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Blogs

Happy Friday! Another week in the books and it sure was a busy one! For small business owners, that means celebrating the wins, learning from the challenges, and giving yourself a little credit for everything you managed to get done. This weekend we hope you can take a breath, step away from the emails for a bit, and enjoy some time off. This week in federal government contracting news, stories include a CIO-SP4 post-mortem and new RFO parts being published for comments. Golden Dome
Clear communication with contracting officers and agency officials can help contractors resolve performance issues, negotiate contract changes, and protect valuable business relationships. But missteps can lead to unauthorized commitments, violations of gratuities and conflict-of-interest rules, contract disputes, or protests. In this webinar, government contracts attorneys Nicole Pottroff and John Holtz will debunk common myths about contractor communications, including who has authority to
When do an agency’s communications with an offeror amount to a clarification, and when do they cross the line into a discussion? That’s exactly what this post will discuss and, hopefully, clarify for you. Understanding the distinction between clarifications and discussions is important because the type of communication an agency has with an offeror can affect an offeror’s ability to address issues or make changes to their proposal. A recent GAO decision explores the difference between clarificat
Happy Friday! It’s sunflower season here in Kansas—our state flower—and the sunflowers were at peak bloom over Labor Day weekend. The hot weather didn’t seem to bother them, and it certainly didn’t keep people from coming out to enjoy the beautiful fields this year. It’s a great place to remember how beautiful the world can be. If you have a sunflower field near you, I encourage you to take some time to go see them. As you head into the weekend, here is our roundup of the latest in federal
SBA has apparently (at least to some extent) followed through on its promise to “return” pending individual-owned 8(a) applications today for further applicant revisions to demonstrate social disadvantage. Indeed, we now know at least some (if not all) individual-owned 8(a) applicants got such notification and direction from SBA today. And along with it, they all apparently got a 45-day deadline! Fortunately, along with this action, SBA also provided Volume II FAQs about its social disadvantage
Our readers already know that SBA finally updated its 8(a) Program social disadvantage regulation to reflect SBA’s current policies and application review standards and procedures. And that new rule takes effect today! We previously blogged on this regulatory update here. We also blogged on the corresponding guidance issued by SBA here. In this article, we will take a more in-depth look at the new final rule, its potential implications, and some of the remaining questions it leaves unanswered.
Happy September! We’ve kicked off the month with some very hot days here, but we know the seasons will soon change and cooler fall weather will be here before we know it. We hope you enjoy the long holiday weekend and have plenty of time to relax and spend time with friends and family. Have a wonderful Labor Day weekend and a great start to September!. This week in federal government contracting included important stories related to a continuing resolution to avoid a shutdown, and a report t
As we discussed last week, on August 19, 2026, SBA proposed what can only be described as a complete shift in the paradigm of the small business size standards. In the first part of our review of these changes, we looked at the actual planned size standards themselves and how massive of a jump they represent from the norm. In that post, we also mentioned that SBA is proposing to simplify and combine several NAICS codes, as well as move several NAICS codes from receipts-based to employee-based si
On August 28, SBA released an 8(a) Social Disadvantage Regulation list of Frequently Asked Questions. This guidance provides more details to implement SBA’s final rule to revamp the social disadvantage rule for the 8(a) Program that will become effective on September 10. Here are some key points from this guidance. Background The final rule was issued on August 11, 2026, titled “Reforms to Remove SBA’s 8(a) Program’s Rebuttable Presumption of Social Disadvantage for Individually
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 useful for large and small contractors alike. Government contracts attorney and SmallGovCon contributor, Gregory Weber, will explain the ins and outs of the SBA Mentor-Protégé Program, covering the program’s eligibility requirements, its various benefits (includ
Happy Friday! Somehow, it’s already the end of August. The days are still warm, but we are looking forward to some fall weather and football games. Make sure to enjoy the last days of summer before Labor Day arrives. We hope you have a great weekend. This week in federal government contracting included stories related to the monumental SBA size standard proposal (that we discussed here) and GSA highlighting procurement fraud. GSA, Treasury kick off post-quantum initiatives to prote
Every few years, SBA updates its size standards for small businesses. In most years, these updates, while notable, are not groundshaking, and usually just account for inflation. That cannot be said of the most recent proposed changes. We do not use hyperbole here, but, sometimes, emphatic language must be used. SBA is proposing what can only be described as absolutely massive changes to its size standards for small business contracting. On August 19, 2026, SBA released its proposal for what can
