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Blogs

SmallGovCon.com

Back to Basics: Requests for Equitable Adjustment

As any contractor knows, there is no amount of preparation that can ensure a project goes exactly as planned. And unfortunately, when the unexpected happens, contractors may face increased costs, schedule delays, and other obstacles outside of their control. A request for equitable adjustment (or REA) affords contractors the opportunity to seek compensation or additional time for unforeseen conditions. This post will explore REAs and when to consider using such an approach. What is a Req
SmallGovCon.com

SmallGovCon Week in Review: March 23-27, 2026

Happy Friday! I just got back from a short trip to the Caribbean to enjoy some relaxation with the fam. We saw some incredible fish, rays, and even a sea turtle, while also making some time for reading on the beach. It’s good to recharge the batteries every once in a while and come back raring to go. But federal contracting news never stops. This week in federal government contracting news including a report that the federal government is looking to hire more employees (but maybe cut down o
SmallGovCon.com

“In Scope” vs. “Out of Scope” Modifications: How GAO Explains The Difference

One of the perennially popular topics on SmallGovCon has been the question of what constitutes a modification to a contract that renders that modification “Out of Scope.” This post will explore a leading GAO decision that came out back in 2017, along with some recent updates on this same question. An agency may modify a contract without having to deal with restrictions in the Competition in Contracting Act (CICA), so long as the the modification is deemed “in scope.” An “out of scope” modifi
SmallGovCon.com

RES 2026 Conference: Rising Together, Las Vegas, NV, March 23-26, 2026

The National Center for American Indian Enterprise Development (NCAIED) is Rising Together for the 2026 Reservation Economic Summit. The event features tribal leaders, members of Congress, federal agency representatives, state and local officials, and top CEOs on a national platform. Our very own federal government contracts attorney and SmallGovCon contributor, Nicole Pottroff, is scheduled to be a panelist on the topic of Navigating the New Regulatory Landscape for Native-Owned Federal Con
SmallGovCon.com

GAO Evaluation of CMMC Program and Important Information for Defense Contractors

Back in October and November 2025, with the Department of Defense putting some finishing touches on the Cybersecurity Maturity Model Certification (“CMMC”) Program, we explored the contours of that program and what it means for contractors like you. During this same timeframe, we were not the only ones reviewing the CMMC Program. The GAO also has been in the process of conducting a review of the CMMC Program and recently released its findings. In a report titled, “Defense Contractor Cybersecurit
SmallGovCon.com

SmallGovCon Week in Review: March 16-20, 2026

Happy Friday! Well, March Madness is off to an exciting start! Here at SmallGovCon, we have our brackets locked in and are having a lot of fun talking basketball. If you have a dog in the hunt, we hope you are enjoying the hopeful journey to the championship along with us. There’s nothing quite like this time of year—the buzzer-beaters, the unexpected upsets, and the camaraderie of cheering on your favorite picks. Whether you’re tracking every game or just in it for the fun, we hope you have a w
SmallGovCon.com

GovCon FAQs: My Contract Was Terminated For Convenience, What Do I Do?

“Hope for the best, prepare for the worst” is an adage that many of us repeat in our conversations, but we never expect the worst to actually happen. For federal contractors, one of the worst things that could happen is having a contract terminated–even if the termination is for convenience. Even if you prepare for the worst, the question inevitably becomes, what do I do now? In this GovCon FAQ, we will discuss terminations for convenience and what steps to take after receiving the dreaded termi
SmallGovCon.com

Webinar Announcement: Protests in Federal Contracting: What Contractors Need to Know

Koprince McCall Pottroff LLC partner Nicole Pottroff will be joining the GovCon Roundup Crew to discuss bid protests tomorrow at March 18, 2026 at 1:00 PM Eastern Time. Be sure to join them to learn when a bid protest might be a strategic choice for federal contractors to make, and how to respond to bid protests. Do you know your rights when the government gets procurement wrong? Join Nicole Pottroff, Carroll Bernard, and Steven Koprince on the next GovCon Roundup Live for a 90-minute deep d
SmallGovCon.com

