Jump to content

General

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

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

SBA Reminder: Ensure all Joint Venture Requirements are Met to have a Successful JV

Joint ventures pursuing a contract under any of the SBA’s socioeconomic programs (Woman-Owned Small Business Program, Service-Disabled Veteran-Owned Small Business Program, 8(a) Program, and HUBZone) all have requirements beyond the general requirements that a non-joint venture prime contractor must meet to be eligible for those types of set-asides. The joint venture must be considered small, which may take into account the size of both venturers, and the joint venture agreement itself must cont

SmallGovCon Week in Review: February 17-21, 2025

Here is your Week in Review as you head into the weekend. We are still attempting to get through this second artic blast here in the Midwest this week. I think it’s safe to say we are all looking forward to those warmer temperatures that are returning next week. Enjoy the weekend! This week in federal government contracting news includes a new SBA administrator, updates on federal workforce reductions, and new guidance from GSA. Senate confirms Kelly Loeffler, former Georgia senator

Govology Webinar Announcement! The Concept of “Responsibility” in Government Contracting (2025 Update), March 6, 1:00pm EST

Winning a government contract requires more than just submitting the best proposal—your company must also be deemed “responsible” by the federal government. Responsibility in government contracting goes beyond technical capabilities and pricing; it encompasses financial stability, past performance, ethics, compliance with laws, security clearances, and overall business integrity. Failure to meet responsibility requirements can lead to a contract award being denied, even if a company submits the

Why File: A COFC Protest

As a federal contractor, there are many factors to consider in filing a potential bid protest. In this post, we look at the potential considerations, both pros and cons, for filing a bid protest at the Court of Federal Claims (COFC). Below are some of the main items to think about in considering a bid protest at the COFC, as opposed to a bid protest at the Government Accountability Office (GAO) or an agency level protest. The decision of whether, and where, to file a bid protest is one that shou

GovCon FAQs: How do I Show Service-Disabled Veteran Status for SBA?

Many federal contractors are familiar with or have heard of the Service-Disabled Veteran Owned Small Business (SDVOSB) program. It is currently run by the SBA, but previously was administered by the VA. Due to the nature of the program being around for a while, and shifting from one agency to another in the past few years, undoubtedly there are some requirements that have changed, but contractors may not realize it. One of the requirements that has experienced change is one of the most basic: ho

SmallGovCon Week in Review: February 10-14, 2025

Happy Valentine’s Day! Well, our KC Chiefs just couldn’t pull off that third Super Bowl win but it sure was a fun football season, all the same. Looking forward to what might be in store for next season. Now we can start leaning into March Madness, which will be just around the corner! Hope you have a wonderful Valentine’s Day and enjoy the weekend. Now here’s what’s happening in federal government contracting, including stories about agency restructuring, impacts on federal personnel, and s

Fully Devoted or Just Rebuttable? Qualifying Veterans Overcome Full-Time Devotion Rule

It doesn’t take too long to find a blog post where we’ve discussed SBA’s Service-Disabled Veteran-Owned Small Business (SDVOSB) full-time devotion requirement. For a service-disabled veteran (SDV) to meet the SDVOSB control requirements, the SDV must control “the management and daily business operations” of the SDVOSB. This requires the SDV to be fully devoted to the SDVOSB. As a quick refresher on the full-time devotion requirement, a qualifying veteran “may not engage in outside employment tha

Webinar Event! February 26, 2025, The SBA Mentor Protege Program in Collaboration with Koprince McCall Pottroff LLC, 10:30-12:30pm EST

Touted as a “game-changer” when it was first introduced in 2016, the U.S. Small Business Administration’s All Small Mentor-Protege Program isn’t new anymore. Known now as simply the “SBA Mentor-Protege Program, it is still extremely powerful for large and small contractors alike. In this webinar, seasoned government contracts attorneys, Shane McCall & Gregory Weber from Koprince McCall Pottroff LLC, will explain the ins and out of the SBA Mentor-Protege Program, covering the program’s eligib

GovCon FAQs: How Should a Joint Venture Allocate Profits?

