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Blogs

SmallGovCon.com

Switcheroo – FAR Change Allows Agency to Amend Solicitation to Broaden Eligibility for Procurement 

This past November, we observed a change in the rules regarding SAM registration requirements for procurements. Prior to this rule change, both GAO and the Court of Federal Claims (COFC) had found that the FAR requires offerors to maintain SAM registration throughout the evaluation period for a procurement. With the rule change, FAR 52.204-7 (the regulation at issue) now only requires that an offeror be registered at the time of offer submission and at the time of contract award. A lapse in SAM
SmallGovCon.com

Why File: A Once 8(a), Always 8(a) Protest

As our SmallGovCon readers might know, the SBA’s 8(a) Business Development Program is often thought of as the golden goose of federal government contracting, at least for small businesses. And it’s true, in some respects. While it is the most difficult of the SBA’s socioeconomic programs to gain admittance to, if admitted, you stand to reap large benefits such as access to competitive and sole-source contracts. And another SBA rule limits the ability to move contracts away from 8(a) Program set-
SmallGovCon.com

SmallGovCon Week in Review: May 12-16, 2025

Happy Friday! You’ve made it through another week, and your reward is the Week in Review. This week saw some interesting stories: VA is getting a new top watchdog, there is a new budget proposal, and GAO is highlighting over $100M in potential savings from consolidating IT systems. You can read more about these topics in the articles below. Have a great weekend! Trump picks senior VA advisor to serve as top department watchdog White House budget plan gives 4% boost for VA amid other
SmallGovCon.com

Help Please: SBA Asking for Input on Mentor-Protege and Joint Venture Issues

SBA has indicated that it will be holding a tribal consultation meeting in June. Among the topics to be discussed will be the 8(a) Program and SBA Mentor-Protege Program and joint ventures. This request is interesting because it reveals a little bit about what the SBA is thinking with regards to the Mentor-Protégé Program and joint venture issues. While it is especially relevant for entity-owned 8(a) Program firms, it is also revealing for other small businesses. Here are a few key compo
SmallGovCon.com

ChatGPT is Not Your Lawyer (Even If it Sounds Like One), Recent GAO Case Confirms

The world of Artificial Intelligence (AI) is a growing topic that many are eager to share their opinions on. There are people excited to witness this advancement of technology and are eager to implement AI programs into their lives and/or businesses to optimize efficiency. Others are uneasy about the advancements of AI, fearing replaceability or changes in the workforce. Or, there are those who have read one too many science fiction novels and believe that this is the beginning of the end.  
SmallGovCon.com

SmallGovCon Week in Review: April 5-9, 2025

Happy Friday and Happy Mother’s Day weekend! Mother’s Day is a time to celebrate the incredible strength, love, and dedication that mothers show every day. Take a moment to say thank you, share a memory, or simply let her know how much she means. This week in federal government contracting news included stories about the upcoming federal budget and updates to the National Defense Strategy. White House eyes reconciliation to get 2026 budget increase The Latest: White House unvei
SmallGovCon.com

No More HUBZone Price Preference for Most Mentor-Protege Joint Ventures

An advantage of being a HUBZone Program contractor is the aptly-named HUBZone price evaluation preference. The possibility of utilizing that price preference has been a great reason for contractors to form joint ventures with HUBZone businesses. However, contractors need to be aware that SBA has effectively eliminated the usage of price preference within certain joint ventures. The HUBZone Program is one of the many socioeconomic certifications administered by the SBA, with many advantag
SmallGovCon.com

SBA Defines “Offer” for Purposes of 180-Day Rule After Small Business Acquisition

SBA and the FAR contain rules governing a situation where a small business is purchased by another entity and becomes a large business. SBA has recently updated those rules in a new regulation found at 13 C.F.R. § 125.12. In particular, there is a special scenario where a small business has submitted an offer on a small-business procurement and then is acquired within 180 days after that offer. But how does SBA define an “offer”? A recent SBA decision answers that question. In Secise, LL
SmallGovCon.com

Govology Webinar Announcement! Small Business Size Standards and Affiliation: Lessons for Every Federal Contractor, May 15, 2025, 1:00pm EDT

For small business set-aside contracts, including socioeconomic set-asides like the 8(a) program, a federal contractor must meet the SBA’s size standards. These size standards vary by industry and solicitation and are based on either average annual receipts or the number of employees. But size alone doesn’t tell the whole story. Many small businesses are surprised to learn that they could be deemed affiliated with other entities based on factors such as ownership, management, family relationship
SmallGovCon.com

SmallGovCon Week in Review: March 24-28, 2025

Hello! It’s Friday and time for another week in review. This time of year brings both the ripping up of March Madness brackets and the opening day of baseball–hope springs eternal! And for non-sports ball folks, we hope that spring is bringing all of our readers both renewed energy and productivity. This week saw a number of interesting stories, including proposed consolidating of procurement with GSA and changes to GSA schedules, along with updates on termination of some contracts.
SmallGovCon.com

OHA Says: Show me the Money! (in Ostensible Subcontracting Review)

Size and status protests, which are reviewed by the SBA’s Office of Hearings and Appeals (OHA), are far less common than GAO protests which protest an evaluation aspect of a solicitation or award. But when they are used they can be a powerful tool to keep contracting dollars intended for small businesses to stay with small businesses. In the case of Winergy, LLC, OHA takes a look at an award intended for SDVOSBs, to determine if the awardee is in compliance with the ostensible subcontractor rule
SmallGovCon.com

Webinar Event! Top 21 Legal Mistakes in Federal Government Contracting, April 9, 2025, 11:00-12:00pm CDT

