greenhouse Gas Emission Reporting

In an effort to comply with Executive Orders issued by the President, and to lower greenhouse gas effects, the Department of Defense, NASA, and GSA have recently issued a proposed rule that would change the FAR to create further requirements for contractors to report and disclose greenhouse gas emissions, as well as create emission targets. This proposed rule will add various requirements to the FAR that create additional reporting for contractors based on their size. Contractors should review t

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: November 14-18, 2022

Happy Friday, Readers! We had our first snow this week which was a reminder that winter is blowing in. The birds are flocking to the bird feeders, the geese are flying overhead and there seems to be a red-tailed hawk on every farm fence hunting for food. I say it’s time to snuggle in where it’s warm and enjoy some sports on the television, this weekend. There was a lot of activity in federal government contracting this week. Here are some articles that we think might be of interest. Enjoy t

Koprince Law LLC

Koprince Law LLC

Friendly Inflation: SBA Adjusts Size Standards, Economic Disadvantage Limits, and 8(a) Sole Source Dollar Limits for Inflation

It probably doesn’t need to be said that all of us have been chafing under inflation lately, and federal contractors are certainly no exception. Rises in costs for goods and labor have exerted serious pressure on businesses and households worldwide. However, not all inflation is bad. SBA recently released a final rule taking into account the inflation of the past few years when it comes to the various receipts-based size-standards and economic disadvantage limits, as well as finally adjusting th

Koprince Law LLC

Koprince Law LLC

8(a) Program and EDWOSB: Are they Economically Disadvantaged Twins or Siblings?

Two of the Small Business Administration’s programs require the applicant to demonstrate that they are economically disadvantaged: the 8(a) Business Development Program (8(a) Program) and the Economically Disadvantaged Woman-Owned Small Business Program (EDWOSB). The 8(a) Program requires applicants to be owned and controlled by both socially and economically disadvantaged individuals per 13 C.F.R. § 124.101. Applicants of the EDWOSB program must be owned and controlled by one or more economical

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: November 7-11, 2022

On this Veteran’s Day, our firm salutes veterans. Veterans are extraordinarily modest.  They don’t ask for, or expect, a “thank you.”  But that doesn’t mean they don’t deserve one.  If you are a veteran, thank you very much for your service.  If you are not a veteran, take a moment today to thank the veterans in your life. We appreciate you and we truly thank you for your service today and every day. We’ve included some articles on federal government contracting that we found informative, t

Koprince Law LLC

Koprince Law LLC

2022 Bid Protest Report, Success Rate Up, Total Protests Down

GAO’s annual bid protest report is a fall tradition for federal contracting attorneys. It’s perhaps not quite as tasty as stuffing in my book, but always interesting. In it, GAO summarizes its slate of bid protests for the previous fiscal year, and we can glean insights from how the protest numbers have changed from prior years. Here are some key points from this year: (1) the key effectiveness metric, showing numbers of sustains and corrective actions at GAO, was up again to 51% for the 20

Who You Gonna Call? Your Contracting Officer (Part 3) 

In our line of work, we regularly litigate protests, claims, appeals, etc., against the Government. But often, procuring and contracting issues can be resolved without the need for litigation–via a little-known method we like to call “talking things out with your CO.” There are also some important things to keep in mind regarding contract performance communications. This article is the last of three articles aimed at providing helpful tips for communicating with your contracting officer. Part 1,

Week in Review: Oct. 31-Nov 4, 2022

Happy Friday, Readers and Happy November! I’m excited to be attending the APTAC Conference in Washington DC next week. It should be a great week to chat with PTAC procurement specialists from around the country. If you are attending, please stop by our table and say hello. We’ve included some articles below on the happenings in federal government contracting, this week, including updates on the GSA UEI delays and the CIO-SP4 procurement. Enjoy your weekend! 50,000 companies on hold

Event: APTAC Fall Conference November 6-9

I’m excited to be headed to the APTAC Fall Conference from November 6-9 in DC. Hope to see many folks there! This event supports PTAC professionals around the country. Procurement Technical Assistance Centers (PTACs) help small businesses succeed in public sector marketplaces by providing no-cost advising on all aspects of selling to the federal, state, and local governments. PTAC Procurement Counselors are dedicated to helping companies advance their business development, and they are grea

A Slight Deviation: DoD Implements Temporary Verification Requirement while SAM Updates

On a daily basis, the Department of Defense (DoD) issues innumerable memorandums and orders, as one might expect when dealing with one of the largest institutions in human history. Most of these have little to no impact for most government contractors. However, a recent class deviation is an exception, as it should make things easier for the many contractors that use small business joint ventures in contracting with the DoD. On October 26, 2022, the Department issued a memorandum mandati

