Hello, Readers. As we move into spring, we at SmallGovCon have been observing the optimism of nature as winter releases its grip. Small green plant shoots are pushing their way up towards the sunshine and the trees are preparing to bud as our temperatures warm up. The birds are getting involved as well. There’s no doubt that they are enjoying the warmer weather and looking forward to spring, too. Hope you are able to observe equally inspiring things in your neck of the woods.
As usual there
The case of Superior Optical Labs, Inc. (Superior) v. United States focuses on the control of a Service-Disabled Veteran Owned Small Business (SDVOSB) and how that control, or more precisely, lack of control, can disqualify an SDVOSB with 69% service-disabled veteran ownership from a solicitation set aside for SDVOSBs. This particular Solicitation was set aside entirely for an SDVOSB to provide prescription eyeglasses and related services through the Veterans Integrated Services Network (VISN).
Without wanting to make the audience feel too old, I was not yet born when Transformers was a pop culture phenomenon. Still, it’s a simple but fun concept: robots that transform to and from cool vehicles. Regardless of what form they take, they are still the same character.
The same cannot be said of government contractors submitting an initial bid for the first phase of a solicitation as a prime contractor and a bid as a member of a contractor teaming agreement (CTA) for the second phase of
Happy Friday, Readers. There were several announcements this week such as President Biden signing into law the Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions (PRICE) Act of 2021, expanding the opportunities for small businesses to work with the Federal government. And several associations that represent federal contractors are highlighting operational and workforce challenges associated with continuing resolutions.
You can read more about those t
Last week, the SBA’s Office of Inspector General (OIG) issued a report, entitled “SBA’s Business Development Assistance to 8(a) Program Participants.” The report detailed the OIG’s recent audit of the SBA’s 8(a) Business Development Program to “determine to what extent SBA measures and monitors an 8(a) firm’s progress toward achieving individual business development goals” and “to ensure 8(a) firms receive the help needed to meet their goals and if the program adapted during the Coronavirus Dise
The House recently passed Senate Bill 583, titled the “Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions (PRICE) Act.” The Price Act would require the Department of Homeland Security (DHS) to report projects from its Procurement Innovation Lab (PIL) that have used innovative techniques to help modernize contracting procedures. The bill would also require the DHS to offer training to its personnel on how to use these techniques. In addition, the PRICE Ac
Happy Friday, Readers! We hope you had a wonderful Valentine’s Day and a very productive week. Another winter storm blew in on Thursday and we received 7 inches of snow. But do you know what we say in Kansas? “If you don’t like the weather, wait a minute. ” By Monday we will reach a temperature of almost 70 degrees! The weather in Kansas can change on a dime.
We put together some informative articles on federal government contracting news. Enjoy and stay warm or cool or anywhere in between
SBA publishes its semiannual Regulatory Agenda to provide an update on the various rules it has in the pipeline and an estimate for when they will be published or become final. While SBA doesn’t have to meet these timeframes, it’s always good to check in on what SBA has been working on when the final rules will come out. This agenda includes an update on increased size standards, along with some other important rules. Read on for the highlights and be sure to comment on any rules that you have a
Koprince McCall Pottroff LLC presents a webinar hosted by EPHCC that covers important legal concepts in federal government contracting that are easy to get wrong.
Federal contracting rules and laws are complicated, and the rules aren’t always intuitive. Many contractors make legal mistakes routinely, involving everything from completing SAM profiles to calculating small business size to communicating with government contracting officers. The attorneys from Koprince McCall Pottroff will disc
Hello Readers! In this webinar hosted by the Ohio PTAC, attorneys Nicole Pottroff and John Holtz will be pointing out and helping you avoid common legal mistakes in federal government contracting. Join us this Thursday (February 17) by registering here.
The post Webinar Event: Ohio PTAC – Top 10 Legal Misconceptions in Federal Contracting and Pending Legal Changes first appeared on SmallGovCon - Government Contracts Law Blog.View the full article
GAO recently sustained a protest to the evaluation of an awardee’s management approach based on a material misrepresentation in its proposed key personnel experience (that the protester found on Linkedin, no less). And GAO found the misrepresentation was material because the agency relied upon it, and it significantly impacted the agency’s evaluation. Let’s take a closer look.
Insight Tech. Sols., Inc., B-420133.2 (Dec. 20, 2021) involves a task order issued by the Department of Homelan
Happy Friday, Blog Readers! We are sad that our Kansas City Chiefs will not be playing in the Super Bowl, this Sunday, but nevertheless it should be a competitive game and fun to watch. If you are heading out to that Super Bowl Party or just staying in this weekend, we thought we would share a delicious dip recipe from one of our SmallGovCon team members to enjoy during the big game.
9 Layer Italian Dip
1lb. Italian Sausage (browned & drained) (2) Bricks of Cream Cheese (1) Packa
Hello Readers! If you work with the Air Force, you might find it helpful to get an overview of the supplement FAR provisions that the Air Force applies to its procurements. Attorneys Nicole Pottroff and Kevin Wickliffe break down the AFFARS for you in this complimentary webinar. Join us next Wednesday (February 16) by registering here.
