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GovCon FAQs: What is the Difference Between an REA and a Claim?

There is an old saying that the only thing constant is change. While true in a broad sense, it is especially true in federal contracting. At some point a federal contractor will find itself facing a change to its contract or performance, costing it money or time. Inevitably, that leads to the question of whether an REA should be pursued, or if a claim should filed. One of the most common responses to that question is actually another question: what’s the difference between an REA and a claim? Le
SmallGovCon.com

SmallGovCon Week in Review: June 16-20, 2025

Happy Friday! Juneteenth, celebrated on June 19th, marks a powerful moment in American history—the day in 1865 when enslaved people in Galveston, Texas, learned they were free, more than two years after the Emancipation Proclamation. It stands as a celebration of freedom, resilience, and the ongoing struggle for equality. Have a wonderful weekend! This week in federal government contracting news, keep your eyes on increased review of contracts at DHS, GSA’s plans for tech resellers, and reve
SmallGovCon.com

SBA’s OHA: A Joint Venture Agreement Can’t Step on the Managing Venturer’s Toes

Joint ventures created between a small business protégé and a large mentor are without a doubt a very alluring and popular aspect of the SBA’s Mentor-Protégé Program. It provides an incentive to potential mentors to share their connections, resources, experience, and industry knowledge with small businesses, many of whom are not only small, but participants in one of the various SBA programs such as the 8(a) Program and Woman-Owned Small Business Program, to name a couple. But, as appealing as m
SmallGovCon.com

Back to Basics: Terminations

The word “termination” in nearly every context elicits concern. And in federal contracting, such concern may often be warranted. Some terminations are no big deal, resulting in a federal contract–or even just part of one–being ended a bit early for convenience of the government. But other terminations, based on alleged default or deemed “for cause,” can have significant negative impacts (especially on small and disadvantaged businesses). So, one thing remains consistent across the board for fede
SmallGovCon.com

[1st Ever Bilingual] Webinar Announcement: The SBA 8(a) Program, June 26, 2025, 12:30 PM – 2:30 PM CDT

Are you a disadvantaged small business owner looking for a leg-up in the federal marketplace? Well, this is your chance! Puerto Rico APEX Accelerators are hosting a FREE webinar to help you understand how the SBA 8(a) Business Development Program can open the door to exclusive contracting opportunities. And in very exciting news, this will actually be our firm’s first ever bilingual webinar! Indeed, our very own Nicole Pottroff will put her years of Spanish education to the test in an effort
SmallGovCon.com

SmallGovCon Week in Review: June 9-13, 2025

Another work week in the books. Hope you had a great one. Happy Father’s Day to all the dads out there and hope they have a relaxing weekend! This week in federal government contracting included stories about DoD fraud, DOGE cost-savings, and GSA centralizing additional work. USDA ended contract for food assistance ‘clearinghouse’ required by law, lawsuit claims Trump’s pick for VA watchdog role promises independence, impartiality VA employees raise concerns over short-sta
SmallGovCon.com

Webinar! SBA & DoD Mentor-Protégé Program, June 24, 2025, 10:00-11:30am MDT, hosted by Texas El Paso APEX Accelerators

Touted as a “game-changer” when it was first introduced in 2016, the U.S. Small Business Administration’s All Small Mentor-Protégé Program isn’t new anymore. Known now as simply the “SBA Mentor-Protégé Program,” it is still extremely useful for large and small contractors alike. Government contracts attorneys John Holtz and Stephanie Ellis of Koprince McCall Pottroff LLC will explain the ins and outs of the SBA Mentor-Protégé Program, covering the program’s eligibility requirements, its pot
SmallGovCon.com

FAR Council Removes Rule on Small Business Orders

A couple FAR notices have removed proposed SBA rules relating to orders on multiple award contracts. This withdrawal seems to have the affect of decreasing the overall application of the small business Rule of Two, as discussed here. However, it only impacts the application of the rule of two to orders under multiple award contracts that were not restricted to small businesses. So, it’s impact is relatively narrow. Protests of Orders Under Certain Multiple-Award Contracts In this no
SmallGovCon.com

Back to Basics: Interested Parties

Imagine you’ve submitted a bid for a procurement that you believe your company is a shoo-in for. Nobody comes close to the experience and skills your company brings to the table. A while later, you learn that the new company down the street was awarded the contract. There clearly must be a mistake. The awardee doesn’t have half the experience your company has in this industry. Feeling wronged, you decide to file a bid protest questioning the award at the Government Accountability Office (GAO).
SmallGovCon.com

SmallGovCon Week in Review: June 3-6, 2025

Happy Friday! Hope you are ready for a great weekend! Lot’s going on the federal government contracting world this week. This included updates on the FAR overhaul, as well as budget cuts at SBA that could leave SCORE and other programs in trouble if budget cuts go through. Native American programs protected from Trump’s anti-DEI order, agencies say Trump budget proposes nearly $1B in cuts to tribal programs HUBZone Program Updates and Clarifications, and Clarifications to Other
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FAR 52.222-46 Again? GAO Sustains Protest that Agency Price Evaluation was Unreasonable

Agencies get a lot of discretion when it comes to evaluating proposals. We’ve explored several different cases where GAO affirmed this principle. However, this principle is not absolute. Contrary to what some might think, there are limits on an agency’s discretion when it comes to how it evaluates proposals. Recently, the Air Force was reminded of this fact in a GAO protest concerning a price evaluation. We explore that decision here. On March 24, 2024, the Air Force issued a solicitatio
SmallGovCon.com

COFC: Ostensible Subcontractor Rule for General Construction Still Looks at all Circumstances 

