SmallGovCon
Small business federal contracting commentary.
Happy Holidays from SmallGovCon!
Happy eve of Christmas Eve, readers! Here’s hoping the shopping is done and the presents are all wrapped and under the tree. Even though we are living in uncertain times, there is much to be grateful for this holiday season. Thank you for all of your support this past year and th
Koprince Law LLC · Dec 23, 2021
2022 NDAA Requires Prompt SAM Update If SBA Issues Adverse Size Determination
If, as the result of a size protest or appeal, the SBA makes a final determination that a company is not a small business, the company will be required to update SAM within two days to reflect that it is no longer small. And if the company doesn’t recertify within two days, the S
Koprince Law LLC · Dec 22, 2021
Appeals Court Reinstates Large Business Vaccine Mandate
On Friday, a US Appeals Court overturned the temporary halt on the vaccine mandate for large businesses. This is interesting to note because some of the same analysis used in connection with whether the large business mandate is enforceable could apply to the contractor vaccine m
Koprince Law LLC · Dec 20, 2021
SmallGovCon Week in Review: December 13-17, 2021
Hello, Readers! Can you believe we’re more than halfway through December already? The holidays are upon us! Houses are decorated with twinkling lights. There’s a chill in the air (a relief after the odd 70 degree and high winds that hit the Midwest recently). Items are flying off
Koprince Law LLC · Dec 17, 2021
GAO Confirms that Novations Work: Agency Properly Recognized Buyer of Contract as Awardee
The Anti-Assignment Act (41 U.S.C. § 6305) prohibits the transfer of a government contract or interest in a government contract to a third party. However, government agencies recognized that contractors are on occasion bought, sold, merged, or simply encounter circumstances upon
Koprince Law LLC · Dec 15, 2021
SmallGovCon Week in in Review: December 6-10, 2021
Good day, Readers! The holidays are quickly approaching and everything is looking festive and bright here in Lawrence, Kansas. The annual tradition of Santa being recued from the roof of one of our local department stores occurred and you will be happy to know that he is safe to
Koprince Law LLC · Dec 10, 2021
Event: 8(a) Joint Ventures Webinar, Hosted by El Paso SBA
Koprince McCall Pottroff LLC will be presenting a webinar hosted by the El Paso SBA that covers an important topic in federal government contracting – 8(a) Joint Ventures. In this webinar, government contracts attorneys Shane McCall and John Holtz cover the basics of joint ventur
Koprince Law LLC · Dec 10, 2021
GAO Finds CIO-SP4 Unduly Restrictive; Recommends Amendment
For practically the entire summer of 2021, we observed (and commented on) NIH’s numerous amendments to its long-awaited CIO-SP4 solicitation after it was finally issued in May 2021. By the time the deadline for proposals finally came, it had been amended eleven (!) times. Even wi
Koprince Law LLC · Dec 9, 2021
Agency Properly Rejected Bidder for Listing COVID-19 as a “Force Majeure” Event
For government contractors, trying to predict how COVID-19 might affect a government project can be extraordinarily challenging task. One bidder recently attempted to provide some clarity by stating, in its bid, that COVID-19 was a “force majeure event” and that the bidder would
Koprince Law LLC · Dec 9, 2021
Breaking: Judge Imposes Nationwide Injunction on Vaccine Mandate
A federal judge in Georgia has recently imposed a nationwide injunction on the federal contractor vaccine mandate. This will likely be appealed, but for now, here are the key points from the decision. The judge looked at closely at what law allowed the president to impose this ma
Koprince Law LLC · Dec 7, 2021
FAR Will Clarify Commercial Item Definition Into Services and Products
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 definitio
Koprince Law LLC · Dec 7, 2021
SmallGovCon Week in Review: November 29 – December 3, 2021
Happy December, All! Can you believe we are almost to the end of 2021? It seems this year has flown by! Hope everyone is recovering nicely from Thanksgiving. There was a lot of news this week about the vaccine mandate being temporarily halted in several states with the outcome ye
Koprince Law LLC · Dec 3, 2021
Agencies May Rely on Offerors’ Buy American Act Certifications Unless “Reason to Believe” Non-Compliance
When an offeror submits a certification that its products qualify as domestic for purposes of the Buy American Act, an agency ordinarily may rely on that certification without further investigation, unless the agency has reason to believe that the products will not be compliant.