The post Webinar Event: FAR Supplement – AFFARS – Air Force first appeared on SmallGovCon - Government Contracts Law Blog.View the full article
In response to an Executive Order, the FAR Council has recently proposed to amend the FAR in an effort to ensure that major federal procurements will minimize the risk of climate change. And DoD, GSA, and NASA sought the public’s input on the issue. Let’s take a closer look.
The FAR Council issued an advance Notice of Proposed Rulemaking on October 15, 2021, which covers the second case (FAR Case No. 2021-016, Minimizing the Risk of Climate Change in Federal Acquisitions) the FAR Counci
Hello Readers! If you work with the army, you might find it helpful to get an overview of additional FAR regulations that the army has to abide by. Attorneys Nicole Pottroff and John Holtz break down the AFARS for you in this complimentary webinar. Join us tomorrow by registering here.
The post Webinar Event: FAR Supplement – AFARS – Army first appeared on SmallGovCon - Government Contracts Law Blog.View the full article
Additional changes to the submission date and the self-scoring requirements for CIO-SP4 offers make up the latest batch of amendments published by the National Institutes of Health Information Technology Acquisition and Assessment Center, leaving offerors hopeful the latest changes will be the last in a long string of amendments. Amendment 15 pushes back the submission date for CIO-SP4 offers and addresses a change to offer modifications. Amendment 16 includes additional changes to submission re
Happy February, Readers! We had some excitement this week when a winter snowstorm moved into our neck of the woods. I’m happy to report that all is well and the streets have been cleared by our vigilant city road crews whom we are very grateful for. It sure was a beautiful, snowy site.
There was a lot going on in federal government contracting, this week, including an announcement from the DoD that John Sherman will be acting chief digital and AI officer as well as the deadline has
Federal contractors often ask: “It is better to team up for government work with a prime-sub arrangement or with a joint venture?” Well, (spoiler alert) the answer is: it depends. But I won’t leave you with just that. This three-part series will provide insight on some of the major differences between these two types of “teams” that offerors should consider when making the decision between a joint venture or prime/subcontractor team in competing for and performing federal contracts. While this s
Hello Readers! We have three events this month that we’d like to invite you to attend. All three events are complimentary, so we hope to see you there!
First off, on February 9, we have a webinar about the FAR Supplement for 2022 that is specific to the Army – AFARS. The presenters for this event are Nicole Pottroff and John Holtz. Register here.
Next, on February 16, we have a webinar about the FAR Supplement for 2022 that is specific to the Air Force – AFFARS. The pres
On January 13, 2022 the Secretary of the Department of Health and Human Services (HHS) issued its Final Rule governing the implementation of the Buy Indian Act (Act). This rule clarifies the preference for Indian-owned and controlled businesses and removes barriers by alleviating unnecessary regulatory burdens. If you’re a frequent visitor to our blogs, you may be thinking, “wait what, didn’t you just blog about this last November?” Actually, the subject of the blog about the Buy Indian Act from
Happy Friday, Readers! We have a fresh batch of federal government contracting articles for you. Yes, we’re all tired of dealing with COVID-19, but it’s important to stay up-to-date, so we have the latest news about the vaccine mandates and how the pandemic has affected contracts for you. In fact, Shane McCall, Equity Partner of Koprince McCall Pottroff LLC, is quoted in the Construction Dive article about force majeure clauses losing their punch. We also have an interesting article about contr
The White House has announced the launch of a Made in America Council, which will be the overarching group to “coordinate and advance the Made in America Office’s work across the entirety of the Federal Government.” This represents a new strategy for things like the Buy American Act and related policies, because it will try to centralize these efforts to some degree, instead of having them disbursed throughout the various federal agencies. Below are some of the highlights from this announcement.
The National Institutes of Health (NIH) NITAAC has been busy over the past month with three amendments to the CIO-SP4. Amendments 12, 13, and 14 primarily revise submission dates and make changes to the reporting of past experience examples. Below is a summary of the pertinent details from these amendments, as we know this is an important procurement for many contractors.
Amendment 12, released December 16, 2021, requests proposal revisions from offerors who provided proposals by August
After going over limited data rights in our last post on intellectual property in government contracts, it is only natural we discuss the similar but distinct concept of restricted computer software. As we noted in the limited data rights post, this only concerns contracts regulated by FAR, or, in other words, non-Department of Defense contracts. If you’re dealing with the Department of Defense, the Defense Acquisition Regulation Supplement (DFARS) applies. DFARS has similar provisions but also
When an agency restricts a solicitation to a single brand-name, the agency must appropriately justify its decision, even where the solicitation is competed among holders of a governmentwide acquisition contract.
In a recent case, the GAO sustained a protest, holding that an agency violated the FAR by failing to properly justify its brand-name restriction.
The GAO’s decision in Westwind Computer Products, Inc., B-420119 (Dec. 8, 2021) involved a USDA solicitation seeking enterprise bu
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