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Govology Webinar: An Introduction to Government Small Business Certifications (2023 Update) July 25, 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 providing a big-picture overview of small business certifications in the government marketplace. In this webinar, you will learn about various federal small business certification programs, including Small Business Self Certification, Small Disadvantaged Business (SDB) & 8(a), Service-Disabled Veteran-Owned Small Business (SDVOSB), Veteran-Owned S

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: July 10-14, 2023

Happy Friday! Our SmallGovCon authors and attorneys were busy this week. Aside from our normal updates, Nicole Pottroff and John Holtz presented a 3-Part Series for Govology, this week, on compliant and effective teaming agreements, joint ventures and subcontracts. This is always a popular webinar and there was a lot of great information shared as well as a lot of great questions. If you were not able to attend, please check out Govology’s upcoming webinar events at Govology.com. It’s a wonderfu

Koprince Law LLC

Koprince Law LLC

First OHA HUBZone Appeal Debuts on the Docket

It’s here–the first ever SBA Office of Hearings and Appeals (OHA) HUBZone appeal decision! Sure, it is a very short decision and a dismissal–in fact, one reiterating some of the limitations of the new appeal avenue. But that doesn’t make it any less important. This is still SBA OHA’s first ever HUBZone appeal decision, only made possible by the SBA’s recent issuance of a new rule allowing HUBZone appeals (again, in limited circumstances). Let’s take a closer look. That’s right! The SBA’s

Koprince Law LLC

Koprince Law LLC

Clock Now Ticking on Federal Contractor TikTok Ban

Federal contractors, be sure to ask your kids or a young person what TikTok is (if you don’t already know), because those providing services to the federal government now have to take steps to ban it from employee’s devices in certain situations. A recent FAR rule has now implemented Congress’s ban on use of TikTok on government devices. The Consolidated Appropriations Act, 2023, enacted the No TikTok on Government Devices Act (the Act) and OMB provided additional implementing guidance.

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: July 3-7, 2023

Happy Friday! We hope you had a nice 4th of July and a great week. It was another scorcher here in Kansas, on the 4th, but thankfully our temperatures are much cooler to finish out the week. Here’s hoping you can find time to rest and relax this weekend and perhaps, read a few articles we thought were interesting from the federal government contracting world. Enjoy! In this week’s edition, the federal fiscal fourth quarter is upon us! Busy federal fourth quarter to bleed into just a

Koprince Law LLC

Koprince Law LLC

The Thaw: Dealing with the End of the HUBZone Map Freeze

Well, summer is certainly here. You only need to step outside to be able to tell. And with the arrival of summer, the long-awaited end to the HUBZone map freeze just occurred on June 30, 2023. The new map took effect the following day, July 1, 2023. If you’re in the HUBZone program, or are considering certification in the HUBZone program, you might have some questions as to what this means for you. In this post, we’ll explore what the changes will bring. In the 2018 National Defense Auth

Koprince Law LLC

Koprince Law LLC

SmallGovCon Featured on Legally Contented Podcast

If you are in to podcasts, law firm blogs, or legal marketing, check out my appearance on the Legally Contented podcast with Wayne Pollock. Here is the YouTube version, and below are links to the audio podcast on your format of choice. In this podcast, we discuss how blogging can make attorneys better attorneys balancing breaking news-type blog posts with substantive blog posts–and lots more. It was a great experience discussing SmallGovCon with Wayne. Hope you enjoy it. https://podca

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: June 26-30, 2023

Happy Friday! We hope you have had a productive week. We are having a heat wave here in Kansas, with the heat index getting up to 106 degrees, and we know it’s even higher in other parts of the country. I think I speak for everyone here when I say we are grateful for air conditioning. We hope you are staying cool and healthy in your neck of the woods and looking forward to the weekend. This week in federal government contracting news saw movement on the 2024 NDAA as well as calls for enhanc

Koprince Law LLC

Koprince Law LLC

Govology Webinar: Compliant and Effective Teaming Agreements, Joint Ventures & Subcontracts – 3-Part Series (2023 Update) July 11-13, 2023, 1:00pm EDT

