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Free Event! SBA & DoD Mentor Protégé Webinar hosted by MST Contract Opportunities Center APEX Accelerator, El Paso: January 23, 2024, 10:00-11:30am MST

Touted as a “game-changer” when it was first introduced in 2016, the U.S. Small Business Administration’s All Small Mentor-Protégé Program isn’t new anymore. Known now as simply the “SBA Mentor-Protégé Program,” it is still extremely useful for large and small contractors alike. View Preview Please join me and Gregory Weber as we explain the ins and outs of the SBA Mentor-Protégé Program, covering the program’s eligibility requirements, its potential benefits (including the ability to fo

Year in Review: Top SmallGovCon Posts of 2023

Happy New Year to our SmallGovCon readers! While we have already posted some updates from 2024, it’s a good time to reflect on the important posts from 2023. This post revisits those blog posts from 2023 that were the most popular. Below, we summarize the blogs written in 2023 that were the most popular as well as the perennial favorites from years past that were the most viewed in 2023. It’s a good chance to look back on the important articles from 2023, and those topics of continuing inte

Extraordinary Actions v. Day-to-Day Decisions for Joint Ventures: A Cautionary Tale

Back in 2020, we discussed an SBA Office of Hearings and Appeals (OHA) decision stating that the managing venturer must control every aspect of the joint venture. This position, which we questioned in that article, has changed since that time, and we explored the changes to the regulatory language in question not long thereafter. But this regulatory language was still vague. Since that time, there has been much case law development. The Court of Federal Claims (COFC) held in 2022, “[a] minority

SmallGovCon Week in Review: January 1-5, 2024

Happy new year! We hope you enjoyed the holiday and are looking forward to what 2024 brings. It’s been a pretty mild winter so far, but we expect old man winter will be showing up any day now. Until then, everyone has been taking advantage of getting out and about without any major travel problems. We are all grateful for that. This week in federal government contracting news saw more insights on the new CMMC regime as well as important trends for 2024. Investigations into DoD st

Why File: A Size Protest

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 potenti

SmallGovCon Week in Review: December 25-29, 2023

Happy Friday! It’s time to say goodbye to 2023 and usher in the new year. Here at SmallGovCon, we would like to thank all of our blog readers for a wonderful year. We will continue to work hard to provide helpful federal contracting news and updates in 2024 and we truly appreciate your continued support and feedback. Happy new year! Enjoy a final few federal contracting updates to round out the year, including the new CMMC rules and new SDVOSB goals. Strengthening Digital Accessibility

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week inReview: December 18-22, 2023

Happy Holidays, Blog Readers! Please make sure to thank all those that work tirelessly during the holidays to make things merry and bright and I’m not just referring to Santa. We truly appreciate you! We hope you have a very joyful holiday season surrounded by family and friends. And now in federal government contracting news this week, a big update about labor in federal construction projects. Fact Sheet: Biden-⁠Harris Administration Announces Action to Support Economic and Effic

Koprince Law LLC

Koprince Law LLC

Two Bites of the Same Apple: Protester Wins Sustain on Second Name Brand or Equal Protest with an Unexpected Result

When submitting an offer, it is important to make sure that all the requirements of the solicitation are met. This is essentially Federal Government Contracting 101 and applies to any type of solicitation. In RELX, Inc., B-421597.2, 2023 CPD ¶ 262 (Comp. Gen. Nov. 17, 2023), GAO looked at this issue in the context of a lowest-price, technically acceptable (LPTA) solicitation for a brand name or better product, with an unexpected ending that the protester surely did not see coming. Brand

Koprince Law LLC

Koprince Law LLC

GAO: Small Task Order Protesters Can Protest Scope of Task Order

Congress has made it pretty tough to file a protest against a task order. For one thing, task order protests can generally only occur at the Government Accountability Office (GAO). For another, if a task order dollar value is too small, it can’t be protested at all. A recent case confirms that the exceptions to the restrictions on task order protests are quite narrow. However, a protest can allege that a task order increases the scope, period, or maximum value of the contract under which it is i

