In Fiscal Year 2022, 1,595 bid protests were filed with GAO. While that seems like a large number, it pales in comparison to the number of federal contracts the federal government awards in a given year. On average, the government awards over 11 million contracts per year. That’s a lot of acquisitions that are not subject to any feedback from outside the agency. But things might change now with the new rule that the FAR Council enacted. Today, we’ll take a look at what this entails.
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Happy Friday, Readers. We hope you have had a great week and are looking forward to the weekend. Talk around the proverbial water cooler, this week, has been about the possible government shut down. On midnight, September 30th, fiscal year 23 will come to an end. Apparently, if certain things aren’t passed by Congress and signed by the President, the new fiscal year will start with a shutdown, and that has a lot of government contractors nervous.
We have included some articles on this topic
It’s a tale as old as time, and I’m not talking about “Beauty and the Beast.” I’m talking about an offeror who failed to comply with the registration requirements in FAR 52.204-7. What’s FAR 52.204-7? It’s the FAR provision that requires, among other things, all offerors to be registered in the System for Award Management, or SAM as it is better known. And, as we have seen many times before, there is no way around this rule. Often, failure to be registered in SAM limits an offeror’s eligibility
Happy Friday, Readers. We hope you had a great week. We are starting to get a little fall weather around these parts, which is exciting. Fall has also brought the prospect of a potential government shutdown and what the impact will be, as reflected in some of these articles. The budget process is complicated, so we are all waiting to see how it shakes out.
We’ve also included some other articles on topics such as OASIS+ and cybersecurity, we hope will be of interest to you below. Have a gre
As we have previously written about in several recent 8(a) articles and updates, which can all be found on our 8(a) landing page here, SBA had previously told all 8(a) participants not pending an 8(a) award to “sit tight” and wait for the go-ahead to submit their social disadvantage narratives. Well, according to SBA’s just-released Certify Help Desk Guidance, it appears that go-ahead was just given to all the (justifiably) anxious 8(a) participants out there hoping to confirm their continued 8(
There is a saying that sometimes to go forward, you have to go back first. In August, the Department of Labor (“DOL”) published a final rule that will update the Davis-Bacon Act, with some methodologies previously abandoned. Unsurprisingly, this final rule focused on enforcement of labor standards, and was quite lengthy (numbering in the hundreds of pages). Despite it’s voluminous size, there was one major change that federal contractors will find of interest, a change to the method of determini
Steven Koprince, Govology Legal Analyst and retired founder of Koprince McCall Pottroff will be presenting this webinar which covers the Foreign Ownership, Control or Influence (FOCI) Rules for Federal Contractors, including which contracts are subject to FOCI rules, how does the government evaluate whether a contractor is operating under foreign ownership, influence, or control, what responsibilities does a contractor or potential contractor have to identify and report FOCI concerns, and more
Happy Friday! We hope you enjoyed the nice long weekend. After this long heatwave, we’ve been enjoying the cooler weather this week, here in Kansas. I think it’s safe to say that most everyone is ready for fall.
There was a lot of activity this week in federal government contracting. We have included some articles that we hope will be of interest, including updates on the 8(a) Program, and a lot of changes on the IT front for federal agencies. Enjoy the weekend!
SBA program upended
Our very own Nicole Pottroff was featured in the Washington Post yesterday, in an article titled: “SBA program upended in wake of Supreme Court affirmative action ruling.” This article covers SBA’s 8(a) Program and its recent changes, as well as the federal court decisions that sparked the changes and some of the more widespread concerns moving forward. As you probably know as one of our readers, the 8(a) Program has always been a subject close to our hearts here at SmallGovCon. We have been for
I’m excited to announce that I will be presenting at Senator Ernst’s Entrepreneur Expo in Ames, Iowa. This is a wonderful opportunity for Iowa’s small businesses to learn about government contracting and federal innovation programs. This event will feature successful small business speakers, multiple information sessions with procurement experts, and networking opportunities with federal, state, and local agency officials. I’ll be discussing both the SBA Mentor-Protégé Program and small busines
For large and small contractors alike, teaming agreements are often essential to winning and successfully performing federal government contracts. Many agencies are (increasingly) requiring teaming agreements for a prime contractor to rely on subcontractor experience, qualifications, or resources. Even where a teaming agreement is not required to compete for a contract, it can still significantly reduce the likelihood of disputes during contract performance. So it is easy to see why teaming agre
Join this webinar as John Holtz and I explore the pivotal role of NAICS codes in determining eligibility for SBA’s exclusive small business set-aside contracts. Recent revisions in size thresholds, size calculations, and industry classifications within the latest NAICS manual have reshaped the landscape. We’ll also discuss NAICS codes appeals, which can be a powerful tool. Register here.