Back to Basics: GSA CTAs

A “GSA CTA” is a special type of Contractor-Teaming Arrangement (CTA) used only for performing Government Services Administration (GSA) Multiple Award Schedule (MAS) contracts. As detailed in FAR subpart 8.4, Federal Supply Schedules (FSS), GSA CTAs provide a unique teaming opportunity solely for MAS contract-holders and a unique teaming structure somewhere in between FAR subpart 9.6‘s two standard federal contract teaming options: subcontracting and joint venturing. Let’s take a closer look.
SmallGovCon.com

SmallGovCon Week in Review: March 9-13, 2026

Happy Friday the 13th…again! This time of year, that Friday feeling hits even better because March Madness is right around the corner. Around these parts, with the original rules of basketball down the road (!), we are looking forward to the onset of March Madness. Even if you don’t have a favorite team, you can always root for your favorite mascot. Enjoy the weekend and here’s hoping your favorite team makes a run for the championship title. And now, this week in federal government contract
SmallGovCon.com

OHA: NAICS Code Should be Diagnostic Imaging, Not Physicians Office

In the world of government contracting, most contractors consider protests in the context of bid, size, or status protests. As we’ve discussed before, however, there is another highly useful tool in the toolbox for contractors: the NAICS code appeal. When leveraged correctly, the NAICS code appeal can be quite effective for small businesses in securing a favorable outcome. That said, a recent SBA OHA decision shows that the burden of proof on a NAICS code protester requires some potentially heav
SmallGovCon.com

SmallGovCon Week in Review: March 2-6, 2026

Happy March! The weather is turning warmer, but also stormier in our parts. We hope everyone is thawing out from winter and enjoying some nicer weather. Please enjoy the articles from the Week in Review, with updates on the FAR overhaul, AI in government, and adoption of CMMC. And note that key US historical documents will making a journey across the US soon, and may come to site near you. The first stop is Kansas City, Missouri, right down the road from us, where the documents will be transferr
SmallGovCon.com

GAO Sustain: Failure to Acknowledge Solicitation Amendment was a Material Defect

Preparing and submitting a bid for a federal procurement requires strict compliance with the solicitation’s instructions. When a bidder fails to comply with these instructions (such as failing to acknowledge an amendment to the solicitation), the bidder may be surprised by the agency’s seemingly harsh decision to eliminate the bidder from award. But if the agency ignores the error and proceeds to award the contract to the bidder, the agency’s decision risks protest of the award from other bidder
SmallGovCon.com

Skin of its Teeth: Mentor-Protégé Joint Venture Survives SDVOSB Status Protest Despite Missing Required Provisions in Joint Venture

For the most part, the rules on joint ventures under SBA are very similar. the various regulations for small business, 8(a), SDVOSB, WOSB, and HUBzone joint ventures are so similar in fact that they are almost identical. But they are not perfectly identical. There are a few quirks that distinguish the regulations from the others, and one such quirk can cost contractors dearly if they are not careful. In today’s post, we will review an SBA Office of Hearings and Appeals (OHA) case in which one SD
SmallGovCon.com

SmallGovCon Week in Review: February 23-27, 2026

Happy Friday! It seems like only last week that the winter Olympics ended (probably because it was last week). That means it is time to look forward to spring. With the buds and grass starting to shoot up, warmer weather is right around the corner. We just have to hold out for a few more weeks. As we wrap up the week in the world of federal government contracting, we hope you can find the time to take a breath and reset this weekend. Key stories this week include awards on large IT contract
SmallGovCon.com