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: December 11-15, 2023

Happy Friday! We are halfway through December already and oh my, how time does fly! 2024 is just around the corner and the holiday season is now in full swing. We hope you are enjoying all the season has to offer. There have been a lot of changes in federal government contracting this year, and here at SmallGovCon, we strive to include weekly, helpful content that explains what the impact of those changes are on federal government contractors. Thank you so much for all the wonderful feedba

Koprince Law LLC

Koprince Law LLC

SBA’s 2023 Update: Demonstrating 8(a) Social Disadvantage

SBA recently issued new guidance on how to demonstrate social disadvantage–one of the elements an individual must meet to be eligible for SBA’s illustrious 8(a) Business Development Program. The guidance implements a streamlined social disadvantage narrative format–limiting the number of social disadvantage instances to two and asking only for direct answers to six questions for each instance. The “new” format really just hones in on the elements SBA has always asked for 8(a) social disadvantage

Koprince Law LLC

Koprince Law LLC

A HUBZone Appeal Appears! Continuing our Look at the HUBZone Appeal Process

Earlier this year, SBA’s Office of Hearings and Appeal (“OHA”) released its first HUBZone status protest appeal decision. That decision, as you may recall was fairly straightforward, resulting in a dismissal of the appeal. About half a year later, OHA has issued its second HUBZone status appeal decision! This one is even more straightforward than the first one, but it is important nonetheless as it now gives us further insight into the HUBZone appeal system. Let’s take a little look. In

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: December 4-8, 2023

Happy Friday, Readers! It was another busy week here at SmallGovCon and in the federal government contracting world. GSA announced some new political appointees, while cyber security and AI have also been ongoing hot topics. You can read more about these and other contracting news in the articles below. Have a wonderful weekend. Three Military Contractors Sentenced in Procurement Fraud Scheme CX: The Next Frontier in Government’s Digital Transformation GSA announces new political a

Koprince Law LLC

Koprince Law LLC

Reminder: 2023 SDVOSB Deadline Looming

SmallGovCon has covered the SBA’s assumption of control over certification of Service-Disabled Veteran Owned Small Businesses (“SDVOSB”) and Veteran Owned Small Businesses (“VOSB”) since it was first announced well over a year ago. Now, we are coming close to one of the final deadlines associated with SBA taking over these certification processes. It is hard to believe that it is already the end of the calendar year once again. But time flies when you are having federal contracting fun! With the

Koprince Law LLC

Koprince Law LLC

Webinar Event: Small Business Certifications hosted by the Catalyst Center for Business & Entrepreneurship, December 14, 2023, 4:00pm EST

Please join Greg Weber and I for this informative webinar on small business certifications. Participants will get an overview about: Woman Owned Small Business and Economically Disadvantaged Woman Owned Small Business 8(a)  Business Development Program HUBZone (Historically Underutilized Business Zone) Service Disabled Veteran Owned Small Business We will discuss how to get certified, how long it may take, regulations, changes, updates, and tips and tricks on how to be prep

Koprince Law LLC

Koprince Law LLC

Free Webinar Event: Mastering Size Calculations for SBA Size Determinations hosted by LeftBrain, December 12, 2023, 1:00pm EST

If your small business status hangs in the balance, you can’t afford mistakes in your next SBA size determination. Join us for an in-depth look at key accounting strategies and lessons from recent SBA size appeal decisions involving affiliation issues, joint ventures, and receipts calculation. Learn how to properly account for inter-affiliate transactions, raise strong arguments, and avoid missteps that could lead to an adverse size determination. Register now to demystify SBA rules and gain the

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: Nov. 27-Dec. 1

Happy December! If you haven’t started your holiday shopping, don’t panic, you still have time! It’s hard to believe that 2023 is almost over. I don’t know about you, but here at SmallGovCon, the year seemed to fly by. We hope you have a nice weekend and can get out to enjoy all the holiday season has to offer. And now, in federal government contracting news, check out some interesting articles about how the federal government is approaching the use of AI and protecting critical supply

Koprince Law LLC

Koprince Law LLC

FAR Subcontracting Plan Update: Credit for Lower Tier Subcontractors Means Lower Tier No Longer Lower Value

