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Blogs

SmallGovCon.com

GAO Sustains Protest Due to Agency’s Inadequate Documentation and Unequal Evaluation of Offerors 

As regular SmallGovCon readers surely know, federal agencies have a great deal of discretion when procuring products and services. Protesters are often facing an uphill battle in attempting to demonstrate an agency abused that discretion in making an award. This is because typically, so long as the agency properly documents its decision making process, sticks to the solicitation terms, and there is documentation in the record that reasonably supports the agency’s decision, GAO will rule in the a
SmallGovCon.com

Breaking: SBA Proposes to Remove Social Disadvantage Presumption for 8(a) Program

SBA is proposing to amend its 8(a) Program rules to “remove the rebuttable presumption that individuals belonging to certain designated groups are socially disadvantaged and set forth revised standards for individuals establishing social disadvantage.” This proposed rule continues the trend that has been building since the Ultima decision in 2023. In 2023, a federal court said that the rebuttable presumption of social disadvantage under the 8(a) is unconstitutional as it violates the right to eq
SmallGovCon.com

SmallGovCon Week in Review: June 8-12, 2026

Happy Friday! We’ve seen a busy storm season lately across the region and the US. It’s that time of year as we transition from spring to summer. Hope all of our readers are staying safe amidst all this weather. It’s also been a busy week in the federal contracting world, with major developments including NIH shutting down its multiple award contracts, and increased focus on AI at GSA and other agencies. As the week comes to a close, read on to stay up to date on some of these stories. This
SmallGovCon.com

Webinar: Mentor-Protégé Agreements, June 25, 2026, hosted by Empire APEX Accelerators

First launched in 2016 as the “All Small Mentor-Protégé Program,” this powerful initiative by the U.S. Small Business Administration (SBA) has evolved—but it remains a game-changing tool for both small and large federal contractors. In this informative webinar, SmallGovCon contributor and government contracts attorney, Gregory Weber, will break down the key elements of the SBA Mentor-Protégé Program. You’ll learn how this program can help small businesses enhance their capabilities and compete f
SmallGovCon.com

Important Exception to “Size at Initial Offer” Rule Dooms Award to Mentor-Protégé JV

As a general rule, when it comes to compliance with a solicitation’s size standard, what matters is the size of the entity at the time it submits its initial offer per 13 C.F.R. § 121.404(a). This is something we’ve seen several times before in other cases. However, that is just the general rule, and there are several exceptions that can change things greatly. Indeed, when it comes to compliance with SBA’s joint venture requirements, we noted earlier this year (in a decision that preceded the on
SmallGovCon.com

Jordan Akins Joins Koprince McCall Pottroff LLC as Associate Attorney and SmallGovCon Contributor!

We are excited to announce that Jordan Akins has joined the firm and will also be a regular SmallGovCon contributor! You can read her full biography here. And check out Jordan’s first post here, discussing SDVOSB status protest best practices. Before joining the firm, Jordan served as General Counsel for the state of Kansas, advising agencies and boards on statutes, regulations, and newly adopted legislation. Her diverse experience in state government helps her break down complex legal issue
SmallGovCon.com

Timing is Everything: The Key to Timely SDVOSB Status Protests

When filing a Service-Disabled Veteran Owned Business (SDVOSB) status protest, timing is critical. A single missed deadline may be the difference between a successful protest and a protest that is never heard. Missing established filing deadlines can result in your protest being dismissed, regardless of how compelling your arguments are. The Small Business Administration (SBA) will enforce these timing rules strictly. In particular, can a contractor ask the agency to simply investigate a company
SmallGovCon.com

Govology Webinar: Ethics in Federal Government Contracting, June 23, 2026

Contracting with the federal government requires companies to operate under heightened ethical and compliance standards. At the same time, competitive intelligence and strategic business development efforts are often critical to remaining competitive in the government marketplace. Understanding where the legal and ethical boundaries exist under procurement law, however, is not always intuitive. In this informative webinar, SmallGovCon contributor and government contracts attorney Nicole
SmallGovCon.com

SmallGovCon Week in Review: June 1-5, 2026

Happy Friday and happy June! We’ve received a lot of rain in our neck of the woods recently, so everything is looking green and lush before the heat of summer sets in. There’s the steady hum of lawn mowers as everyone tries to get the grass mowed in between rain showers and the gardens are growing nicely so far. While the cloudy days and frequent storms can be a little inconvenient at times, it’s hard to complain when everything is looking this beautiful. We’re looking forward to all that June h
SmallGovCon.com

GovCon FAQs: Should I Apply Simultaneously for All SBA Statuses I’m Eligible For?

In September 2024, following a temporary application and system pause, SBA switched over to a new, streamlined and unified application portal. Now, applications for the SBA’s 8(a) Program, HUBZone Program, Veteran-Owned Programs, and Woman-Owned Programs all go through MySBACertifications.Gov. Unlike prior portals and procedures, through this one, those eligible have the option to apply for multiple SBA small business contracting programs simultaneously. But the question is, what are the potenti
SmallGovCon.com

Back to the Drawing Board: SBA OHA Overturns Suspension of 8(a) Contractor

In October 2025, the SBA suspended an 8(a) Program contractor called ATI Government Solutions, LLC (ATI) after suspension under the FAR. ATI appealed the 8(a) suspension, and the decision shows that SBA must still support its actions with adequate evidence, and reasonable argument linked to that evidence. OHA remanded the suspension matter for more documentation from SBA. In ATI Gov’t Sols., LLC, SBA No. BDPT-728 (May 18, 2026), OHA considered the suspension of ATI. SBA had begun an inv
SmallGovCon.com