For large and small contractors alike, teaming agreements, joint venture agreements, and subcontracts can be essential to winning and successfully performing federal government contracts. In this three-part series, government contracts attorneys Nicole Pottroff and John Holtz will explain how to develop, negotiate and administer agreements that are both compliant and effective. The presentations will cover both the key rules (such as flow-downs and ostensible subcontractor affiliation) and best

Koprince Law LLC

Koprince Law LLC

Recent NAICS Code Appeal Demonstrates Contractor Strategy to Limit Competition

While every federal government contractor is likely familiar with bid protests, whether directly involved in one or not, it is far less likely that those same contractors are as familiar with NAICS code appeals. This is probably due to the infrequent nature of NAICS code appeals, with roughly 20 being filed each year. However, even if so few are filed annually, they tend to have a relatively high success rate, with appeals decided on the merits being decided in favor of the Appellant about 50% o

Koprince Law LLC

Koprince Law LLC

Koprince McCall Pottroff LLC Announces Gregory Weber as Senior Associate Attorney!

Koprince McCall Pottroff LLC is a premier small business and federal government contracts firm in Lawrence, Kansas. The management team is pleased to announce that Gregory Weber has been promoted to the role of Senior Associate Attorney. Greg quickly integrated himself into the fabric of our firm, and working with federal contractors has become second nature to him. In response to the announcement, Greg said, “I am thrilled to be given this opportunity to further help our clients and work wi

Koprince Law LLC

Koprince Law LLC

GAO: Each JV Partner’s Experience Must Be Considered

A common path for many federal contractors to bid on and perform a federal contract is through a joint venture (“JV”). Utilizing a JV can provide some great opportunities for two (or sometimes more) businesses to share resources and boost each others’ performance on a contract. Additionally, it can be a great tool for contractors to utilize both JV partners’ experience and to jointly gain more experience. There are even widespread SBA regulations requiring agencies to “consider” both JV partners

Koprince Law LLC

Koprince Law LLC

Event Announcement: Procurement & Contracting Symposium hosted by Texas El Paso APEX Accelerators, July 25, 2023

I’m very excited to be speaking at the Procurement & Contracting Symposium held at EPCC Administrative Services Center (ASC) in El Paso, Texas on July 25.  The wonderful Pablo Armendariz is putting this one together. I’ll be providing a comprehensive update on the most important government contracting legal changes. It’s going to be a great opportunity for Federal, state, and local government agencies, buyers, prime and subcontractors, suppliers, providers, and the regional business com

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: June 19-23, 2023

Happy Friday and happy Summer Solstice! It’s officially summer and the temperatures here in Lawrence, Kansas sure feel like it. We have been in the 90’s this week and we are certainly grateful for air conditioning (and maybe even looking forward to winter). We hope our readers have some fun summer vacation plans and find time to rest and relax a bit this weekend. Wear your sunscreen and stay hydrated! In federal government news this week, budget talks and the draft NDAA are being worked on,

Koprince Law LLC

Koprince Law LLC

SBA Revisions to the “Two-Year Rule” for Joint Ventures: a Reminder to Read the Entire Rule

SBA recently revised its affiliation regulations in a number of ways, some of which we have already discussed here. We have likely sounded pretty upbeat about most of SBA’s recent updates thus far, as the majority do seem to be a step in the right direction–adding clarity to SBA’s rules and furthering the policies SBA seeks to enforce. Well, not trying to rain on any parades here, but at least one of SBA’s recent regulatory updates, (at least in our humble opinion) has the potential to confuse f

Koprince Law LLC

Koprince Law LLC

Event: SBA Mentor Protege Program Webinar hosted by Texas El Paso APEX Accelerators, June 27, 10:00am-11:30am MDT

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 powerful for large and small contractors alike. In this course, Koprince McCall Pottroff LLC government contracts attorneys Stephanie Ellis and I will explain the ins and outs of the Mentor-Protégé Program, covering the program’s eligibility requirements, its po

Koprince Law LLC

Koprince Law LLC

Clarity is Key: An Example of Why Clear Language is Important for Showing SDVOSB Control

While SBA has taken over SDVOSB certification from the VA (along with some other rule changes), some things remain the same. One thing which we think will never change, is that making sure the language in your agreements is clear, is vital for the federal contractor (and indeed all businesses). While this is obvious for things like operating agreements and bylaws, documentation like meeting minutes should be clear as well. In a recent appeal of a denial of SDVOSB certification, a company had to

