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SBA Releases New Small Business Award Data Hub

While some federal contractors have (understandably) been focused on the court decision that found the 8(a) Program’s rebuttable presumption of social disadvantage for members of certain racial minorities unconstitutional, the SBA doesn’t just operate the 8(a) Program. It has to look out for all small businesses in America as well. In connection with this obligation, the agency recently released a new web application that allows visitors to discover a great deal about federal small business awar

Koprince Law LLC

Koprince Law LLC

DoD FAR Deviation Addresses 8(a) Social Disadvantage Changes

It’s no secret that the 8(a) federal government contracting world has been in a bit of an upheaval this summer. When the Eastern District of Tennessee published its decision for the Ultima Services Corporation case, small business federal contractors everywhere began scrambling to keep up to date on how various agencies would react. We here at SmallGovCon have been keeping up to date on the developments as they happen. This time, we have more information on how the Ultima Services Corporation ca

Koprince Law LLC

Koprince Law LLC

SBA Webinar Clarifies New Expectations for 8(a) Social Disadvantage Narrative

As you likely know if you have been anywhere around federal government contracting lately, the SBA’s 8(a) Program is in a little bit of an upheaval. Due to a court case we have blogged on, SBA is subject to a court order with how it administers certain aspects of the 8(a) Program and has temporarily suspended new 8(a) Program applications. However, there are many contractors already in the 8(a) Program that SBA is now asking to complete social disadvantage narratives to allow for continued eligi

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: August 21-24, 2023

We at SmallGovCon are trying to get back into the routine of school. Pick-ups, drop-offs, practices, and clubs–it’s a lot. And the government is also ramping up activity a bit as it prepares for fiscal year end and what usually is a big rush of contract awards. With that in mind, check out the latest news, including SBA’s social disadvantage requirements, cybersecurity, and potential changes from a defense procurement commission. Have a great weekend. A court ruling is forcing small bus

Koprince Law LLC

Koprince Law LLC

Koprince McCall Pottroff’s GovCon Handbook, SBA Small Business Size and Affiliation Rules is Now Available!

We are pleased to announce that the Second Edition of the GovCon Handbook, SBA Small Business Size and Affiliation Rules, is now available!   Is your small business really small? When it comes to federal government contracts, the answer can be a lot more complex than it sounds. In this GovCon Handbook, government contracts attorneys provide an in-depth look at the size and affiliation regulations for federal contractors. Written in plain English and packed with easy to understand example

Koprince Law LLC

Koprince Law LLC

SmallGovCon & Koprince McCall Pottroff LLC Announce the 8(a) Contractors’ Toolkit

To keep federal contractors apprised of recent decisions affecting the 8(a) Program, we are launching the 8(a) Contractors’ Toolkit. The goal is to provide relevant and useful information for government contractors about eligibility, contract requirements, and best practices. We are here to help federal contractors navigate the rapidly changing waters of the 8(a) Program. Check back regularly as we cover various topics bearing on federal contractors currently participating in or hoping to ga

Koprince Law LLC

Koprince Law LLC

8(a) Social Disadvantage Narratives: What SBA is Looking For–Now, From ALL Individually-Owned 8(a) Applicants and Participants

Writing a social disadvantage narrative for application to SBA’s 8(a) Business Development Program has always been an arduous undertaking–to say the least. And up until a recent Federal District Court decision (which we blogged on here), only a small portion of 8(a) Program applicants had to submit this time-consuming, highly personal, difficult task. But now (as discussed in the above-linked blog and in this blog on SBA’s recent actions in response to the decision), this requirement is being ex

Koprince Law LLC

Koprince Law LLC

SBA Update: Get Your Social Disadvantage Narrative Ready

As you likely know, there are some major changes going on in the SBA’s 8(a) Business Development Program. And like many, I am sure you have a lot of questions—given the fact that these changes are being implemented right now without a published final rule explaining the details, limitations, and new requirements. While we may not have a rule, we have been closely following any and all SBA guidance on the matter as it has released. And as usual, we are here to pass that valuable information along

Koprince Law LLC

Koprince Law LLC

Govology Webinar: The Ins and Outs of Defense Production Act Title III Agreements, August 24, 2023, 1:00pm EDT