As frequent SmallGovCon readers know, the Small Business Administration’s ostensible subcontractor rule can be tricky to navigate. The rule requires contractors not to rely too heavily on a subcontractor in the performance of a contract set aside under an SBA socioeconomic program, but what constitutes relying too heavily can be confusing for small business contractors. Without a clear measure of how reliant is too reliant, businesses have to worry that they may be denied an award or even worse,
SmallGovCon.com

SmallGovCon Week in Review: May 26-30, 2025

Happy Friday! The sun is shining here in the Midwest and after several days of rain, June is upon us. Time to get the lawn mower started this weekend. We hope you have some fun plans for the summer, other than mowing the lawn, with friends and family. This week in federal government news, catch up on a potential small business rule of two statute, additional contract-cutting, and GSA becoming a central contracting power player. Protecting Small Business Competitions Act of 2025
SmallGovCon.com

Be Careful, FAR Updates Generally Not Retroactive, Says COFC

The United States Court of Federal Claims (COFC) produced another decision focused on SAM registration and related FAR updates. We previously discussed the changes to the FAR no longer requiring constant SAM registration to be awarded a contract. We have also blogged on a recent COFC decision regarding solicitation amendments based on the new FAR rule. But, what happens if the old FAR rule, such as one regarding SAM registration, is still in a solicitation and the agency does not amend the sol
SmallGovCon.com

SmallGovCon Week in Review: May 19-23, 2025

Happy Friday, SmallGovCon readers! Hope you had a great week and have some nice plans for the long weekend. Memorial Day, originally known as Decoration Day, originated in the years following the Civil War and became an official federal holiday in 1971. Unofficially, it marks the beginning of the summer season. To all those that served and or on active duty, thank you for your service! Have a wonderful weekend. This week in federal government contracting news, there are updates on an increas
SmallGovCon.com

Switcheroo – FAR Change Allows Agency to Amend Solicitation to Broaden Eligibility for Procurement 

This past November, we observed a change in the rules regarding SAM registration requirements for procurements. Prior to this rule change, both GAO and the Court of Federal Claims (COFC) had found that the FAR requires offerors to maintain SAM registration throughout the evaluation period for a procurement. With the rule change, FAR 52.204-7 (the regulation at issue) now only requires that an offeror be registered at the time of offer submission and at the time of contract award. A lapse in SAM
SmallGovCon.com

Why File: A Once 8(a), Always 8(a) Protest

As our SmallGovCon readers might know, the SBA’s 8(a) Business Development Program is often thought of as the golden goose of federal government contracting, at least for small businesses. And it’s true, in some respects. While it is the most difficult of the SBA’s socioeconomic programs to gain admittance to, if admitted, you stand to reap large benefits such as access to competitive and sole-source contracts. And another SBA rule limits the ability to move contracts away from 8(a) Program set-
SmallGovCon.com

SmallGovCon Week in Review: May 12-16, 2025

Happy Friday! You’ve made it through another week, and your reward is the Week in Review. This week saw some interesting stories: VA is getting a new top watchdog, there is a new budget proposal, and GAO is highlighting over $100M in potential savings from consolidating IT systems. You can read more about these topics in the articles below. Have a great weekend! Trump picks senior VA advisor to serve as top department watchdog White House budget plan gives 4% boost for VA amid other
SmallGovCon.com

Help Please: SBA Asking for Input on Mentor-Protege and Joint Venture Issues

SBA has indicated that it will be holding a tribal consultation meeting in June. Among the topics to be discussed will be the 8(a) Program and SBA Mentor-Protege Program and joint ventures. This request is interesting because it reveals a little bit about what the SBA is thinking with regards to the Mentor-Protégé Program and joint venture issues. While it is especially relevant for entity-owned 8(a) Program firms, it is also revealing for other small businesses. Here are a few key compo
SmallGovCon.com

ChatGPT is Not Your Lawyer (Even If it Sounds Like One), Recent GAO Case Confirms

The world of Artificial Intelligence (AI) is a growing topic that many are eager to share their opinions on. There are people excited to witness this advancement of technology and are eager to implement AI programs into their lives and/or businesses to optimize efficiency. Others are uneasy about the advancements of AI, fearing replaceability or changes in the workforce. Or, there are those who have read one too many science fiction novels and believe that this is the beginning of the end.  
SmallGovCon.com

SmallGovCon Week in Review: April 5-9, 2025

Happy Friday and Happy Mother’s Day weekend! Mother’s Day is a time to celebrate the incredible strength, love, and dedication that mothers show every day. Take a moment to say thank you, share a memory, or simply let her know how much she means. This week in federal government contracting news included stories about the upcoming federal budget and updates to the National Defense Strategy. White House eyes reconciliation to get 2026 budget increase The Latest: White House unvei
SmallGovCon.com

No More HUBZone Price Preference for Most Mentor-Protege Joint Ventures

An advantage of being a HUBZone Program contractor is the aptly-named HUBZone price evaluation preference. The possibility of utilizing that price preference has been a great reason for contractors to form joint ventures with HUBZone businesses. However, contractors need to be aware that SBA has effectively eliminated the usage of price preference within certain joint ventures. The HUBZone Program is one of the many socioeconomic certifications administered by the SBA, with many advantag
SmallGovCon.com

SBA Defines “Offer” for Purposes of 180-Day Rule After Small Business Acquisition

SBA and the FAR contain rules governing a situation where a small business is purchased by another entity and becomes a large business. SBA has recently updated those rules in a new regulation found at 13 C.F.R. § 125.12. In particular, there is a special scenario where a small business has submitted an offer on a small-business procurement and then is acquired within 180 days after that offer. But how does SBA define an “offer”? A recent SBA decision answers that question. In Secise, LL