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SmallGovCon.com

A blog by Koprince Law LLC in General

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Entries in this blog

OHA: Size Protest Review Must be More Than a Rubber Stamp

As Federated Maritime, LLC, SBA SIZ-6360, 2025 demonstrates, an agency’s review of a size protest must be more than just a surface-level review and a rubber stamp. This size appeal started with a disappointed bidder (here, the Appellant) that questioned the relationship between Federated Maritime, LLC (or Awardee), a company that won two cargo charter contracts, and its alleged affiliates. The contracts were 100% set-aside for small businesses under NAICS Code 483111 – Deep Sea Freight Transport

SmallGovCon Week in Review: September 15-19, 2025

Happy Friday. Federal contracting is seeing a lot of movement lately. Contractors, as usual, must stay flexible as the federal acquisition world and rules keep shifting. With regulatory updates rolling out and fresh talk of bid protest reforms, contractors have a lot to keep up with. Luckily, we have summarized these updates for you! You can read more about what is happening in federal government contracting this week, in the articles below, including a bipartisan bill on price gouging by c

A Refresher on How the Small Business Rule of Two Generally Works

We have talked a good deal about the Small Business Rule of Two (not to be confused with the separate VA rule of two for veteran-owned businesses) over the years. The (very) general gist of the rule is this: If the procurement is above the simplified acquisition threshold, the agency must set it aside for small businesses if two or more small businesses can perform the work at fair prices. If the agency has a reasonable expectation that two or more SDVOSB/VOSBs, EDWOSBs/WOSBs, 8(a) participants,

FAR 2.0 Update: Part 8 – Required Sources of Supplies and Services

Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, or simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). An executive order got the ball rolling, setting forth the mandate to create FAR 2.0 by October 12, 2025. We wrote about it in our earlier post, and described it as two parallel tracks.

SmallGovCon Week in Review: September 8-12, 2025

The Week in Review includes quite a few updates from the federal procurement world. Federal contractors should take note of several major updates. These include: A new GSA streamlining office DoD finalized CMMC rules Increased federal IT spending overall You can read more about these topics and more in the articles below. Energy Dept sued over plan to purge Freedom of Information Act requests House reduces pool of money available for IT modernization GAO: Mos

FAR 2.0 Update: Part 6 – Competition

Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, or simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). An executive order got the ball rolling, setting forth the mandate to create FAR 2.0 by October 12, 2025. We wrote about it in our earlier post, and described it as two parallel tracks.

SmallGovCon Week in Review: September 1-5, 2025

Happy Friday and happy September! We hope you had a great Labor Day weekend. It’s that time of year when everything starts to shift. The chill in the air and the marketing of pumpkin spice fills your social media feeds. My kids are back in school and football is back in session as well. Hope you had a great first week of September. Speaking of shifting, federal government contracting news included a fall target for FAR updates, potential changes to SBIR rules, as well as the unwanted specte

Why File: An Appeal of SBA’s 8(a) Program Denial

The U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (the 8(a) Program) is a popular set-aside program that provides a lot of opportunities for small businesses. In hopes of becoming one of those successful businesses, it is common for a company to invest a lot of time, money, and resources into their 8(a) Program application. When SBA denies their 8(a) application, a company may feel like it was all a waste and accept the loss. Focusing only on the denial alone, the

SmallGovCon Attorney-Author Stephanie Ellis, Discusses Small Business Contracting goals on “The Federal Drive”

I recently had the opportunity to discuss small business contracting goals with Terry Gerton, host of “The Federal Drive with Terry Gerton.” This was a follow-up to a post I wrote in July regarding the changing landscape of federal small business government contracting requirements. That post, published earlier in 2025, focused on the changes to small business federal government contracting goals that had been affected by EO 14151. If you missed the live conversation, you can click here

SmallGovCon Week in Review: August 25-29, 2025

Happy Friday and happy Labor Day weekend! Labor Day was established to honor the hard work and achievements of American workers. It originated in the late 19th century during a time of growing labor movements advocating for fair wages, safe working conditions, and reasonable hours. Today, it not only pays tribute to those efforts but also marks the unofficial end of summer and the beginning of the fall season. We hope you enjoy a day of rest, barbecues, and time with family! This week in fed

SBA Proposes Increases to Receipts-Based Size Standards

Every five years the SBA is supposed to review some of its size standards. In August 2025, the SBA issued a proposed rule which would increase the size standard for over two hundred and sixty industries. As the proposed rule explains in great detail, SBA increased size standards for some NAICS codes and retained others. Let’s take a closer look. On August 22, 2025, the SBA published a proposed rule, which would increase the size standard for many of the receipts based size standards. Thi

Check out SmallGovCon’s own Nicole Pottroff on the T.W.I.G. Podcast Discussing 8(a) Program Updates

Partner Nicole Pottroff recently appeared on the GovGenie This Week in Government Contracting (T.W.I.G.) Podcast. The topic was Navigating New SBA 8(a) Rules: What You Need to Know. It was a great time speaking with the hosts of that podcast, including Abraham Xiong. Check out this important information for those who are interested or currently in the SBA’s 8(a) Program, including a rundown of recent changes to the 8(a) Program. Here is the link so you can check out the full recording.