The post Govology Webinar: Cracking the Code: NAICS Essentials for Government Contractors, September 12, 20
SBA administers four socioeconomic programs: Service-Disabled Veteran-Owned Small Business (SDVOSB), 8(a) Business Development Program (8(a)) Women-Owned Small Business Program (WOSB) and HUBZone. The SDVOSB, 8(a), and WOSB programs all require that the key owner generally have control over the long-term decision-making and the day-to-day operations of a company. These same rules apply to the veteran-owned small businesses program (VOSB) as well. A recent decision from the Office of Hearings and
Happy Friday! We always know it’s almost Labor Day when the sunflower fields start blooming in Kansas. They hold a special place in our hearts because they are the state flower. People come from miles around to visit and photograph the beautiful fields each year. I mean, how can you not smile when you see a sunflower, right?
We hope you have some fun plans for the long Labor Day weekend and if you have a bit of spare time, we have provided some interesting articles on what’s happening in fe
While some federal contractors have (understandably) been focused on the court decision that found the 8(a) Program’s rebuttable presumption of social disadvantage for members of certain racial minorities unconstitutional, the SBA doesn’t just operate the 8(a) Program. It has to look out for all small businesses in America as well. In connection with this obligation, the agency recently released a new web application that allows visitors to discover a great deal about federal small business awar
It’s no secret that the 8(a) federal government contracting world has been in a bit of an upheaval this summer. When the Eastern District of Tennessee published its decision for the Ultima Services Corporation case, small business federal contractors everywhere began scrambling to keep up to date on how various agencies would react. We here at SmallGovCon have been keeping up to date on the developments as they happen. This time, we have more information on how the Ultima Services Corporation ca
As you likely know if you have been anywhere around federal government contracting lately, the SBA’s 8(a) Program is in a little bit of an upheaval. Due to a court case we have blogged on, SBA is subject to a court order with how it administers certain aspects of the 8(a) Program and has temporarily suspended new 8(a) Program applications. However, there are many contractors already in the 8(a) Program that SBA is now asking to complete social disadvantage narratives to allow for continued eligi
We at SmallGovCon are trying to get back into the routine of school. Pick-ups, drop-offs, practices, and clubs–it’s a lot. And the government is also ramping up activity a bit as it prepares for fiscal year end and what usually is a big rush of contract awards. With that in mind, check out the latest news, including SBA’s social disadvantage requirements, cybersecurity, and potential changes from a defense procurement commission. Have a great weekend.
A court ruling is forcing small bus
We are pleased to announce that the Second Edition of the GovCon Handbook, SBA Small Business Size and Affiliation Rules, is now available!
Is your small business really small? When it comes to federal government contracts, the answer can be a lot more complex than it sounds.
In this GovCon Handbook, government contracts attorneys provide an in-depth look at the size and affiliation regulations for federal contractors. Written in plain English and packed with easy to understand example
To keep federal contractors apprised of recent decisions affecting the 8(a) Program, we are launching the 8(a) Contractors’ Toolkit. The goal is to provide relevant and useful information for government contractors about eligibility, contract requirements, and best practices. We are here to help federal contractors navigate the rapidly changing waters of the 8(a) Program.
Check back regularly as we cover various topics bearing on federal contractors currently participating in or hoping to ga
Writing a social disadvantage narrative for application to SBA’s 8(a) Business Development Program has always been an arduous undertaking–to say the least. And up until a recent Federal District Court decision (which we blogged on here), only a small portion of 8(a) Program applicants had to submit this time-consuming, highly personal, difficult task. But now (as discussed in the above-linked blog and in this blog on SBA’s recent actions in response to the decision), this requirement is being ex
As you likely know, there are some major changes going on in the SBA’s 8(a) Business Development Program. And like many, I am sure you have a lot of questions—given the fact that these changes are being implemented right now without a published final rule explaining the details, limitations, and new requirements. While we may not have a rule, we have been closely following any and all SBA guidance on the matter as it has released. And as usual, we are here to pass that valuable information along
Steven Koprince, Govology Legal Analyst and retired founder of Koprince McCall Pottroff (and all around cool dude) will be presenting this webinar which covers the Ins and Outs of the DPA Title III Agreement, including which contractors are eligible, how to find and pursue DPA Title III opportunities, typical terms of DPA Title III agreements, and more. Don’t miss your chance to learn all about DPA Title III, in plain English! Register here.
The post Govology Webinar: The Ins and Outs of Defen
Happy Friday! School started this week and I’m not sure who was more excited, the kids or the parents? Seems like the summer school break flew by. It’s really fun to see all those first day of school photos that the parents are posting.
Here in Lawrence, Kansas the university students are also back in town and the energy level is always palpable as the semester is starting. We hope you had a nice summer and were able to get out and enjoy a little family time, prior to the start of the schoo
In a recent decision, the Small Business Administration’s Office of Hearings and Appeals (OHA) reviewed the requirements to establish that a company is a manufacturer of a product under SBA’s rules. In particular, there is a requirement that a company use “its own facilities” in manufacturing the product. But how does a company establish it will use its own facilities?
The first decision was Size Appeals of: Master Boat Builders, Inc. SBA No. SIZ-6198 (2023) and then a little later OHA r
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