It is a fairly standard business practice to divide profits according to ownership ratio. And a joint venture made up of only small business venturers only pursuing small business set-asides can follow this business practice—or any business practice—to divide up its profits (limited only by any applicable state, local, or Tribal law). But SBA does have specific and strict requirements for allocating the profits of any joint venture (1) between a small business protégé and its SBA-approved large

Webinar Event! 21 Mistakes in Government Contracting, February 21, 2025, 11:00am-12:00pm CST

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 Week in Review: February 3-7, 2025

Happy Friday! Are you all ready for the Super Bowl this Sunday? Maybe it can be a time of unity amidst uncertainty. Enjoy your favorite snacks and cheer on the commercials (I mean the Chiefs!). Have fun watching the game and have a wonderful weekend! And now for this weeks news in federal government contracting. Stories included the role of DOGE, revamping federal agencies, and the new administration’s actions. Musk’s role as ‘special government employee’ raises ethics questions

Executive Order for Nondisplacement of Federal Workers Rescinded

Indeed, Executive Order (EO) No. 14055, Nondisplacement of Qualified Workers Under Service Contracts, was only one of many predecessor EOs rescinded by the Trump administration shortly after taking office. But its removal has significant impacts on federal government contracting. As explained in EO No. 14055, its requirements sought to promote skilled worker retention in the federal workforce by placing requirements on contractors (and subcontractors) to provide the service employees from predec

End of the Line for Transmutation Agreements in 8(a) Program

We at SmallGovCon have analyzed a number of key updates from the recent SBA final rule concerning HUBZone Program Updates and Clarifications, and Clarifications to Other Small Business Programs. But, with the rule covering many issues, there are aspects we didn’t cover everything. One small change could impact a number of companies seeking 8(a) Program certification or existing 8(a) Program Participants changing their ownership. The change affects married business owners in community property st

SmallGovCon Week in Review: January 27-31, 2025

It’s Friday and time for another week in review, on this last day of January. We are so excited that our Kansas City Chiefs will be playing, once again, in the Super Bowl. We’re looking forward to the championship game against an impressive Philadelphia Eagles team, and a chance for the Chiefs to become the first team in NFL history to win three in a row. It should be a fun game. And now we turn from football to this week in federal government contracting news, there is news of many executiv

Webinar Event! Top 21 Legal Mistakes in Federal Government Contracting, February 13, 2025, 12:00pm-1:30pm CST

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, Nicole Pottroff & 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 the

Making Unsuccessful Protesters Pay? Enhanced Pleading Standards? A Look at Proposed Changes to GAO Protest Rules Under the 2025 NDAA

Back in 2017, in the 2018 National Defense Authorization Act (NDAA), Congress passed a limited program for GAO protests of Department of Defense contracts where certain large contractors would have to reimburse the DoD for the cost of processing unsuccessful GAO protests. We reviewed that rule here. Congress repealed that provision with the 2021 NDAA. Now, the “losing protester pays” system is back with a vengeance. The 2025 NDAA creates a similar provision, but now the language appears to apply

DoD, GSA, and NASA Establish New Size and Status Rerepresentation Rules

The FAR Council recently published a final rule dealing with small business certification issues, effective on January 17, 2025. SBA had updated its recertification rules as discussed in this SmallGovCon.com blog. This final rule came about to ensure that certain parts of the FAR and SBA rules are consistent. The change? Adding additional circumstances that require an awardee to rerepresent its size and/or socioeconomic status for orders placed under a multiple-award contract (MAC) per FAR 52.21

SmallGovCon Week in Review: January 20-24, 2025

Happy Friday, Readers! We hope you had a great week and are ready for the weekend. We are looking forward to our weather finally warming up and melting off some of this snow in the next few days. The respite from the very cold temperatures will be a nice change. Have a good weekend in your neck of the woods! This week in federal government contracting… SBA Administrator Guzman Outlines New MySBA Digital Experience Transforming How Business Owners Interact with SBA A regular Fede

GAO Says: Solicitation + Q&A = Material Requirements

Recently, GAO sustained a bid protest, finding that the awardee did not meet the material requirements of the solicitation. The GAO held that the requirements of the solicitation included an agency’s answer during the question and answer (Q&A) period. In ATP Gov, LLC, the United States Air Force (the Agency) issued a solicitation for portable satellite terminals, related equipment, and associated services. Two of the solicitation’s requirements are relevant here. First, the termi

Why File: A GAO Bid Protest Intervention

When contractors think of GAO Bid Protests, most think of the process from the perspective of the protester. However, the contract awardee is not without a voice in the bid protest process at GAO. While the agency will generally defend the contract award decision regardless, the awardee itself can also have a seat at the table. In this installment in our “Why File” series, we will explore why a contractor would want to file an intervention in a GAO Bid Protest. First, what even is an int

New OCI Rule Contains Big Changes

The proposed OCI rule implementing the Preventing Organizational Conflicts of Interest in Federal Acquisition Act has just dropped. We started discussing the Act back in early 2023 after it was passed in late 2022, and I outlined my predictions at the Court of Federal Claims judicial conference. This 108-page rule will propose some major changes for organizational conflicts of interest. Here is a summary of some of the big changes proposed in this new rule. Stay tuned for more updates on SmallGo