Federal Circuit Refuses to Apply Stricter Injunctive Relief Test to GAO Stays

We have noted in past posts that, in some cases, it may make sense to protest a solicitation evaluation or award decision at GAO simply to get a stay on the award. This is because, if you meet certain deadlines, a stay of award and performance is automatically placed on the procurement for the duration of the protest. Now, there are circumstances in which an agency can override this stay, but the burden is on the agency to show such an override is necessary. The Federal Circuit confirmed this is
SmallGovCon.com

SmallGovCon Week in Review: May 25-29, 2026

Happy Friday! We hope you had a great week and are finishing the month of May strong. I was recently in Chicago for a family trip. Based on how much people were enjoying the weekend in Chicago, it’s clear that Memorial Day is the kickoff to summer. Summer plans are in full swing, but the news for federal contractors is also busy. This week in federal government contracting news, there were updates on AI reporting, cybersecurity compliance, and an update to the classified information review
SmallGovCon.com

GAO Recommends Practicing Mindfulness When Solicitation Terms Cover Multiple Evaluation Factors

Even if we don’t want to admit it, we all simply click “accept” on all those different terms and conditions for software, despite not actually reading the actual terms. GAO in a recent decision reminded agencies and contractors to not let that habit happen when you read the terms of a procurement. In that recent GAO decision, there was a long history of protests, which resulted in an amendment to the solicitation. At first glance, the amendment and proposal revision restrictions tied to it may h
SmallGovCon.com

SmallGovCon Week in Review: May 18-22, 2026

This Memorial Day, we take time to reflect on the extraordinary courage and sacrifice of those who gave their lives serving our country. Their selfless dedication to protecting our freedoms and defending our nation will always be remembered with the utmost gratitude and respect. We further wish to extend our heartfelt thanks to all veterans and military families who have carried the burdens of service with strength and honor. It is because of those sacrifices we are able to enjoy the liberties a
SmallGovCon.com

Back to Basics: The Government’s SBIR Program

There are many federal contracting opportunities specifically designed to support and benefit small businesses. Most people are already familiar with small business set-aside competitions and direct awards, SBA’s Mentor-Protégé Program, and SBA’s socioeconomic small business contracting programs (i.e., the SDVOSB/VOSB, WOSB/EDWOSB, HUBZone, and 8(a) Programs). But there is still another–albeit less well-known–government contracting program that offers significant benefits to small businesses, pa
SmallGovCon.com

Back to Basics: Novation Agreements (and Name Changes)

Our latest installment of our Back to Basics series explores novation agreements and their related cousin name change agreements. A novation agreement is needed when a contractor is transferring (or assigning) federal government contracts to another company. The government has discretion in approving such a transfer, and this post will explore how that process works. What is a Novation? A novation is governed by FAR Subpart 42.12. “41 U.S.C.6305  prohibits transfer of Government cont
SmallGovCon.com

SmallGovCon Week in Review: May 11-15, 2026

Happy Friday. It’s end of school time in many parts of the country, as students move on a grade or graduate from college. College graduation is a big deal in a college town like ours. Congratulations to all the graduates. And speaking of changes, the federal government contracting world certainly hasn’t slowed down this week. Stories included the large proposed defense budget along with efforts at saving taxpayer money in the defense budget and elsewhere in the federal government. DoD
SmallGovCon.com

Back to Basics: Price Realism vs. Price Reasonableness

As part of federal contracting, the total price of each award is disclosed. This is of course a great way to promote trust and transparency in federal contracting and in the handling of taxpayer dollars. But it also leads to other contractors scrutinizing an awardee’s price and thinking one of two things: (1) “That price is too low to do this work”; or (2) “that price is too high for this work.” Naturally contractors will consider protesting on one of those pricing intuitions, but often mix up h
SmallGovCon.com

Proposed Updates to DFARS Regarding Foreign Ownership, Control, or Influence

It sometimes takes a little time for federal statutes to be reflected in federal regulations. Recent proposed updates to DFARS regarding Foreign Ownership, Control, or Influence (FOCI) is a good example of this. These updates, meant to implement sections of the National Defense Authorization Acts of 2020 and 2021, are meant to mitigate risks related to FOCI or beneficial ownership. Today, we shall explore these updates and what they mean for federal contractors. As a brief refresher, a b
SmallGovCon.com

SmallGovCon Week in Review: May 4-8, 2026

Happy Friday! Mother’s Day is this Sunday, and it’s a good reminder to slow down and thank the moms, grandmas, stepmoms, and mother figures who somehow keep everything moving. Whether you’re planning a get together, making a phone call, sending flowers, or just spending extra time together, we hope they will feel extra special. Happy Mother’s Day! This week in federal government contracting included a focus on fixed-price contracts, an update on 2024 spending, and new regulatory changes.
SmallGovCon.com

EO Maximizes Fixed-Price Over Cost-Reimbursement Contracts

The White House recently released Executive Order 14402 titled Promoting Efficiency, Accountability, and Performance in Federal Contracting (EO 14402). EO 14402 was released on April 30, 2026. This EO requires agencies to use fixed-price contracts over cost-reimbursement wherever possible. Because of its potential impact on federal contractors, let’s walk through the highlights in this post. EO 14402 seeks to solve the problem that “Federal procurement has tolerated unpredictable costs,
SmallGovCon.com

The “Once 8(a), Always 8(a)–or HUBZone, SDVOSB, or WOSB” Rule, Where Are We Now?

For better or for worse, these federal procurement “times they are a-changin’.” One obvious source of recent change is the shiny new FAR 2.0, a.k.a. the Revolutionary FAR Overhaul (RFO). With the government’s widespread implementation of the RFO and its many procurement rule and procedure updates, we at SmallGovCon have tried to cover as much as possible. But we’re talking about an essential rewrite of the decades-longstanding procurement playbook here. So unsurprisingly, there’s still a lot to

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