Happy Friday, Readers. We hope you have a great week and are finishing the year strong. There were several announcements in federal government contracting this week. The SBA issued a statement regarding the recent announcement by the Department of Defense (DoD) on the creation of the Office of Strategic Capital (OSC) as well as releasing a statement on the Coronavirus Crisis Report Concerning Fraud in the Paycheck Protection Program. Please read more on those announcements below and other federa
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.
I invite you to join Greg Weber and myself as we discuss the Top 21 Most Common Legal Mistakes that contractors make time and time again hosted by the El Paso Chamber of Commerce. You will learn what these common mist
This matter again involves NASA and a particularly interesting government procurement, this time concerning NAICS appeals. NAICS codes, or the North American Industry Classification System codes, are how both businesses are classified by their industry and procurements are classified by what they’re for. If the procurement uses an inappropriate NAICS code, a protestor can appeal this code determination. It is important to note that some NAICS codes have “exceptions” which can affect their corr
It’s that time of year to gather with friends and family and feast on some wonderful comfort food. We have been polling our staff on their favorite holiday dish and the answers have ranged from pumpkin pie to turkey to the traditional green bean casserole. They all sound good to me!
We have a lot to be thankful for and we are grateful for all of those readers who have been reading our blogs. We hope you have found them informative and we will continue to provide relevant content in regards
There will be a new definition for commercial items under the FAR, via a final rule effective December 6, 2021. The rule divides the definition into two separate categories: “commercial item” and “commercial product.” Below, we’ll summarize these changes to an important definition in federal contracting.
The new definition stems from a change in the 2019 NDAA that split the definition the definition of “commercial item” at 41 U.S.C. 103 into the definitions of “commercial product” and “c
Happy Holidays, Readers! We hope you have been enjoying this holiday season with friends and family while staying safe and healthy. Since many of you (and folks in our office) are taking some time off this holiday season, we’re bringing you two weeks in review for the end the year. Thank you so much for your support of SmallGovCon and stay tuned for more informative blogs in 2022.
The world of federal government contracting is continuing to be very active as we approach the end of 2021. Her
We are so very happy to announce that Nicole Pottroff and husband, Kenny Flanders, along with big brother Robert have a new family member! Franklin Alan Flanders was born on Christmas Eve, weighing in at 7 lbs. 8 oz! Mom and baby are at home and doing well.
What a wonderful gift for the holidays. Congratulations!
The post A Very Joyful Announcement from Koprince McCall Pottroff LLC! first appeared on SmallGovCon - Government Contracts Law Blog.View the full article
Koprince McCall Pottroff LLC, a boutique federal government contracts firm in Lawrence, Kansas, is pleased to announce that John Holtz has has been promoted to the role of Senior Associate Attorney.
Since his time with the firm began, John has excelled at providing the highest quality service and counsel as a federal government contracting attorney. “I am both deeply appreciative and excited to work with this firm in an elevated capacity. I look forward to this new role and providing eve
After going over limited data rights in our last post on intellectual property in government contracts, it is only natural we discuss the similar but distinct concept of restricted computer software. As we noted in the limited data rights post, this only concerns contracts regulated by FAR, or, in other words, non-Department of Defense contracts. If you’re dealing with the Department of Defense, the Defense Acquisition Regulation Supplement (DFARS) applies. DFARS has similar provisions but also
Happy Friday, Readers! We have a fresh batch of federal government contracting articles for you. Yes, we’re all tired of dealing with COVID-19, but it’s important to stay up-to-date, so we have the latest news about the vaccine mandates and how the pandemic has affected contracts for you. In fact, Shane McCall, Equity Partner of Koprince McCall Pottroff LLC, is quoted in the Construction Dive article about force majeure clauses losing their punch. We also have an interesting article about contr
Federal contractors often ask: “It is better to team up for government work with a prime-sub arrangement or with a joint venture?” Well, (spoiler alert) the answer is: it depends. But I won’t leave you with just that. This three-part series will provide insight on some of the major differences between these two types of “teams” that offerors should consider when making the decision between a joint venture or prime/subcontractor team in competing for and performing federal contracts. While this s
Hello Readers! If you work with the Air Force, you might find it helpful to get an overview of the supplement FAR provisions that the Air Force applies to its procurements. Attorneys Nicole Pottroff and Kevin Wickliffe break down the AFFARS for you in this complimentary webinar. Join us next Wednesday (February 16) by registering here.
