One of the key criteria for being a Service-Disabled Veteran-Owned Small Business (SDVOSB) is, as you might expect, that a service-disabled veteran control the company. Under Small Business Administration rules, an agreement similar to a franchise agreement can render an SDVOSB applicant ineligible, because the franchisor restrictions on the actions of the company are too strong. A recent case reminds us of the control imposed by these types of arrangements.
The case, Holistic Serendipit
We are pleased to announce that our updated Koprince McCall Pottroff LLC GovCon Handbook, on Joint Ventures, is now available! This handbook–complete with all of the SBA’s important changes from the past couple years–was co-authored by me and Nicole Pottroff as well as firm founder Steven Koprince. It is now available through Amazon at this link.
The Joint Venture Handbook is one of our most popular. Joint ventures are a great way for small businesses to partner with other companies and get
Happy Friday, Readers! The fall leaves are absolutely beautiful here in Lawrence, Kansas right now. We’ve had our first freeze and the mornings have been quite chilly. As the seasons change in Kansas, our temperatures can fluctuate drastically. One day it’s 80 degrees and the next it’s 20. Those weather apps sure do come in handy to help decide which coat to wear. We hope you had a great week and are enjoying the fall beauty in your area of the world.
An announcement was made from the Safer
Being familiar with the structure of a solicitation is imperative if you hope to be a successful federal government contractor. However, the solicitations that accompany competitive procurements, in the form of a “request for quote,” “invitation for bid,” or “request for proposal,” are often lengthy, making it easy for contractors that are new to federal government contracting to get lost in the legalese, and unable to pinpoint the vital information. Does that mean that parts of the solicitation
When it comes to effective communication, the government and industry often get it wrong. Misconceptions and misunderstandings abound and can prove very costly for contractors.
In this webinar, Nicole Pottroff and I will debunk some of the most common myths and misunderstandings held by contractors, including when and how you can communicate one-on-one with a contracting officer, who has authority to modify your contract, what to do when an unauthorized official gives you instructions, how 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 communications with your contracting officer during the proposal submission process. This article is the second of three articles aimed at providing helpful tips for co
Happy Friday, Readers. I don’t know about you, but it feels like fall brings with it a flurry of activity! There are so many community events going on this weekend, it’s hard to decide what to attend. We’re certainly very fortunate to have so many options. I hope you can get out and enjoy the fall activities in your neck of the woods and get in a bit of relaxation, as well. Here are some articles that we found particularly informative concerning federal government contracting this week, includin
In a recent notice for Tribal consultation and request for comments, as well as a published proposed rule, the SBA seems to be signaling an increase in oversight of Native or Tribally-owned entities who are 8(a) Participants. SBA has an apparent goal of enforcing more stringent repercussions for not fully adhering to some stipulations that exclusively pertain to Native or Tribally-Owned participants in the 8(a) Business Development Program. While not final yet, the SBA has placed these potentia
Please join Jackie Lopez, President of Premier Enterprise Solutions, LLC, and me as we discuss both the operational and legal perspective of teaming strategies, the importance of teaming, limitations of subcontracting, why you should use a teaming agreement and much more in part 1 of this 2 part webinar series. We’re pleased to offer both
Event information and registration can be found at this link. I hope you will join us!
The post U.S. Department of Veteran’s Affairs Webinar Event: Tues
As many of you likely already know, back in late 2020, Congress made two changes to the SDVOSB program when it passed the 2021 National Defense Authorization Act. First, all SDVOSBs will be required to certify with the government starting on January 1, 2023. Second, the responsibility for conducting SDVOSB certification will transfer from the VA’s Center for Verification and Evaluation (CVE) to the SBA. Seems simply enough, but, obviously, this raises some questions: What if a SDVOSB is already
Congress recently approved reauthorization of both the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. The law, known as the ‘‘SBIR and STTR Extension Act of 2022’’, was ratified by the House on September 29 and became law on October 3, 2022. While the big takeaway is that the SBIR and STTR programs will continue, this post will highlight a few additional restrictions that were put into place for these important programs. Included among these are
Happy Friday! It’s football season and we couldn’t be more excited about how our Kansas teams are starting the season. This weekend’s match-ups are set to be exciting ones and our fall weather is proving to be perfect for getting out there and cheering on our favorite teams. We hope you can get out and enjoy a game or two this weekend.