Forming a small business joint venture and utilizing it for federal contracts can at times be quite tedious. Often businesses can feel intimidated by the various required joint venture agreement terms in the SBA’s joint venture regulations and the reporting requirements placed on joint ventures. But complying with the SBA’s joint venture regulations can make or break a contract award, especially if the regulations are made a material requirement of a solicitation. The GAO recently issued an opin
In June 2026, the FAR Council released its first batch of proposed rules in the Federal Register to implement the changes to the Federal Acquisition Regulation (FAR). We recently covered the first of those proposed rules, which amended language in FAR Parts 1, 2, 4, 33, 39, 40, 52, and 53. In this post, we will review how the RFO is being implemented regarding FAR Parts 5, 24, 29, and 52. From a general perspective, it looks like the proposed regulation tracks with the proposed language already
Happy Friday! I recently returned from the 2026 National APEX Accelerator Alliance – NAPEX conference in Orlando. It’s always a great event and this year was no exception. The venue was wonderful and a great space for interacting with many enthusiastic NAPEX counselors and people in the procurement industry. I was able to say hi to a lot of the great NAPEX folks. And I presented on the complex topic of domestic preference rules. Thanks to the NAPEX team for a great event! This week in federa
A catch-22 is an impossible, no-win situation where you are caught between two conflicting requirements, and complying with one makes it impossible to comply with the other. When a bid protest turns on whether an agency’s instructions were clear or whether a contractor was put in a catch-22, the solicitation is often the best place to look for the answer. However, a recent GAO decision illustrates that not every difficult or unfavorable outcome constitutes a catch-22, and that sometimes the answ
Affiliation is a notorious term in the world of federal procurement, especially when it comes to SBA size determinations and appeals. And affiliation analyses can be even more confusing when it comes to joint ventures. A recent SBA OHA decision, however, answered some common questions regarding joint ventures and affiliation. It also reiterated some of the fundamental standards of a size determination and OHA size determination appeal.   At issue in DSC-EMI II, LLC, SBA No. SIZ-6387, 202
Happy end of week to our SmallGovCon readers. Hard to believe, but it’s halfway through August. The heat has been unrelenting, but it has to break soon, right. Arounder here, kids are heading back to school and our college town is buzzing with activity. The school year always brings a new level of energy after the slower pace of summer. It’s one of those times of year that reminds us just how special it is to live in a college town. We hope you are looking forward to a great weekend. This we
Not every participant in the 8(a) Business Development Program is owned by socially and economically disadvantaged individuals. There are also a sizable number of entities that are owned by Native American tribes, Native Alaskan entities, Native Hawaiian organizations, either directly or through other entities (collectively, we’ll call them Tribally-Owned Entities). While the presumption of social disadvantage for 8(a) eligibility for members of certain ethnic and racial minorities was found unc
SBA has issued a final rule to revamp the social disadvantage rule for the 8(a) Program. We wrote about SBA’s proposed rule from June 11, 2026 that would “remove the rebuttable presumption that individuals belonging to certain designated groups are socially disadvantaged and set forth revised standards for individuals establishing social disadvantage.” The SBA has now issued a final rule that would do just that. The rule continues the trend of the Ultima decision in 2023, which ruled that the re
On this episode of GovCon Roundup Live, hosts Carroll Bernard and Steven Koprince welcome special guest Nicole Pottroff, federal contracting attorney and equity partner at Koprince McCall Pottroff LLC, to break down some recent developments that could reshape both programs: The SBA’s June 2026 proposed rule, which would eliminate the rebuttable presumption of social disadvantage for individually owned 8(a) firms and replace it with a demanding, evidence-based standard. The Ending Discri
Happy Friday to our SmallGovCon readers. We hope you are having a great summer and finding some time to get away with family and friends and enjoy some relaxation. I recently spent a week in Colorado with my family and enjoyed some wonderful views and fresh air courtesy of Rocky Mountain National Park. This is the beginnings of the Colorado River, which runs to Mexico. It’s inspiring to know that such a great river starts from such a small stream. We hope you have time for some rest and rela
The SBA’s Mentor-Protege Program (MPP) continues to be one of the most popular programs at the SBA. The MPP is a great way for federal contractors to grow and learn from more experienced contractors, in a way that is shielded from size affiliation risks. Historically, the Mentor-Protege Agreement (MPA) between a mentor and protege was a flexible document that allowed the parties to make sure their participation in the program truly fit their processes and aims in their own words. However, in rec

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