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Are Mentor-Protégé Joint Ventures Just Too Successful, Asks SBA

SBA recently issued a proposed rule purportedly concerning the HUBZone Program and its regulations–but actually, covering a bevy of other discussions and proposed changes relating to size, SBA’s other small business socioeconomic programs, and even teaming. Specifically, regarding teaming, SBA revealed that it has apparently decided to take a deeper look into the immense success of mentor-protégé joint venture teaming. It is also requesting comments on this concern, as well as potential policy c

Back to Basics: Small Business Sole Source Awards

One of the perks of being certified in any of the SBA’s small business socioeconomic contracting programs is the fact that there is potential for a sole source award. What is a sole source award? Well, it’s a non-competitive award used when there is no expectation that two or more offerors will submit proposals, or using a dollar cap in the 8(a) program. (In this post we’re not talking about other exceptions to competition, such as only one responsible source). We most frequently see them used f

Govology Webinar: October 10, 2024 – Communicating with Government Contracting Officials: What Can (and Should) Contractors Really Say and Do? (2024 Update)

When it comes to effective communication, the government and industry often get it wrong. Misconceptions and misunderstandings abound and can prove very costly for contractors. In this webinar, government contracts attorneys Nicole Pottroff and John Holtz debunk some of the most common myths and misunderstandings held by contractors, including when and how you can communicate one-on-one with a contracting officer, who has authority to modify your contract, what to do when an unauthorized off

SmallGovCon Week in Review: Sept. 30-Oct. 4, 2024

Happy Friday and happy October! Please enjoy the Week in Review and read up on some recent updates across government contracting. Some highlights include GSA starting the COMET II contracting process, and new guidelines on AI tool procurement for federal agencies. You can read more about these topics and news from this week in the articles below. Have a great weekend! Carahsoft raid may be a wake up call for the reseller market U.S. Small Business Administration to Host 11th Annual

GAO: Small Business Rule of Two Must be based on Accurate Market Research

The small business rule of two requires agencies to restrict procurements for small businesses when there is a “a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery.” FAR 19.502-2. Agencies often use market research to assess whether the small business rule of two is met. But what happens when an agency amends its solicitation terms after conducting market research? Can the new

Conference Announcement: ICBS Show, Oklahoma City, October 7-9, 2024

The Indian Country Business Summit (ICBS) is hosting its annual “Diversity in Government Contracting” ICBSSHOW in Oklahoma City this month. And our very own Gregory Weber will be attending and presenting on federal contracting legal updates. Legal updates is always a great presentation. So, please stop by our table to say hello or if any questions come up after the presentation. The ICBSSHOW offers informational sessions featuring experts in government procurement, connection and networking

Annie Birney Joins Koprince McCall Pottroff LLC as Associate Attorney and SmallGovCon Contributor!

We are excited to announce that Annie Birney has joined the firm and will also be a regular SmallGovCon contributor! She is a recent graduate of the University of Kansas School of Law. You can read her full biography here. Annie was very accomplished during her law school days, including plenty of practical experience. This included assisting with tax preparation services for the Volunteer Income Tax Assistance program. Additionally, Annie participated in the Elder Law Field Placement Progra

SmallGovCon Week in Review: September 23-27, 2024

Happy Friday and happy fall! We hope you had a productive week and are looking forward to the weekend. The federal government contractors have been quite busy wrapping things up at the end of this fiscal year and preparing for a new one to begin. We hope everything is “falling” into place. Have a great weekend! This week in federal government contracting news looked at a new CR, cloud procurement requirements, and another push towards category management. OPM asks agencies to review

SBA Proposed Rule: New Size and Status Recertification Standard

In a proposed rule in August of 2024, SBA has unveiled a brand new regulation related specifically to recertification of size and status. A frequent question of federal contractors is whether they can continue to be small, or maintain a specific socio-economic status (i.e., WOSB, SDVOSB etc.) after a change in ownership or business structure. The SBA’s size and status recertification standards are currently found in multiple places: the size determination timing regulations, each socio-economic

Predictions: Upcoming Rules on Conflicts of Interest

Back in 2023, we wrote about Congress’s late-2022 mandate to update and clarify various rules surrounding organizational conflicts of interest (or OCIs). At that time, Congress, in a short piece of legislation, asked that OCI rules be updated to address a number of areas. In this post, I’ll provide some predictions about how the OCI rules will be updated, as we wait for the new proposed rule to come out. In addition, I’m discussing this topic at the Judicial Conference for the U.S. Court of Fede

OHA Reminder: Don’t ignore Program Examination Questions from SBA . . . or Else

Most of SBA’s socioeconomic programs (woman-owned small business, veteran-owned small business, HUBZone) have a requirement for the contractor to go through a recertification process, or program examination, every three years. 8(a) Participants have an annual review process, so they are reviewed even more frequently. But between these routine program recertifications, there is a possibility that the SBA will choose to perform an additional program examination to “verify the accuracy” of certific

Webinar Event! October 1, 2024 – Limitations on Subcontracting and the Nonmanufacturing Rule hosted by Texas El Paso APEX Accelerators