Govology Webinar: Avoiding Common Bid Protest Mistakes, September 11, 2025

Bid protests are an unavoidable part of federal contracting—and they seem to be happening more often as competition grows. What many contractors don’t realize is that the outcome of a protest is often determined before it’s even filed. Understanding the rules, timelines, and procedures is critical to protecting your company’s chances. In this focused course, federal government contracting attorneys John Holtz and Gregory Weber will break down the most common mistakes contractors make during

GAO Report Discusses Potential Reforms for Fee Shifting and Enhanced Pleading Standards in Protests

It’s no secret to anyone that the landscape of federal government contracting has been rapidly changing in recent years. For instance, there have been concerns that mentor-protégé joint ventures under the SBA’s Mentor-Protégé Program have been too successful. More recently, changes have been made to small business contracting goals to reduce the agency level requirements for small disadvantaged business (including 8(a) Program) prime contracts. Today, based on a recent GAO report, we are going t

SmallGovCon week in Review: August 18-22, 2025

Happy Friday! It’s beginning to look like the Fall season is upon us, with the kids going back to school and football season starting. Our college town is buzzing with activities as the students arrive to start the semester. We hope you have a wonderful weekend and can catch a game or two. This week in federal government contracting, take a look at articles showing potential GSA acquisitions for an AI procurement system, increased use of best in class contracts, and new cybersecurity require

OHA Says: For a Size Protest, Bring the Receipts or Face Dismissal

Filing a size protest requires more than just pointing the finger at the protested concern and hoping SBA decides to investigate further. The protest must contain at least some level of specific information that demonstrates why the protested concern is other than small. SBA regulations, in particular, require that the size protest be “sufficiently specific to provide reasonable notice as to the grounds upon which the protested concern’s size is questioned.” 13 C.F.R. § 121.1007(b). The pro

SBA Aims to Streamline SBIC Program, Make Investment Easier

For years, the Small Business Administration (SBA) has run a program for Small Business Investment Companies (or SBICs) to, in part, allow for “low-cost, government-backed capital that you can use to increase private investments in U.S. small businesses.” For small business federal contractors, there is also an affiliation benefit that applies to SBICs. But, we have often heard from clients and others that it is not straightforward to work with an SBIC. Today, we look at a rule recently proposed

TAA Can Apply to Small Business Set-Aside: COC Clarifies Trade Agreements Act and Buy American Act Applicability

The Trade Agreements Act (TAA) and Buy American Act (BAA) are among the most complex regulatory systems in federal contracting. There’s been a lot of confusion from both contractors and agencies on when they apply to a procurement and how. We have written on the BAA and TAA in the past. Recently, the Court of Federal Claims issued a decision discussing how the two laws interact, and showed that how they apply depends significantly on the circumstances of the procurement, providing some clarifica

SmallGovCon Week in Review: August 11-15, 2025

Happy Friday to our SmallGovCon readers. I just got back from a lovely trip through upstate New York and Canada to visit Niagara Falls. Here is the view of Horseshoe Falls, the largest of the waterfalls in Niagara Falls. The view of the falls is majestic and the cooler weather in that area was a welcome relief. We also visited Saratoga Battlefield and got to learn how the first battle against the British was won by the US military. Hope you are having a great end to the summer. Here are some key

GovCon FAQs: Can I Ask the Government to Participate in ADR?

Why yes, yes you can! In fact, there is a little known provision of the Federal Acquisition Regulations (FAR) that speaks directly to a contractor’s right to request government participation in Alternative dispute Resolution (ADR) for any contracting “issue in controversy.” And as long as the four essential elements of ADR stated therein are met, a contracting officer must either agree to such ADR or provide a written explanation with cited statutory or legal authority for rejecting the request.

SmallGovCon Week in Review: August 4-8, 2025

Happy Friday! I just got back from a trip to Niagara Falls and enjoyed some cooler weather up there. Unfortunately, the bulk of the country, including in the Midwest, is suffering through some heat. I think it is safe to say that we are looking forward to some cooler weather this Fall. We hope you had a great week and are staying cool in your neck of the woods. Have a wonderful weekend. This week in federal government contracting news included stories about CMMC approaching, increased FAA fu

GAO Pushes Back on 2025 NDAA’s Fee Shifting Suggestion

Diving into the National Defense Authorization Act (“NDAA”) has become something of an annual tradition in federal contracting. There seem to always be some sections that impact federal contracting, pushing for changes in processes or procurements. Part of 2025’s NDAA suggests fee shifting when there is a GAO protest of a Department of Defense (“DoD”) procurement. Basically, the 2025 NDAA suggested that if a bid protest of a DoD procurement is unsuccessful, the protester would be required to pay

Back to Basics: Brand Name or Equal

In some circumstances, it is in the best interest of the government customer to require a specific item made by a specific manufacturer. Though it doesn’t use this technique often, the government can achieve this by soliciting the contract using a “brand name or equal” basis. But the government can’t just decide that it wants a Hoover over a Bissel vacuum. No, there is a process that must be followed, and circumstances must warrant such a requirement. FAR 11.104 describes situations whic

SmallGovCon Week in Review: July 28-August 1, 2025

Happy Friday! And happy August! The cool Fall weather is slowly, but steadily making its way to the Midwest. Let us tell ya’, we at SmallGovCon are quite excited for more double-digit temperatures (as 100+ degrees is nothing rare for a summer in Kansas). And as you can see from all the happenings in the federal government contracting world this week, the winds of change sure do affect more than just the weather. Between a bold executive order and the first ever government chief AI officer, Artif

Timing is Everything: GAO Dismisses Post-Bid Protest of Solicitation Terms as Untimely.

It is safe to say that every federal contractor, at one time or another, has felt the terms of a solicitation were unfair or otherwise didn’t make sense. Federal agencies are comprised of people, and people make mistakes. Sometimes, then, mistakes make it into the solicitation. Unfair or erroneous terms in a solicitation are a valid grounds for a protest, but it is crucial to know when such a protest is timely. In most cases, if the time for bids has passed, any protest of the terms of the solic

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