Updates to the SBA’s Small Business Subcontracting Plan regulations in response to the National Defense Authorization Act of 2020 Section 870 are changing the circumstances in which a prime contractor can receive credit for lower-tier subcontractors, effective November 13, 2023. Such changes make the inclusion of lower-tier subcontractors in certain situations optional and put the onus on the lower tier subcontractors to report such work to the SBA if the lower tier subcontractor wishes to recei

Koprince Law LLC

Koprince Law LLC

OHA: Respond to SBA Size Determination Questions, or Risk an Adverse Inference

SBA’s size protest rules contain a stick to force companies to respond to SBA as part of size determination. That stick is called the adverse inference rule. The adverse inference rule says that, if SBA requests specific information and a protested company refuses to provide it, SBA may assume that the missing information would show that the company is not a small business. In a recent decision, SBA’s Office of Hearings and Appeals (OHA) upheld the use of the adverse inference. In Portac

Koprince Law LLC

Koprince Law LLC

GAO: Debriefings Only Delay Filing Deadlines For GAO Protest

While losing a procurement is never easy, many contractors will learn some valuable lessons from a debriefing. On top of that, a debriefing can delay bid protest filing deadlines at GAO. However, recently, GAO clarified that the bid protest filing deadline delay for debriefings only applies to GAO protests. A protestor found this out the hard way after a pre-award debrief, and multiple protest actions. Given the importance that debriefings (or debriefs, for short) hold for contactors to

Koprince Law LLC

Koprince Law LLC

Room for Improvement: Statistics Suggest It is Unclear if Large Businesses are Meeting Small Business Subcontracting Goals.

Just as agencies have established goals to award a certain percentage of their procurements to small businesses and businesses participating in socio-economic programs like the 8(a) Program, large business contractors must establish goals to include small business subcontractors in their pool of subcontractors for unrestricted awards over the applicable threshold in FAR 19.702 ($750,000 for most contracts, $1.5 million for construction contracts). While the specific goal will vary with each cont

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: November 13-17, 2023

Happy Friday! Next week is Thanksgiving and we want to take this opportunity to thank all of you for your support of SmallGovCon. We always strive to provide helpful content and we appreciate all the wonderful feedback that we have received from our readers. We hope you have a great Thanksgiving and are able to spend some time with friends and family. This week in federal government contracting news include a plan to fund the government (hear that one before?), AI and its effect on governme

Koprince Law LLC

Koprince Law LLC

Govology Webinar Event: 2023 Government Contracting Year in Review, December 7, 2023, 1:00pm EST

In this webinar, Nicole Pottroff and I will cover the most important legal developments for federal contractors in 2023. We will discuss some new small business rules, updates to the 8(a) rules and application procedures, joint venture changes, updated SDVOSB certification requirements, key provisions of the recent National Defense Authorization Act, and more. Hope you can join us. Register here. The post Govology Webinar Event: 2023 Government Contracting Year in Review, December 7, 2023, 1:0

Koprince Law LLC

Koprince Law LLC

SBA OIG Again Challenges SBA’s Revised Definition of a HUBZone Employee

This article was originally published by Steven Koprince on LinkedIn and is reprinted with permission. Steve is the founder of Koprince McCall Pottroff LLC but has retired from the practice of law to focus on other endeavors. His views do not necessarily represent those of the firm or its attorneys. To read more of Steve’s current government contracting writing, follow him on LinkedIn and subscribe to his LinkedIn newsletter. The U.S. Small Business Administration’s Office of Inspector Gener

Koprince Law LLC

Koprince Law LLC

Event: Teaming Agreements & Subcontracts Workshop hosted by The Catalyst Center for Business & Entrepreneurship, November 16, 2023, 3:00-5:00pm CST

This workshop will focus on teaming agreements and subcontracts which can be essential to winning and successfully performing federal government contracts. Greg Weber and I will explain how to develop, negotiate and administer agreements that are both compliant and effective for both small and large contractors. The presentations will cover both the key rules (such as flow-downs and ostensible subcontractor affiliation) and best practices for agreements that go beyond the bare minimum legal requ

Koprince Law LLC

Koprince Law LLC

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