FAR 2.0 Update: Deviations and Current Status

SmallGovCon readers may have read up on recent posts regarding the the Revolutionary FAR Overhaul, or simply RFO. For background, our earlier posts regarding various aspects of the RFO can be found here: Executive Order, Overview of FAR 2.0, FAR Part 6, FAR Part 19, FAR Part 12, FAR Part 15, FAR Part 33. While the drumbeat of new FAR part revisions ended in October 2025, the RFO has not gone away. In fact, it’s kind of the opposite. The RFO revisions have now been adopted by many federal age
SmallGovCon.com

SmallGovCon Week in Review: February 16-20, 2026

Happy Friday! After a stretch of surprisingly mild winter days, that brisk north wind rolled in yesterday and reminded us that it’s still February. Brrr! We were crossing our fingers that the groundhog’s prediction wouldn’t hold up this year and that spring would make an early appearance. Judging by today’s chill, though, it seems he may have been correct after all. We hope your week has been a productive one and that you’re keeping cozy in your corner of the community. Take a moment to rela
SmallGovCon.com

Federal Court: Temp Workers Count As Employees Under SBA Rules

Small business size for federal procurement can be measured based on receipts or employee counts. Some small business procurements are set aside for small businesses as determined by the employee counts of those businesses, as opposed to the more common receipts based size-standard. SBA size rules, in turn, define what is an employee for those size standards that use employee counts, including whether temporary workers must be included in the employee count. Employee counts were also utiliz
SmallGovCon.com

GAO: No Notice of New Opportunity Needed for Incumbents

Often Incumbents on a contract feel that the agency owes them some notice on when a new procurement for the work they are performing is published. While this may happen in practice, it is yet another occurrence in Federal contracting that, while common, is not a requirement. GAO recently examined whether an incumbent in frequent contact with and in current performance with an agency should have been given direct notice that the work it had been performing was being re-solicited. Plainly put, GAO
SmallGovCon.com

SmallGovCon Week in Review: February 9-13, 2026

Happy Friday the 13th! We hope your day is off to a lucky start and that everything is running smoothly. As a quick reminder, Valentine’s Day is tomorrow—so if it slipped your mind, there’s still time to grab some chocolate and flowers (and maybe avoid any Friday the 13th surprises!). Valentine’s Day Fun Facts: The Oldest Valentine: The oldest known valentine was a poem written in 1415 by Charles, Duke of Orleans, to his wife while he was imprisoned in the Tower of London. Teachers
SmallGovCon.com

Why File: A Refresher on Challenging Solicitation Terms in a Pre-Award Protest

It is not uncommon for a disappointed bidder to consider filing a protest only after the agency has issued the award. While this is understandable, sometimes the basis for protesting stems from a misunderstanding of the solicitation’s terms, or that the terms felt unreasonably restrictive. However, unfortunately for the eager protester, it is by that point generally too late to challenge the terms of the solicitation. In a previous blog, Why File: A GAO Pre-Award Protest, we provided an over
SmallGovCon.com

SmallGovCon Week in Review: February 2-6, 2026

Happy Friday! It’s time for another week in review. There was a lot happening across the federal government this week, as you can see from the long list of articles included below. We hope you have a chance to sit back, relax, and catch up on everything that unfolded. Have a wonderful weekend in your neck of the woods. This week saw stories on ending the government shutdown, new spending bills, and cybersecurity. VA’s National Cemetery Administration earns top customer satisfactio
SmallGovCon.com

OHA Reminder: Compliance with SBA Joint Venture Requirements is Determined at Final Proposal Revisions

In most size and status protests, SBA’s Office of Hearings and Appeals (OHA) will determine an offeror’s eligibility for a procurement as of the date of initial offer including price for that procurement. Indeed, with regards to SDVOSBs and VOSBs specifically, 13 C.F.R § 134.1003(e)(1) states that “[i]f the VOSB or SDVOSB status protest pertains to a procurement, the Judge will determine a protested concern’s eligibility as a VOSB or SDVOSB as of the date of its initial offer or response which i

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