SBA’s 7(a) and 504 Loans Proposed Rule: Affiliation Based on “Control” Soon to be a Thing of the Past

One of the things the Small Business Administration may be best known for is its small business loan programs, such as the section 7(a) and 504 Loan Programs. These programs have been a staple of the small business landscape for quite some time. Unsurprisingly though, there are multiple rules associated with them. Among these myriad rules and requirements, is the determination as to whether a loan applicant is a small business. One of the things that can affect whether a business is small is aff

Week in Review: October 24-28, 2022

Hello, Readers. We hope you had a great week and are all stocked up on candy for Halloween. Every year, during this time, our city has a Zombie Walk downtown and let me tell you, some of them are pretty scary! It’s quite a sight to see a hundred Zombies, big and small, walking around! It’s become a very fun Halloween tradition for many local families. Today’s treat is the week in review. Enjoy your weekend! Update Regarding Executive Order 14042 for Federal Contractors [SafeFedWork]

Franchise-Type Agreement Sinks SDVOSB Application

One of the key criteria for being a Service-Disabled Veteran-Owned Small Business (SDVOSB) is, as you might expect, that a service-disabled veteran control the company. Under Small Business Administration rules, an agreement similar to a franchise agreement can render an SDVOSB applicant ineligible, because the franchisor restrictions on the actions of the company are too strong. A recent case reminds us of the control imposed by these types of arrangements. The case, Holistic Serendipit

Koprince McCall Pottroff LLC’s New Joint Venture Handbook Is Now Available!

We are pleased to announce that our updated Koprince McCall Pottroff LLC GovCon Handbook, on Joint Ventures, is now available! This handbook–complete with all of the SBA’s important changes from the past couple years–was co-authored by me and Nicole Pottroff as well as firm founder Steven Koprince. It is now available through Amazon at this link. The Joint Venture Handbook is one of our most popular. Joint ventures are a great way for small businesses to partner with other companies and get

SmallGovCon Week in Review: October 17-21, 2022

Happy Friday, Readers! The fall leaves are absolutely beautiful here in Lawrence, Kansas right now. We’ve had our first freeze and the mornings have been quite chilly. As the seasons change in Kansas, our temperatures can fluctuate drastically. One day it’s 80 degrees and the next it’s 20. Those weather apps sure do come in handy to help decide which coat to wear. We hope you had a great week and are enjoying the fall beauty in your area of the world. An announcement was made from the Safer

The Anatomy of a Solicitation: How to Read the Standard Sections of a Federal Solicitation

Being familiar with the structure of a solicitation is imperative if you hope to be a successful federal government contractor. However, the solicitations that accompany competitive procurements, in the form of a “request for quote,” “invitation for bid,” or “request for proposal,” are often lengthy, making it easy for contractors that are new to federal government contracting to get lost in the legalese, and unable to pinpoint the vital information. Does that mean that parts of the solicitation

Govology Webinar Event: Communicating with Government Contracting Officials: What Can (and Should) Contractors Really Say and Do? October 20, 2022, 1:00pm EDT

When it comes to effective communication, the government and industry often get it wrong. Misconceptions and misunderstandings abound and can prove very costly for contractors. In this webinar, Nicole Pottroff and I will debunk some of the most common myths and misunderstandings held by contractors, including when and how you can communicate one-on-one with a contracting officer, who has authority to modify your contract, what to do when an unauthorized official gives you instructions, how t

Who You Gonna Call? Your Contracting Officer (Part 2) 

In our line of work, we regularly litigate protests, claims, appeals, etc., against the Government. But often, procuring and contracting issues can be resolved without the need for litigation–via a little-known method we like to call “talking things out with your CO.” There are also some important things to keep in mind regarding communications with your contracting officer during the proposal submission process. This article is the second of three articles aimed at providing helpful tips for co

SmallGovCon Week in Review: October 10-14, 2022

Happy Friday, Readers. I don’t know about you, but it feels like fall brings with it a flurry of activity! There are so many community events going on this weekend, it’s hard to decide what to attend. We’re certainly very fortunate to have so many options. I hope you can get out and enjoy the fall activities in your neck of the woods and get in a bit of relaxation, as well. Here are some articles that we found particularly informative concerning federal government contracting this week, includin

Pay it Forward, or Pay the Price, Says SBA in Proposed Rules for 8(a) Tribal Entities

In a recent notice for Tribal consultation and request for comments, as well as a published proposed rule, the SBA seems to be signaling an increase in oversight of Native or Tribally-owned entities who are 8(a) Participants. SBA has an apparent goal of enforcing more stringent repercussions for not fully adhering to some stipulations that exclusively pertain to Native or Tribally-Owned participants in the 8(a) Business Development Program. While not final yet, the SBA has placed these potentia
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