Happy New Year, Readers! Hope everyone is off to a great start in 2023. As we have done in the past, we want to take a step back and revisit those blog posts from 2022 that were the most popular. Below, we summarize the blogs written in 2022 that were the most popular as well as the perennial favorites from years past that were the most popular in 2022. It’s a good chance to look back on the important articles from 2022, and those topics of continuing interest to federal contractors.
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Happy Friday, Readers! Now that the holidays are over, we are really enjoying the NFL Playoffs and rooting for our Kansas City Chiefs. There’s never a dull moment when Patrick Mahomes is on the field! Our fingers are crossed that the team can get to another Super Bowl.
There was a lot of activity in federal government contracting this week and it seems that contract opportunities are really increasing. The U.S. Small Business Administration (SBA) began accepting applications through the Vet
The Texas South-West Small Business Development Center (SBDC) Network is hosting this upcoming, informative webinar on the Buy American Act. The Buy American Act permits agencies to buy foreign end products only under certain exceptions, such as when domestic items are not available at a reasonable cost. Further, U.S. trade agreements waive the Buy American restrictions for certain products. Please join us to learn more about these rules to include the recent updates. You can register here.
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Agencies rely on the representations made by offerors in their proposals to determine how capable each offeror is. In many cases, key personnel are so vital to an offeror’s chance of success that any change to the key personnel must be approved by the agency prior to such a change taking place. Logic follows that the risk of losing a possible award outweighs any benefit that may be reaped from stretching the truth. Nonetheless, from time to time an offeror will decide to give it a try, hoping th
Happy New Year! We hope you were able to enjoy the holidays with friends and family and are now ready to jump into 2023. A recent cold front has moved out of our area, and I think I speak for everyone here when I say we are grateful to get back to our normal temperatures.
There was a lot of activity in the federal government contracting arena this week. Below are some articles that we think are noteworthy. Enjoy your weekend.
House GOP prioritizes end to ‘unnecessary’ federal progr
We here at SmallGovCon like to spend our free time pondering the intricacies around how and why certain NAICS codes are assigned to the myriad of contracting opportunities posted every day. But we realize others may not have the same appetite for the intricacies of Federal Contracting as us. Luckily, the SBA’s Office of Hearings and Appeals (OHA) recently issued a great roadmap for understanding NAICS code assignments in a NAICS code appeal decision, which serves as a great refresher for how NAI
Happy Friday Readers! It’s time to say goodbye to 2022 and make plans for the new year. We hope 2022 has been a good year for you. We are looking forward to providing valuable insights for federal contractors in 2023 and we appreciate your continued support of SmallGovCon. This week saw important updates regarding both the signing of the National Defense Authorization Act and government spending bill.
We wish you the best in 2023! Happy new year!
Press Release: National Defense Au
In a recent decision, the Small Business Administration (SBA) Office of Hearings and Appeals (OHA) examined a company that received two Small Business Innovation Research (SBIR) grant awards. The SBA Area Office had determined that the awardee was not an eligible small business due to ostensible subcontractor affiliation and other reasons. This decision is an important reminder for SBIR candidates on how they should structure subcontracting teams, as SBA will examine SBIR awardee eligibility.
We’d like to take this opportunity to wish our readers a very happy holiday season! We appreciate you and we will keep striving, in 2023, to provide useful updates and information to the federal government contracting community. Season’s greetings!
The post Happy Holidays from Koprince McCall Pottroff LLC! first appeared on SmallGovCon - Government Contracts Law Blog.View the full article
DoD, GSA, and NASA are issuing a final rule that amends the Federal Acquisition Regulations (FAR), effectively implementing a provision of the 2016 National Defense Authorization Act. The rule permits and encourages agency acquisition personnel to engage in responsible and constructive exchanges with the industry, provided that such exchanges remain consistent with the applicable law and refrain from promoting any unfair competitive advantages.
The final rule amends FAR 1.102 by revisin
The annual National Defense Authorization Act (NDAA), in essence Congress’ annual budget for the Department of Defense (DoD), commonly includes various riders and attachments that amend or create other federal laws. For example, the 2022 NDAA (finally) gave SBA’s Office of Hearings and Appeals the authority to hear appeals of HUBZone protests (something SBA just recently proposed a rule regarding), and the 2021 NDAA is why SDVOSB self-certification is ending and SBA is taking over the job of car
Happy Friday, Readers. We hope you have had a great week and are excited about the holiday season. There’s only one more weekend to get that shopping done! No matter how prepared I think I am, it seems there is always something that sneaks up at the last minute. We do hope you find time to sit and relax a bit this weekend and we’ve included some articles about federal government contracting that we believe are worth a read, including updates on the government shutdown and NDAA. Enjoy!
The Small Business Administration (SBA) has proposed to amend the rules of practice for its Office of Hearings and Appeals (OHA) and the Historically Underutilized Business Zone (HUBZone) Program to “implement procedures authorizing appeals to OHA” from adverse status determination protests for certified HUBZone small business concerns. Currently, HUBZone status protest determinations are decided by the Associate Administrator of Government Contracting and Business Development per 13 C.F.R. § 12
The Department of Defense (DOD) and the Small Business Administration (SBA) signed a memorandum of understanding (MOU) on Friday, December 2, 2022, in a bid to strengthen and expand small business development nationally. The most obvious immediate change is that the more than 90 Procurement Technical Assistance Centers (PTAC) will be renamed APEX Accelerators, and the DOD and SBA are hopeful that this rebranding will bring new life to the program, which provides free procurement assistance to s
In its recent decision, the Court of Federal Claims decided whether and when an agency can cancel a FAR part 15 procurement and start from scratch. Agencies have historically been afforded extremely broad discretion in cancelling solicitations. But in this case, the court agreed with the protester that cancellation was wrongful. It also laid out the details of a proper versus improper solicitation cancellation quite nicely. Thus, this landmark decision provides crucial guidance on the subject fo
On December 6, 2022, the SBA held a virtual Q&A session to discuss the roll-out of the Service-Disabled Veteran Owned Small Business (SDVOSB) and Veteran Owned Small Business (VOSB) certification program. They will be assuming responsibility as of January 2023 and the SBA will begin accepting applications for certification on January 9, 2023. Through the Q&A session, the SBA provided some tips for contractors, an explanation of the processes that are controlling the SBA’s SDVOSB and VOS
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
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
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
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
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
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
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
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
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,
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