Here are some noteworthy happenings in federal government contracting to peruse, this weekend, as well, including some updates on a potential government shu
The SBA’s Mentor-Protégé Program offers a myriad of benefits to both Mentors and Protégés who participate in the Program. Small business Protégés benefit from the assistance provided by their SBA approved Mentor, which can include anything from guidance on how to find solicitations and make offers, to financial support in the form of loans or bonding. Mentors benefit because participation allows them to compete for and be awarded contracts in which they may not otherwise qualify for. In fact, SB
In our line of work, we regularly litigate protests, appeals, claims, 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 opportunities to communicate with your contracting officers for networking and marketing purposes that many contractors (often unnecessarily) shy away from. This article is the first of two articles that will provide
Happy Friday, Readers. We have had some contrasting weather conditions here in Kansas, this week. One day we are at 100 degrees and the next day we are in the 60’s. You know what they say in Kansas? If you don’t like the weather, just wait a minute and it will change. That has certainly been true this week. I think I speak for all of us, when I say that the cooler temperatures of fall are a welcome change from the hot and dry conditions we have experienced throughout the summer.
We hope you
Please join us for a very informative webinar hosted by The Catalyst Center for Business & Entrepreneurship.
Joint ventures can be a powerful tool for multiple businesses to compete for proposals and combine the best capabilities they have to offer. But how do businesses keep their agreements in order? This presentation will address the benefits of a joint venture, including use of past performance and capabilities such as facility clearances. Recent changes to how federal agencies must
The SBA has issued new proposed rules relating to the 8(a) Program. The rules clarify some aspects of ownership and control requirements for the 8(a) Program, including making change of ownership a little easier and cleaning up some 8(a) set-aside processes. The rule would also allow for populated joint ventures between similarly situated joint venture members.
Here are some of the key changes from the proposed regulation. This doesn’t cover everything, so please review the regulations c
Happy Friday, Readers! Our weather here in Kansas has decided it’s not quite ready to be cooler for Fall just yet. You can bet though, when it does, it will decide abruptly. I’m taking my family on a camping trip this weekend to extend summer just a bit longer. Hope you are able to enjoy a great weekend with your family and friends.
Along the way, enjoy this roundup of the latest federal contracting news, including the new DoD deviations on flexibility in the face of inflation and SAM regis
Many SBA programs and offerings have their origins in other agencies or parts of the federal government. Contractors who do not work with the DoD might be surprised to learn that the DoD’s own Mentor-Protégé Program is in fact the oldest continuously operating mentor-protégé program, dating back to the First Gulf War. Recently, this program received some updates, one of which will greatly expand the pool of eligible proteges. Let’s take a look at these changes in more detail.
Back in Feb
Government contracting law is complex, and the rules aren’t always intuitive. As a result, many contractors make the same legal mistakes, involving everything from completing SAM profiles to calculating small business size to communicating with government contracting officers.
In this webinar, I will unveil the top 21 most common legal mistakes I see contractors make time and time again and how to avoid them. I hope you will join me!
Register here.
The post Govology Webinar Event: To
Happy Friday, SmallGovCon Readers. The sunflower, which is the state flower or Kansas, are in full bloom. They have been spectacular this season! Sunflowers exhibit a trait called heliotropism, which means that they turn to face the sun. The tallest sunflower ever recorded was 30 feet tall! Wow! I haven’t seen one that tall but they sure are beautiful.
We hope you can get out and enjoy the September flowers in your neck of the woods and here’s a few noteworthy articles on federal goverment
A recent SBA decision showcased the strict manner in which SBA interprets its joint venture agreement rules. After an agency awarded a contract to a joint venture entity, SBA determined the joint venture was ineligible due to fairly small deficiencies in a joint venture agreement. It’s a situation that no federal contractor wants to encounter. SBA requires strict adherence to the requirements that must be contained in nearly all joint venture agreements. Unfortunately, one company learned this l
In a recent SBA decision, SBA’s judges had the opportunity to review three different simultaneous challenges to whether a service-disabled veteran controlled a SDVOSB. Because there were three different challenges reviewed at once, SBA took a deep dive into the SDVOSB certification standards around the requirement of control of a SDVOSB. With such a deep dive, SBA provided some explanations of SDVOSB control concepts that could be helpful to contactors looking to certify or re-certify as an SDVO
Happy Labor Day weekend, Readers. Monday is a federal holiday so I’m sure everyone is looking forward to an enjoyable, long weekend and perhaps a parade. It turns out that the first Labor Day parade was in New York City on September 5, 1882 when, according to the US Department of Labor, a newspaper account of the day described “men on horseback, men wearing regalia, men with society aprons, and men with flags, musical instruments, badges, and all the other paraphernalia of a procession.”
Whi
As we’ve discussed, the SBA will soon take the reins over from VA to run the certification process for Veteran-Owned Small Businesses (VOSBs) and Service-Disabled, Veteran-Owned Small Businesses (SDVOSBs). Self-certification for SDVOSBs will go away on December 31, 2023, so be sure to get your SDVOSB ownership and control documents up to snuff in order to stay compliant with the SDVOSB rules. One of those rules concerns unconditional ownership by the veteran. A recent federal court case sheds so
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