Federal contracting rules and laws are complicated, and the rules aren’t always intuitive. Many contractors make legal mistakes routinely, involving everything from completing SAM profiles to calculating small business size to communicating with government contracting officers. Federal government contracts attorneys, Shane McCall & Annie Birney of Koprince McCall Pottroff, will discuss the top 21 most common legal mistakes that contractors make time and time again. You will learn what these
SmallGovCon.com

SmallGovCon Week in Review: March 17-21, 2025

Happy Spring! It’s been a long, cold winter here in the Midwest. But we are starting to see many signs of spring this week. I just got back from a spring break trip to Gulf Shores and Fort Morgan, Alabama and this picture was taken on the beach there. It was a great time to recharge the batteries so I could get back to staying up to date on federal contracting news. This week in federal government contracting news saw stories including consolidating a number of multiple award contracts under
SmallGovCon.com

A Look at the Duty of Good Faith and Fair Dealing (Part 1)

The duty of good faith and fair dealing in contract law is, admittedly, a bit poorly named. It does not require that a party act in bad faith to breach it. You do not need to act nefariously to run afoul of it. But then the question arises: What is it? How does one breach it? This was (among other things) a question explored in a recent Court of Federal Claims decision regarding an Small Business Innovative Research (SBIR) contract. We will look at that decision’s review of the duty of good fait
SmallGovCon.com

Dealing with Contract Alterations and Modifications Due to Changes in the Administration

There are many questions facing contractors during this time of change and disruption based on new initiatives from the Trump Administration and the impact on the federal government’s role buying from federal contractors. One of the biggest questions is what can be done if the government modifies a contract, cancels work, or reschedules the performance of work. In that situation, it’s important to understand both the impacts on the prime contractor and any subcontractors. Here are some
SmallGovCon.com

SmallGovCon Week in Review: March 10-14, 2025

Happy Friday. Hope everyone had a great week. We wanted to share an announcement this week that WIFCON.com is back. Posted from the website: “Wifcon.com was created by Robert (Bob) Antonio 26 years ago. Operated and maintained solely by him and at his own expense, the website has provided a free, reliable, and invaluable source of information and means of communication and commentary to the acquisition community, both public and private for 26 years. Sadly, Bob died on November 24, 2024, after a
SmallGovCon.com

NAICS Code Appeal Still a Powerful Tool

When contractors think of protests or litigation related to federal contracting, likely their thoughts go to a bid protest or a size protest. Additionally, when thinking of protesting prior to bids being due, the focus generally is on the wording and provisions of a solicitation. However, contractors should not forget how powerful a tool a NAICS code appeal could be for small business procurements. A recent brief decision in a NAICS code appeal serves as reminder of how useful a simple NAICS cod
SmallGovCon.com

Spell it Out for Me: OHA Finds Joint Venture Agreement Compliant When Reviewed with Operating Agreement

When an SBA approved mentor and protégé create a joint venture to pursue contracts set-aside for small businesses, SBA requires the mentor-protégé joint venture agreement to contain the requirements found in 13 C.F.R. § 125.8(b)(2). But how closely does the joint venture agreement have to match the language of these required provisions in order to be found complaint? In DecisionPoint-Agile Defense JV, LLC, OHA considered whether the language in a joint venture’s operating agreement (OA) can
SmallGovCon.com

SmallGovCon Week in Review: March 3-7, 2025

Hello, blog readers and happy Friday. Can you believe it’s already March? In just a few short weeks, spring will (finally) be here! Hooray! With all the snow we had, we are definitely looking forward to warmer temperatures and to getting outside more. We hope that you’re gearing up for a nice weekend. But before you do, let’s take a look at the-week that was. In this edition of the Week in Review, articles discussed the continued reshuffling and closing of government agencies and offices and
SmallGovCon.com

GAO: Agency Must Recognize Novation as Part of Pending Offer

A recent bid protest decision examines the effect of a novation on a pending procurement. After a complicated procedural history, GAO said that an agency must take into account a corporate transaction and novation, even if the agency wasn’t aware of the novation at time of proposal submission. In DecisionPoint Corporation- f/k/a Emesec Inc., B-422245.5 (2024), the Air Force sought cyber protection and engineering support under the GSA VETS II contract. The solicitation required proof of
SmallGovCon.com

Res 2025: Beyond Boundaries Conference, Las Vegas, Nevada, March 10-13, 2025

The National Center for American Indian Enterprise Development (NCAIED) is going Beyond Boundaries for the 2025 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 Building and Maintaining a Compliant Company, at this year’s
SmallGovCon.com

SmallGovCon Week in Review: February 24-28, 2025

Happy Friday! Tomorrow is the first day of March and you know what that means if you are a college basketball fan. March Madness! Start thinking about your bracket strategy and let the games begin! Have a great weekend. This week in federal government contracting saw GSA deviations to procurement policies, canceled contracts, and a new SBA administrator. GSA Announces ‘Deviations’ in Procurement Policies Presidential Memo Calls for More Disclosure on Canceled Spending Change
SmallGovCon.com

Confusion About the Nonmanufacturer Rule: When Does it Apply?

One of the rules we get asked about the most as government contracts attorneys is what’s known as the nonmanufacturer rule, 13 C.F.R. § 121.406 (So much so that we felt it wise to go over the rule in one of our “Back to Basics” posts to help clear some things up). It’s pretty understandable why: It has numerous provisions, exceptions, and requirements that can make it pretty difficult to follow. It also shows up in two different regulations: 13 C.F.R. § 121.406 as mentioned above, as well as FAR

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