The post Webinar Event: FAR Supplement – AFFARS – Air Force first appeared on SmallGovCon - Government Contracts Law Blog.View the full article
SBA publishes its semiannual Regulatory Agenda to provide an update on the various rules it has in the pipeline and an estimate for when they will be published or become final. While SBA doesn’t have to meet these timeframes, it’s always good to check in on what SBA has been working on when the final rules will come out. This agenda includes an update on increased size standards, along with some other important rules. Read on for the highlights and be sure to comment on any rules that you have a
The SBA’s Paycheck Protection Program went into effect March 27, 2020. At that time many business owners faced confusion in trying to navigate the affiliation rules to determine their company’s eligibility for the program. Fast forward nearly two years and many businesses that received Paycheck Protection Loans have submitted applications for forgiveness of those loans. Some of those businesses are now having to consider potential affiliation issues that they may have initially overlooked in re
Ah, the Federal Acquisition Regulations, or FAR. Quite numerous and complex, yes, but they provide a standardized set of rules and procedures that govern federal government procurements. Regardless of what contract you’re dealing with (other than a few exceptions such as the FAA, which is not subject to the FAR), you can be sure that the rules of the FAR govern it.
Unfortunately, that last statement is not true.
Since 1989, the Department of Defense (and as time has passed, more and
Over the years, SBA size regulations have included the general rule that the size status of a business generally relates back the time of initial offer on a contract. Therefore, a small business generally stays small for the duration of a federal contract, with some exceptions. However, there was also language in the rule that required small businesses to recertify their size status after being acquired or going through similar transactions. The effect of this recertification requirement was alw
Congratulations! Your woman-owned small business (WOSB), Sun Corp, has just been awarded a contract. This particular contract was set aside for WOSBs, meaning only WOSBs may be considered for award. Small Corp is a relatively new company, and you have determined that you will need some help to successfully complete performance of the contract. As luck would have it, you are acquainted with the owner of Moon Corp, and Moon Corp is in the business of doing the exact type of work that Sun Corp need
Many of our readers are familiar with a number of the nuances of joint ventures. In fact, in the past few years, many of you have utilized this nifty little concept! That said, for those of you newer to the government contracting business (and as a refresher for those who have been in this for a while), here is a short rundown of the basics of joint ventures in government contracting.
What is a joint venture?
Generally, it is an association between two or more businesses to act in co
In a recent post, we discussed the basics of SBA’s 8(a) Business Development Program, including general information, benefits, program terms, and how to apply. This follow-up post focuses on the basics of SBA’s 8(a) eligibility requirements, discussing those in greater detail.
To qualify for the 8(a) Program, a firm must be a small business that is unconditionally owned and controlled by one or more socially- and economically-disadvantaged individuals who are of good character and citiz
We have discussed data rights in the general federal government context, now it is finally time to look at the DFARS’ approach to this area of intellectual property. One thing: The DFARS (Defense Acquisition Regulation Systems) does not replace the FAR. It is a supplement, not a completely different set of rules. That said, there are certain nuances that the contractor needs to be aware of in order to navigate the DoD’s requirements.
In General
As the DFARS is simply a supplement to
If you google “GAO discussions,” you will likely see a multitude of results talking about “meaningful discussions.” Source selection authorities (SSA) are given a large amount of discretion beyond that. Despite the high level of discretion SSAs have, there are still certain boundaries that they must work within. These boundaries are premised on the fairness principle that is woven throughout the FAR and other procurement rules. In particular, the process of discussions must fit within these boun
Inflation. A word no one likes, but it is something that is currently impacting nearly every facet of our lives. Gas prices continue to rise, grocery costs are through the roof, and everyday living expenses are taking more hard-earned money from our country’s workers than ever before. However, consumers are not the only ones feeling the effects. Costs and expenses of running a business have increased dramatically as well, and those in the federal contracting world are no exception. Questions fro
Representations and certifications are an integral part of the requirements for any solicitation. While each solicitation may require different representations and certifications, what precisely is required for a given representation or certification is generally governed by the FAR. One of the more common requirements is that an offeror provide information to the Federal Awardee Performance and Integrity Information System (FAPIIS) regarding its current federal awards and recent judgments again
The U.S. House of Representatives recently passed H. R. 5879, clarifying the application of the price evaluation preference for qualified HUBZone small business concerns to certain contracts. If this becomes law, the Act would make sure the HUBZone Price Evaluation Preference applies to certain orders under partially restricted multiple award contracts.
H. R. 5879, cited as “The HUBZone Price Evaluation Preference Clarification Act of 2021,” was passed by the House on June 8, 2022. The
SBA’s Office of Hearing and Appeals (OHA) recently said that the SBA Area Office should have informed the protested concern of the issues its adverse size determination focused on before ruling against the concern’s size eligibility on that basis. In addition to its lesson on due process, OHA also took this opportunity to distinguish totality of the circumstances affiliation (the basis on which the Area Office found affiliation here) from ostensible subcontractor affiliation (the basis for affil
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