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SmallGovCon.com

A blog by Koprince Law LLC in General

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Entries in this blog

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

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 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 And note that key US historical documents will making a journey across the US soon, and may come to site near you.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

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

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 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

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 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

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

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 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

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 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

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

Webinar Announcement! Understanding the SBA Mentor-Protégé Program, February 17, 2026 hosted by Kansas 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, Annie Birney and I 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 for larger contracts—with the support of an experien

Bridge to Nowhere: COFC Says Incumbents not Guaranteed Bridge Contract During CICA Stay

Losing an award can be quite tough, especially when you are the incumbent on the preceding related contract. Often, a salve for an incumbent contractor’s pain can be a bid protest which may result in a bridge contract to that incumbent for the period of the protest. This actually was a fairly common practice for many years in federal contracting. Consequently, many contractors have interpreted such an incumbent bridge contract as a requirement, not simply a course of dealing. However, the United

SmallGovCon Week in Review: January 26-30, 2026

It’s Friday and time for another SmallGovCon Week in Review. As we finish out January we hope everyone is staying warm with all the snow and cold weather across the country. I was in Washington DC this week for a court hearing, and it’s clear the cold and snow has really done a number on half the country. There was snow on the ground when I left Kansas City and snow on the ground in DC, and every place in between. Grab a hot cup of cocoa (as sung by the The Von Trapp children) and warm up w

Year in Review: Top SmallGovCon Posts of 2025

Hello, SmallGovCon readers! As we do each year, this post revisits the most popular SmallGovCon articles that were posted in 2025, as well as the most popular all-time posts in 2025. As we move deeper into 2026, I look to to reflect on these important and well-liked posts from 2025. Below, we summarize the blogs written in 2025 that were the most visited as well as the perennial favorites from years past that were the most read in 2025. It’s a good chance to look back on the important articl

Why File: An Appeal of an 8(a) Program Termination

In a previous blog post, Why File: An Appeal of SBA’s 8(a) Program Denial, we covered the process for appealing SBA’s denial of admission into the 8(a) Business Development Program (AKA 8(a) Program). We discussed what happens when a business is stopped at the door – denied entry altogether in the program. But what happens when a concern already admitted into the 8(a) Program is terminated by SBA? Here, we will touch on the arguably more consequential scenario of an 8(a) Program participant’s te

BREAKING: SBA’s Newly-Released 8(a) Program Mandate with “Clarifying Guidance” Regarding Social Disadvantage Criteria Brings Far More Confusion Than “Clarity”

On January 22, 2026, SBA issued brand new “SBA Guidance” to its Office of Government Contracting and Business Development and its Office of Field Operations via a highly confusing 8(a) Program Mandate. On its Website, SBA labels it “Clarifying Guidance That Race-Based Discrimination is Not Tolerated in the 8(a) Program[,]” and further labels it the “Latest Action” in our Federal Government’s “Year-Long Effort to Dismantle DEI Discrimination, Expose Fraud, and Restore Fairness in Federal Contract

SmallGovCon Week in Review: January 19-23, 2026

Happy Friday! We are preparing for the snow that’s impacting much of the nation. But amidst the frenzy of dealing with the transitory, we also wanted to remember Martin Luther King Jr.’s legacy this week and all that he has taught us about the “the arc of the moral universe.” We would do well to reflect on Dr. King’s enduring legacy of service and justice. And now for the updates in federal contracting. This week in federal government contracting there has been a lot of buzz about the SBA’s

Back to Basics: SDVOSB Program Eligibility

Recently, SBA’s VetCert Program announced that it had gotten through its backlog, meaning that the system has returned to normal, so to speak. With this in mind, many new service-disabled veteran-owned small businesses (SDVOSBs) no doubt are looking at getting into the SDVOSB program. Indeed, some of you reading this may be the owners of some of those businesses. Considering that we just looked at an SDVOSB appeal regarding the control requirements for an SDVOSB, today, we’re going to go further

OHA SDVOSB Appeal: Voting Provisions Scuttle Veteran Control

In a recent decision, SBA’s Office of Hearings and Appeals (OHA) emphasized the importance of a careful reading and complete understanding of the control and ownership requirements for Service-Disabled Veteran Owned Small Businesses (SDVOSBs). This decision provides contractors with an excellent opportunity to brush up on SBA’s control rules regarding qualifying and non-qualifying owners. As the appellant found out in this case, while it may seem to some at first glance that simple majority owne

SmallGovCon Week in Review: January 12-16, 2026

Happy Friday! We are already halfway through January and 2026 is off to a quick start. This week’s federal contracting headlines point to a busy year ahead, but we hope you have time for some rest and relaxation this weekend after a productive week. In this week’s federal government contracting news, look for updates on how agencies are using AI in all aspects of acquisition and their missions and an emphasis on using different tools to fight fraud. DLA’s foundation to use AI is bui

GAO Checks the Math: An Agency’s Failure to Document OCI and Best-Value Decision Results in Sustained Protest

In the procurement process, agencies are afforded a significant amount of discretion when selecting an awardee. When an agency’s decision is protested, the Government Accountability Office (GAO) focuses primarily on the reasonableness of the agency’s conclusions. But when an agency fails to show its rationale behind a decision, GAO is unable to conclude that the agency’s decision was reasonable. In a recent GAO decision, Castro & Company, B-423689 (Comp. Gen. Nov. 13, 2025), GAO sustaine

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