Koprince Law LLC · Dec 2, 2021
Event: 2021 Government Contracts Year-End Review Webinar, Hosted By Govology
Here at Koprince McCall Pottroff LLC, we’re ready to put a wrap on 2021. Join us and our friends at Govology on December 9 as we look back at federal government contracting from the past year. In this webinar, government contracts attorneys Shane McCall and Steven Koprince cover
Koprince Law LLC · Dec 1, 2021
Event: The Basics of Small Business Limitations on Subcontracting and Nonmanufacturer Rule Compliance Webinar, Hosted by EPHCC
Koprince McCall Pottroff LLC presents a webinar hosted by EPHCC that covers two important topics in federal government contracting – Limitations on Subcontracting and the Nonmanufacturer Rule. For small businesses and their teammates, few topics in government contracting are as c
Koprince Law LLC · Dec 1, 2021
Update: Federal Court Enjoins Contractor Vaccine Mandate in 3 States
A federal judge in Kentucky has enjoined the federal government from enforcing the federal contractor vaccine mandate in three states. As of November 30, 2021, a judged issued a preliminary injunction against the contractor mandate for Kentucky, Ohio, and Tennessee. The judge sta
Koprince Law LLC · Dec 1, 2021
Event: What Government Contractors Should Know About the Vaccine Mandate Webinar, Hosted by Catalyst
If you missed it before, here’s your chance to attend one of Koprince McCall Pottroff LLC‘s most popular webinars. Please join me, Shane McCall, and Steven Koprince on December 1 for this informative webinar hosted by Catalyst on the vaccine mandate. We will cover which contracto
Koprince Law LLC · Dec 1, 2021
Key Personnel Unavailability Leads to Sustained GAO Protest
Key personnel are an important term in most proposals. Establishing the resume, experience, and availability of personnel that will perform major functions of a contract is a key (dad joke) aspect of a winning proposal. As one offeror found out, when key personnel become unavaila
Koprince Law LLC · Nov 30, 2021
Happy Thanksgiving & Native American Heritage Day from SmallGovCon
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
Koprince Law LLC · Nov 24, 2021
Five Things I’ve Learned as a Government Contracts Lawyer
As many readers know, I am retiring from private legal practice to focus on teaching, writing, and other interests. The wonderful team of government contracts professionals here at Koprince McCall Pottroff will continue assisting contractors with their legal needs. I couldn’t be
Koprince Law LLC · Nov 24, 2021
The SBA Proposes New Rules to Help Small Businesses in Obtaining Past Performance
The SBA proposes to amend its regulations to implement new provisions of the National Defense Authorization Act (NDAA) for fiscal year 2021 that provides small business contractors with new tools to establish past performance when bidding on prime contracts for Government procure
Koprince Law LLC · Nov 23, 2021
2021 GAO Bid Protest Report Reveals Nearly Half of Protests are Successful
GAO has released its annual bid protest report. Along with mashed potatoes and stuffing, it’s one of our favorite holiday traditions at SmallGovCon. This report came over a month earlier than last year, making this more of a Thanksgiving treat than Christmas this year. A couple k
Koprince Law LLC · Nov 22, 2021
SmallGovCon Week in Review: November 15-19, 2021
Happy Friday, Readers! Next week is Thanksgiving and we have a lot to be thankful for here at Koprince McCall Pottroff LLC, especially with everyone remaining healthy this year. It’s time to break out the stretchy pants and feast on the traditional turkey and pumpkin pie along wi
Koprince Law LLC · Nov 19, 2021
Franchise Agreement Terms Sink Company’s SDVOSB Application
It’s a refrain that my colleagues and I have often heard: if you’re a franchisee, it can be really, really hard–perhaps almost impossible–to be verified as a service-disabled veteran-owned small business. A recent case demonstrates the difficulties in obtaining SDVOSB status as a
Koprince Law LLC · Nov 18, 2021
Picking Your Team: Joint Ventures Versus Prime/Subcontractor Teams (Part Two, Past Performance)
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 maj
Koprince Law LLC · Nov 17, 2021