Steven Koprince, Govology Legal Analyst and retired founder of Koprince McCall Pottroff (and all around cool dude) will be presenting this webinar which covers the Ins and Outs of the DPA Title III Agreement, including which contractors are eligible, how to find and pursue DPA Title III opportunities, typical terms of DPA Title III agreements, and more. Don’t miss your chance to learn all about DPA Title III, in plain English! Register here. The post Govology Webinar: The Ins and Outs of Defen

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: August 14-18, 2023

Happy Friday! School started this week and I’m not sure who was more excited, the kids or the parents? Seems like the summer school break flew by. It’s really fun to see all those first day of school photos that the parents are posting. Here in Lawrence, Kansas the university students are also back in town and the energy level is always palpable as the semester is starting. We hope you had a nice summer and were able to get out and enjoy a little family time, prior to the start of the schoo

Koprince Law LLC

Koprince Law LLC

OHA: A Manufacturer Must Own or Lease Facilities to Qualify

In a recent decision, the Small Business Administration’s Office of Hearings and Appeals (OHA) reviewed the requirements to establish that a company is a manufacturer of a product under SBA’s rules. In particular, there is a requirement that a company use “its own facilities” in manufacturing the product. But how does a company establish it will use its own facilities? The first decision was Size Appeals of: Master Boat Builders, Inc. SBA No. SIZ-6198 (2023) and then a little later OHA r

Koprince Law LLC

Koprince Law LLC

SBA Clarifies Inconsistencies in 8(a) and Mentor-Protégé Ownership Rules

A lot has been happening in the 8(a) Business Development Program world over the past couple of weeks. SBA has been busy updating regulations applicable to the 8(a) Program to both bring SBA rules into alignment with the economic realities in a post-COVID world and to make 8(a) requirements more uniform across the board. Here, we focus on a change to ownership rules for non-disadvantaged owners of 8(a) Program participants that are also part of an SBA-approved Mentor-Protégé Agreement. A

Koprince Law LLC

Koprince Law LLC

Podcast: Understanding the 8(a) Lawsuit and Its Impact: Attorney John Holtz Reveals All

John Holtz was recently interviewed by Dr. Kizzy Parks with K. Parks Consulting, Inc. about the current 8(a) Program situation and the pause on applications. Please use this link to access this informative podcast and we invite you to visit YouTube for all of Kizzy Parks podcasts concerning federal government contracting matters. The post Podcast: Understanding the 8(a) Lawsuit and Its Impact: Attorney John Holtz Reveals All first appeared on SmallGovCon - Government Contracts Law Blog.View th

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: August 7-11, 2023

Hello, Readers! Many small business contractors and agency personnel are paying close attention to the fallout from the recent court decision on the 8(a) Program, as shown in this week’s articles. For an explanation of the decision, see the post from John Holtz, while Nicole Pottroff has explained SBA’s pause on taking current 8(a) Program applications. Another big story was DOL’s new rules. We hope you have a wonderful weekend and please refer to our most recent blog posts for additional in

Koprince Law LLC

Koprince Law LLC

Senate-Passed 2024 NDAA set to Raise DoD Set-Aside Sole-Source Contract Threshold Limits

Through an amendment to the Senate-Passed 2024 NDAA, the Department of Defense (“DoD”) sole source threshold for many socioeconomic set-aside programs would be increased significantly under the Senate-passed version of the 2024 National Defense Authorization Act. Also a method to adjust DoD sole-source thresholds for inflation would be created. The Senate version of the 2024 NDAA includes an amendment that would raise the sole-source caps for Department of Defense (“DoD”) manufacturing

Koprince Law LLC

Koprince Law LLC

8(a) Rule Update: Agencies Can’t Limit 8(a) Competition to Participants with Additional Certifications, SBA Clarifies Bona Fide Place of Business for Construction Contracts

A few months ago, we explored SBA’s new rule that made changes to the 8(a) program, the limitations on subcontracting rules, and the ostensible subcontractor rule. There was another aspect of that new rule that also makes some needed clarification on how contracting officers can limit 8(a) competitions, and we want to briefly explore that here. Multiple-Certifications Rule Prior to the new rule, there was a fair bit of uncertainty on whether the regulations and statutes permitted con

Koprince Law LLC

Koprince Law LLC

Event: “Small Business is BIG Business in Government Procurement” Training Workshop, August 15, 2023 San Antonio

