The SBA’s OHA administrative judges recently sent a warning to all small business contractors that they need to keep an eye on their email inboxes no matter how late in the business day it is. In a size appeal decision, OHA found that even an unread email could derail a contractor’s plans for a size appeal, depending on when it arrived in your inbox.
As avid readers of SmallGovCon may recall, timeliness with emails is somewhat of a recurring topic in Federal Government Contracting. Wel
Inflation. A word no one likes, but it is something that is currently impacting nearly every facet of our lives. Gas prices continue to rise, grocery costs are through the roof, and everyday living expenses are taking more hard-earned money from our country’s workers than ever before. However, consumers are not the only ones feeling the effects. Costs and expenses of running a business have increased dramatically as well, and those in the federal contracting world are no exception. Questions fro
SBA has issued a final rule changing all employee size standards to a 24-month calculation. This rule is scheduled to be published in the Federal Register on June 6, 2022, and and will take effect 30 days from the date it is officially published. Let’s take a closer look.
This final rule actually implements two updates to SBA’s rules that, once effective, will change the way SBA calculates a company’s size to determine whether it qualifies as small for SBA’s various assistance programs.
Happy June, Readers! Can you believe it’s the start of summer already? This year is certainly flying by. I hope you have lots of fun summer plans with family and friends. I know that I’m looking forward to it.
We’ve included several articles that hopefully provide some good information concerning federal government contracting today. Enjoy the weekend!
Small Business Size Standards: Notification of Two Virtual Public Forums on Size Protest [FedReg] 4 Tips for Winning Government Inf
In a recent decision, GAO sustained a protest arguing that the agency had actually converted a best-value tradeoff procurement into a lowest-priced, technically acceptable competition. GAO held that the agency had not properly followed the evaluation criteria.
In the protest, AT&T Mobility LLC (AT&T) protested a RFP award under a DHS for cellular communications services and equipment. AT&T Mobility LLC, B-420494 (May 10, 2022). The solicitation established that the award wo
Memorial Day, originally known as Decoration Day started on May 30th, 1868 as a day of remembrance for Civil War veterans. According to History.com, the date was chosen because it wasn’t tied to any particular battle.
In 1968, Congress passed the Uniform Monday Holiday Act. This Act established Memorial Day as the last Monday in May in order to create a three-day weekend for federal employees. The change went into effect in 1971. The same law also declared Memorial Day a federal holiday.
In a recent post, we examined some proposed new size standards for manufacturing and other industries that utilize employee-based size standards. This probably got many of you wondering: How does the SBA determine what the size standards should be? It’s a good question, and today, we’re going to look at just that. Hopefully, this will provide some insight as to the SBA’s approach to setting size standards.
The SBA revised its size standards methodology most recently back in April 2019. T
Last week, Nicole Pottroff went through the basics of eligibility for participation in the SBA’s Women-Owned Small Business (“WOSB”) Federal Contracting Program. Today, I’ll walk you through the additional eligibility requirements for participation in SBA’s Economically Disadvantaged Women-Owned Small Business (“EDWOSB”) Program as stated in 13 C.F.R. § 127.200(a). If it has you feeling a little déjà vu, there is good reason for that. Eligibility requirements for the SBA’s WOSB and EDWOSB Progra
We invite you to tune into this informative podcast series hosted by The Smalls with discussions on federal government contracting. I just taped an episode with Nate Moser and it was a blast! In it, I discussed what we do at the firm to assist our federal government contracting clients, including things like drafting joint venture and mentor-protégé agreements. The podcast comes out in June and I hope you will give it a listen.
The Smalls is nonprofit consortium of Government Contractors,
Happy Friday, Readers! We’ve been as busy as bees this week here at SmallGovCon. We hope you have had a productive week, as well. The flowers are blooming, the crops are growing and the grass is greening up nicely here in Kansas. Here are a few articles on the happenings in federal government contracting this week. Have a great weekend!
The Federal Contract Spending Trends For The Last 5 Years [ExecGov] Class Waiver of the Nonmanufacturer Rule [SBA] Construction Company Agrees to Pay $2
As we’ve written about, it seems like there have been more changes to the Buy American Act and domestic preferences in the last few years than in decades before that. Recently, the FAR Council issued a final rule that spells out how the domestic content thresholds will increase over the next few years. This rule is effective October 25, 2022, so contractors need to be preparing for it now.
Originally passed in 1933, the Buy American Act (BAA) supports the policy of federal agencies proc
To level the playing field for women business owners, the Federal Government limits competition for certain contracts to businesses participating in SBA’s Women-Owned Small Business (“WOSB”) Federal Contracting Program. Ideally, those contracts are for specific industries where WOSBs are historically underrepresented. And in fact, the Government even has certain WOSB contracting goals to encourage such set-asides. So, its easy to see why the WOSB Program can be a great opportunity for small busi
Happy Friday blog readers! Hope you are having a nice week. Kick back and relax with the latest federal contracting updates.