For small businesses and their teammates, few topics in government contracting are as confusing as the limitations on subcontracting for set-aside and socioeconomic sole source contracts.  And if that isn’t stressful enough, the “LoS” is an area with heavy potential penalties if a contractor gets it wrong. The nonmanufacturer rule is the flip side of the LoS, but for supply contracts in the federal government contracting realm. It is also one we encounter quite often in our role assisting fede

SmallGovCon Week in Review: September 16-20, 2024

Happy Friday! There has been a flurry of activity here at SmallGovCon, as the government’s fiscal year is ending this month. In the evolving landscape of federal contracting, one needs to stay on top of recent developments. Here are some key ones. The U.S. Small Business Administration is set to implement new rules for mentor-protégé arrangements. I had the privilege of being interviewed by Tom Temin of the Federal News Network on these new mentor-protégé rules and potential ones on the hori

Fastest 5 Minutes

Cybersecurity, Health Information Technology This week’s episode covers a False Claims Act whistleblower lawsuit involving failure to comply with federal cybersecurity requirements, a new CISA cyber incident reporting tool, and a proposed rule to implement an HHS-wide policy relating to health information technology, and is hosted by Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulat

Rezoning (Part 2): Updates to the HUBZone Program

Very recently, we went through some more of the potential changes to the HUBZone Program from SBA’s proposed rule from August 23, 2024. In this post, we will look at the remaining proposed changes. SBA’s proposed rule would change HUBZone protests appeals, principal office requirements (which we did discuss a bit before here), HUBZone map concepts, and the HUBZone price evaluation preference (PEP). Protests and Interested Party HUBZone status protests, like 8(a), WOSB/EDWOSB, and VOS

SmallGovCon Week in Review: September 9-13, 2024

Happy Friday the 13th! We hope you have a good week. This week has been busy in the federal government contracting world with multiple developments highlighting key areas of government procurement, spending transparency, and small business support. There are updates on a new federal spending bill, but also concerns about a shutdown, something contractors will be watching closely. You can read more about these topics in the articles below. Have a great weekend and be careful out there today

Rezoning (Part 1): A Look at SBA’s Proposed Changes to the HUBZone Program

A few weeks ago, SBA released a proposed rule that would, among other things, modify the HUBZone program. We took a look at some of these changes when the proposals were released. As we promised in that post, we stated we were going to discuss some other aspects of the proposed rule in later posts. Today, we’ll be looking at some of the other changes that SBA is proposing for the HUBZone program, as there’s a lot. In this post, we’ll be focusing on other changes to how HUBZone employees are dete

“Et ‘two,’ GAO?”:Recent Sustain on the Rule of Two Reminds Agencies of the Importance of Accurate Market Research

For the first time in nearly a decade, GAO in Knudsen Systems, Inc. sustained a protest challenging an agency’s decision to set aside a procurement for small businesses.  The decision involves the so-called “Rule of Two”:  under FAR 19.502-2(b), agencies must set aside for small businesses a procurement with an anticipated dollar value of more than $150,000 where the agency’s market research demonstrates there is a reasonable expectation at least two responsible small business offerors can meet

SBA Proposed Rule Clarifies Mentor-Protégé Misunderstandings

In August, the Small Business Administration issued a proposed rule that was packed to the brim with changes to many of the SBA’s small business contracting programs. We’ve mentioned a few of the changes in prior blog posts. Gregory Weber, discussed potential changes to the SBA’s 8(a) Business Development Program that may result in more relaxed requirements. While Shane McCall, recently took a deep dive into proposed changes to past performance requirements for joint ventures. Today, we will foc

Govology Webinar: September 19, 2024 – The Buy Indian Act: Regulatory Updates and Their Implications for Tribal-Owned Businesses

The Buy Indian Act is a law that gives contracting preference to companies owned by Native American tribes. This law has been on the books for a century and it seems to be finally getting some teeth through regulatory changes and updates. This webinar, presented by myself and Nicole Pottroff will discuss the Buy Indian Act, as well as other rules and regulations that provide advantages to tribal entities. Hope you can join us! Register here. The post Govology Webinar: September 19, 2024 – The

Know Your Rights: SBCA Issues Two Important Reminders to Contractors

The Armed Services Board of Contract Appeals (Board) recently issued notable reminders to contractors regarding its jurisdictional authority and the importance of timely filing claims.  The Board explained in DSME Construction Co., Ltd., ASBCA 63878 (July 30, 2024), that it may retain jurisdiction over a dispute even when a different forum is listed in the contract.  In Platinum Services., Inc., ASBCA No. 63878 (Aug. 1, 2024), the Board instructed contractors to be mindful of the CDA’s statute o

California Dental Offices Settle FCA Allegations Regarding Second-Draw PPP Loans for $6.3M

On August 8, 2024, the U.S. Attorney’s Office for the Central District of California announced a $6.3 million False Claims Act settlement with West Coast Dental Administrative Services LLC (formerly West Coast Dental Services Inc.) and its founders and former owners due to seven improper second-draw Paycheck Protection Program loans received by West Coast Dental and affiliated dental offices.  Relator LLC—the same entity whose complaint in Golden Empire Mortgage was held to be barred by