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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

SmallGovCon Week in Review, November 6-10, 2023, A Salute to Our Veterans!

Tomorrow is Veterans Day and SmallGovCon would like to thank our veterans for their service. Here are some interesting historical facts about Veterans Day. It was on November 11, 1921, an unidentified American soldier killed in the war was buried at Arlington National Cemetery. The US Department of Veterans Affairs holds a ceremony each year in Arlington National cemetery, to honor and thank all who served in the US Armed Forces. The first celebration using the term Veterans Day occurred in

Koprince Law LLC

Koprince Law LLC

Event: Encountering Innovation Conference hosted by Kansas APEX Accelerators, Nov. 13-17, 2023, Johnson County Community College

Encountering Innovation has quickly become one of the top US Pitch Events for Innovators/Inventors to present and showcase their technology to US Government Tech Scouts for special funding.  Tech Scouts from the Department of Defense, Service Labs, Academia, and most US government agencies prioritize attending this week-long event to listen to pitches, examine poster board displays, discuss government needs, and chat with innovators from 8+ states during lunches and evening networking events. 

Koprince Law LLC

Koprince Law LLC

SBA OIG Report Shows Improvements in 8(a) and Woman-Owned Small Business Programs

The Small Business Administration Office of the Inspector General (OIG) recently released its report discussing the top management and performance challenges facing the SBA in 2024. The report highlights a number of issues currently plaguing the SBA and its various programs, including abuse of economic relief programs, disaster assistance programs, and loan programs, cyber security shortcomings within the agency, and oversight of grant management. The report also notes concerns with the HUBZone

Koprince Law LLC

Koprince Law LLC

2023 Bid Protest Report, Success Rate Up, Total Protests Up a Little Bit

One of our favorite fall traditions is back. No, not gorging on stuffing after a turkey trot. Rather, it’s time for GAO’s annual bid protest report. This report is GAO’s summary of bid protests for the previous fiscal year. It contains some key insights for 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 even higher to 57% for the 2023 fiscal ye

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: Oct. 30-Nov. 3, 2023

Happy Friday and welcome to November! In honor of National Veterans’ Small Business Week, Administrator Isabel Guzman, head of the  SBA, hosted a roundtable with the Veteran Institute for Procurement (VIP) to discuss the Veteran Small Business Certification (VetCert) Program. The SBA has certified over 8,300 new veteran- and service-disabled veteran-owned small businesses through VetCert so far. Also, in federal government contracting news, there was an executive order released on how the go

Koprince Law LLC

Koprince Law LLC

DoD Proposes Updates to its Mentor-Protégé Program

Many federal contractors know of and participate in the SBA’s Mentor-Protégé Program. However, there are many agency specific Mentor-Protégé Programs, including the oldest continuous program, the Department of Defense’s Mentor-Protégé Program. The DoD’s program has been operating since around the First Gulf War, and like any good machine that is a few decades old, regularly needs some updates. Just in the past week, the DoD released the newest proposed changes to its program. Here at Sm

Koprince Law LLC

Koprince Law LLC

Event Announcement: APTAC’s 2023 Fall Training Conference

Nicole Pottroff and I are excited to attend the Fall APTAC conference in Washington DC and will be presenting on legal updates on November 6. The conference gives agencies and primes the opportunity to promote supplier diversity programs and learn how the APEX Accelerators can partner and assist in meeting contracting goals. The Association of Procurement Technical Assistance Centers (APTAC) is the professional organization of and for the DoD APEX Accelerators nationwide. APTAC supports the

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: October 23-27, 2023

Happy Friday and happy Halloween! Nicole Pottroff enjoyed presenting at the recent ICBSSHOW this week and enjoyed talking to many of our readers. But it’s also the last weekend to prepare and to stock up on candy for those trick or treaters. Hope the federal contracting stories from this week aren’t too scary. This week in federal government contracting news, the Office of Management and Budget is setting a goal of awarding 13% of federal contract spending to “small, disadvantaged business

Koprince Law LLC

Koprince Law LLC

FAR Updates: Size Protests for Orders, Rules for 8(a) Follow-On Contracts

The FAR Council has released updates that will impact a couple aspects of small business contracting. One is that contractors can now file size and socioeconomic status protests for certain types of orders, under strict timelines. Second is that agencies must notify SBA when they seek to remove certain contracts from the 8(a) Program. While these rules were present in some form in SBA rules, they are now firmly ensconced in the Federal Acquisition Regulation as well. Below, I discuss the highlig

Koprince Law LLC

Koprince Law LLC

OHA: JV Violates Two-Year Rule, Loses Award

The joint venture two-year rule always generates a lot of questions. But it’s an important one for small business joint venture members to understand and comply with. A recent decision from the Small Business Administration Office of Hearings and Appeals (OHA) shows why. In the case, a joint venture lost an award because it violated the two-year rule. In Federal Performance Management Solutions, LLC, SBA No. SIZ-6246, 2023 (Sept. 26, 2023), OHA reviewed an award to Federal Performance M

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: October 16-20, 2023

Happy Friday! The Autumn trees are really showing off their colors this past week here in Lawrence, Kansas. We are grateful for some nice fall temperatures after the heat of summer. The city is bustling with activity and there seems to be some sort of fall festival every weekend. Also, our attorney-author John Holtz had a good time at the Meet the Buyers Fall 2023 Conference. Thanks to Daniel Kuchar for inviting us! If you have some down time from all that apple picking and festival going, h

Koprince Law LLC

Koprince Law LLC

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