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: June 12-16, 2023

Happy Friday! Monday is our newest federal holiday, Junteenth. Courtesy of History.com, Juneteenth (short for “June Nineteenth”) marks the day when federal troops arrived in Galveston, Texas in 1865 to take control of the state and ensure that all enslaved people be freed. The troops’ arrival came a full two and a half years after the signing of the Emancipation Proclamation. Juneteenth honors the end to slavery in the United States and is considered the longest-running African American holiday

Koprince Law LLC

Koprince Law LLC

Exception to the Rule: Evaluating Price at IDIQ Versus Order Level Is a Limited Exception

A recent COFC decision yielded some important insights about government contracting. We already wrote about some joint venture aspects of the decision. But the decision also touched on whether GSA’s solicitation violated federal procurement law by excluding price as an evaluation factor at the indefinite delivery indefinite quantity (IDIQ) level for a procurement. In the SH Synergy, LLC v. United States, No. 22-CV-1466 (Fed. Cl. Apr. 21, 2023) decision, the Court of Federal Claims took a

Koprince Law LLC

Koprince Law LLC

Limitations on Subcontracting: Partial Set Asides

Subcontracting is a hot topic in the federal government contracting world. Large businesses placing bids on federal procurements are often required to have a small business subcontracting plan, while small businesses are limited to exactly how much work they can subcontract out. The FAR and SBA rules contain the details relevant to small businesses’ limitations on subcontracting. These regulations are, in general, pretty straightforward. Well, at least when it comes to total small business set a

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: June 5-9, 2023

Happy Friday, Readers! As temperatures climb in this now official Kansas summer, so does federal government spending. But with more spending, comes more responsibility. A lot has happened this week! The FAR council proposed to ban TikTok for contractors. NASA is planning some extensive tech development, with the help of small businesses. And NOAA issued a massive $8 billion RFP for scientific and professional services acquisition. Enjoy the articles below and your weekend! Now that the

Koprince Law LLC

Koprince Law LLC

Event: Ethics in Federal Government Contracting Webinar hosted by Govology, June 15, 1:00pm EDT

Uncle Sam only wants to do business with ethical contractors — and not all of the government’s ethics rules are intuitive. In this webinar, government contracts attorney, Nicole Pottroff, explains the ins and outs of the key ethics rules contractors should know, including organizational conflicts of interest, contingent fees, collusion, gratuities, the False Claims Act, and the Procurement Integrity Act. The presentation concludes with an in-depth look at what a compliant Ethics Plan and Interna

Koprince Law LLC

Koprince Law LLC

Back to Basics: Status Protests

In the world of Federal Government Contracting, it often feels like there are 20 different ways that your business or your business’s awards can be protested. In addition to size protests and bid protests (at both GAO and the COFC), there is also what is commonly referred to as a “status protest.” A status protest, while certainly less common than size protests and bid protests, still presents its own unique factors, procedures, and corresponding risks that contractors should be aware of. In thi

Koprince Law LLC

Koprince Law LLC

GAO Sustains Protest to GSA Strategic National Stockpile Acquisition Based on Agency’s Failure to Conduct Meaningful Discussions

GAO recently sustained a bid protest to a General Services Administration (GSA) acquisition for warehousing and deployment services at the strategic national stockpile–a literal “stockpile” of the nation’s largest supply of critical pharmaceuticals, medical equipment and supplies, and emergency supplies. GSA issued this solicitation and conducted this acquisition on behalf of the Administration for Strategic Preparedness and Response (ASPR), an operating agency of the Department of Health and Hu

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: May 29- June 2, 2023

Happy Friday! We hope you had a great week and can take time to enjoy your weekend. We’ve been receiving a lot of rain here in the Midwest lately. The rain gauge was completely full and topped out at 4 1/2″ in a 12 hour span of time, this past week. Everything outside is looking beautiful and I’m guessing there will be a lot of lawn mowing going on this weekend. We’ve included several articles that hopefully provide some good information concerning federal government contracting this week.

Koprince Law LLC

Koprince Law LLC

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