The San Antonio Business Opportunity Counsel will be hosting this workshop that will include a day of training, networking, speakers and exhibitors in beautiful San Antonio, Texas. I’m excited for the opportunity to be the keynote speaker and will be presenting on Mentor Protege, Teaming and Joint Venture Agreements. For more information on this event please visit www.saboc.org. Hope to see you there! The post Event: “Small Business is BIG Business in Government Procurement” Training Workshop,

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: July 31 – August 4, 2023

Happy Friday, Readers! As we move into a new month this week, big things are happening in the world of federal government contracting, from the impacts of recent federal court decisions on SBA’s 8(a) Program–to the ever-developing conversations about artificial intelligence and social media (and the benefits, limitations, and concerns surrounding each). But amidst many a changing landscape, some things certainly remain constant–the likelihood of facing severe consequences for dishonesty and frau

Koprince Law LLC

Koprince Law LLC

SBA Puts “Temporary Pause” on New 8(a) Program Application Submissions

The SBA’s Office of Government Contracting and Business Development, the office that handles the 8(a) Business Development Program applications, has just confirmed that SBA has “temporarily paused” the submission of new 8(a) Program applications in light of the recent decision by the federal district court of the Eastern District of Tennessee. As we recently blogged about here, on July 19, 2023, the federal district court of the Eastern District of Tennessee enjoined SBA’s 8(a) Program

Koprince Law LLC

Koprince Law LLC

On Deck for SBA Regulations in 2023: Affiliation and WOSB Rule Changes

SBA, like other agencies, publishes a semiannual Regulatory Agenda to provide an update on the various rules it has coming up as well as a timeline 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. Here is a summary of the upcoming rules and what we think

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: July 24-28, 2023

Happy Friday! It’s time for another edition of WIR. I’d like to start off by thanking the El Paso Community College’s Contract Opportunities Center APEX Accelerator and the always-lively Pablo Armendariz for hosting me and allowing me to speak at the Procurement and Contracting Symposium, in El Paso, Texas, earlier this week. It was a wonderful event for discussions around federal government contracting. I met some new folks and got to talk to many people with great excitement for the federal co

Koprince Law LLC

Koprince Law LLC

$162B in Small Business Contracts: SBA Releases Small Business Scorecards for FY 2022

The SBA published its annual Government Wide Small Business Procurement Scorecard for fiscal year 2022, and it appears that nearly every type of small business set-aside by the SBA, with the continued exception for Woman-Owned Small Businesses and HUBZone businesses, either met or exceeded their goal. Overall, agencies exceeded their goals for the year, earning an overall score of “A” due to meeting the small business contracting goals with 104.05% of the total goal. In case you have nev

Koprince Law LLC

Koprince Law LLC

Initial Challenge to 8(a) Presumption of Social Disadvantage for Certain Minority Groups Succeeds: What This Means for Now

On July 19, 2023, the federal district court of the Eastern District of Tennessee issued a decision regarding a case involving the rebuttable presumption of social disadvantage in place under the 8(a) Business Development Program. Ultima Servs. Corp. v. U.S. Dep’t of Agric., 220CV00041DCLCCRW, 2023 WL 4633481, at *1 (E.D. Tenn. July 19, 2023). This decision found that this presumption is unconstitutional as it violates the right to equal protection. This, understandably, has caused a great deal

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: July 17-21, 2023

Hello and Happy Friday! We hope you had great week and are finishing the week strong today. The SBA and Whitehouse announced that the current administration exceeded its small business goal with a record breaking $163 Billion in federal procurement opportunities. That’s an $8.7 billion increase from the previous year, which is great news for small businesses. You can read more about this and other newsworthy articles below. Have a great weekend. Biden-Harris Administration Sets Record-

Koprince Law LLC

Koprince Law LLC

Webinar: CMS Reverse Industry Day, August 3, 2023, 10:00am EDT

On behalf of CMS (Centers for Medicaid & Medicare Services), the National Contract Management Association (NCMA) and the Professional Services Council (PSC) will host a 90-minute virtual industry-led discussion, with our very own Nicole Pottroff as a presenter. The webinar will provide an in-depth look and interactive conversation regarding CMS procurement protests–the common factors and considerations contractors take into account when deciding whether to protest CMS procurement decisions,

Koprince Law LLC

Koprince Law LLC

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