This week saw some interesting federal contracting news. GAO has issued a new report on ways the federal government can potentially save billions of dollars in spending and improve efficiency of its programs. Additional stories include an article I’m quoted in from Bloomberg Law discussing U.S. agencies requests for brand name items in contract proposals. Read on for t
If you google “GAO discussions,” you will likely see a multitude of results talking about “meaningful discussions.” Source selection authorities (SSA) are given a large amount of discretion beyond that. Despite the high level of discretion SSAs have, there are still certain boundaries that they must work within. These boundaries are premised on the fairness principle that is woven throughout the FAR and other procurement rules. In particular, the process of discussions must fit within these boun
GAO recently sustained a protest to the terms of a solicitation incorporating the Randolph-Sheppard Act (RSA). The RSA is a statutorily-prescribed preference for blind individuals in the operation of vending facilities (which include cafeterias, snack bars, and automatic vending machines) on Federal property.
The protester here, the incumbent contractor and a non-RSA HUBZone concern, challenged the agency’s decision to include the RSA preference in its HUBZone set-aside solicitation for foo
The SBA’s regulations state it will examine monetary-based size standards (e.g., receipts, net income, assets) at least once every five years and determine if adjustments are needed to those standards at such time. 13 C.F.R. § 121.102. But what about employee-based size standards? In fact, the same rule applies for reviewing and adjusting those standards as a result of the Small Business Jobs Act of 2010. On April 26, 2022, the SBA published its proposed rule to change the size standards for a n
Happy Friday, Readers! The lilacs are blooming and this spring seems to be a particularly good year for them. We are enjoying their sweet scent as we stroll through the neighborhood when we get a dry day to do so. April showers are carrying over into May and we are all ready for some sunshine. Fun Fact: Kansas ranks #8 on the sunniest states list according to stacker.com. See how your state ranks here.
There was news this week on the OBM gearing up to implement the Infrastructure Investment
Small business federal contractors may soon want to think about getting new luggage. The FAR will be updated to allow for–but not require–small business set-asides in overseas procurements. This has the potential to open up a substantial number of contracting opportunities to small businesses who have the capabilities to compete. The final rule will be effective May 26, 2022. Here are some of the key details to know about.
The rule was originally proposed in 2019 and the FAR Council revi
Happy Friday, Readers! It’s time for another addition of the Week in Review. This week saw a lot of interesting updates, including lots of programs for small business owners, a little news on CMMC, and some new initiatives to help contractors navigate the federal marketplace.
Catch up on all the latest, and enjoy the weekend!
New acquisition leader at the Pentagon; TSP technology update; Making ZT work at DOL [FedScoop] Introducing BUY.GSA.GOV [GSA] SBA Administrator Guzman Launches
When a business is poised to win a federal contract award set aside for small businesses, there is always the potential for a competitor to challenge that award on the basis that the proposed winner is not actually a small business based on SBA’s size and affiliation rules. Or, if your company just lost an award, you may consider challenging that the proposed winner is a small business. Either way, it pays to know the basics behind size protests and appeals. While you could read through my recen
The SBA’s 8(a) Business Development Program is the crème de la crème of federal government contracting and there are two ways for an individual and its business to get into the program. First, individuals can gain admission to the program by being a member of one of the recognized groups individuals that is automatically presumed to be socially and economically disadvantaged. If an individual does not fall into one of the presumed socially and economically disadvantaged groups, the individual mu
We have discussed data rights in the general federal government context, now it is finally time to look at the DFARS’ approach to this area of intellectual property. One thing: The DFARS (Defense Acquisition Regulation Systems) does not replace the FAR. It is a supplement, not a completely different set of rules. That said, there are certain nuances that the contractor needs to be aware of in order to navigate the DoD’s requirements.
In General
As the DFARS is simply a supplement to
Happy Friday, Readers! I hope you had a very productive week. It’s hard to believe that we are almost through the month of April already and It won’t be long before the kids are out of school. Parents get ready!!!
The world of federal government contracting just seems to get busier and busier. This week there were several articles on the Pentagon’s budget increasing for AI capabilities and the implementation of Buy American Preference for infrastructure. We’ve also included a few cautionary
To qualify as a small business under most set-aside or sole-source contracts seeking manufactured products or supplies, SBA’s regulations require an offeror to be the item’s manufacturer or, alternatively, comply with the nonmanufacturer rule.
In this post, we’ll discuss qualifying under the nonmanufacturer rule.
1. Do I need to qualify under the nonmanufacturer rule?
That depends on the type of procurement you’re bidding on. Again, the nonmanufacturer rule comes into play for so
Hello, readers and happy Friday! The trees are starting to bloom here in the Midwest and they are beautiful but they have many of us sneezing. A small price to pay for warmer weather and a beautiful spring landscape. Am I right?
This week in the federal government landscape world saw a hearing on the federal contractor vaccine mandate, greener IT contracts, and a new GSA contracting vehicle.
Former Federal Official Sentenced To Prison For Contract Bribery Conspiracy And Tax Fraud [D
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