SmallGovCon
Small business federal contracting commentary.
GAO: Multiple Contracts With Single Agency May Increase Conflict Risk
As federal contractors begin to become engaged in multiple programs for a particular agency, the potential for the firm to encounter a situation where it finds itself involved in an organizational conflict of interest (OCI) may increase. This is particularly true with respect to
Koprince Law LLC · Aug 17, 2021
SmallGovCon Week in Review: August 9-13
Happy Friday the 13th, Readers! In doing research on the origins of why Friday the 13th became an ominous day on the calendar, I found a lot of theories. Dr. Simon Bronner, a professor of American studies and folklore at Pennsylvania State University says that Friday the 13th is
Koprince Law LLC · Aug 12, 2021
Does the SBA’s Rosy Spin on Goaling Achievement Hurt Small Businesses?
“Overpopulation crisis solved!” That’s the sort of headline I expect the SBA’s press team would write the day after a global thermonuclear war. Obviously, I’m exaggerating a wee bit to make my point, but the SBA’s press release on FY 2020 small business goaling achievement follow
Koprince Law LLC · Aug 12, 2021
GAO: Non-Procurement Regulations No Grounds for Protest
The grounds for GAO protests are numerous, ranging from vague terms in a solicitation to showing that an awardee’s proposal lacked needed information. However, they are not unlimited. One protester argued that the terms of a solicitation were inconsistent with regulations concern
Koprince Law LLC · Aug 11, 2021
GAO’s Alternative Dispute Resolution Conference – Too Little, Too Late
The costs of filing a bid protest can dissuade some protesters from submitting bid protests. One silver lining for protesters is a recommendation for reimbursement of costs upon a sustained decision. However, even when GAO says a protest is “clearly meritorious”, the protest may
Koprince Law LLC · Aug 9, 2021
SmallGovCon Week in Review: August 2-6
Happy Friday, All. We hope you had a productive week (or if you were on vacation, hope you were able to just tune out). Here are some highlights in federal government contracting including news on the contracting dollars in the 2020 fiscal year , a bill aimed at enhancing small b
Koprince Law LLC · Aug 6, 2021
SBA Issues 2020 Small Business Scorecard, Small Business Contracting Over $145 Billion!
The SBA released its annual Small Business Procurement Scorecard for fiscal year 2020 of how federal agencies are doing in meeting their small business goals. The SBA, in announcing the Scorecard, highlighted that small businesses received $145.7 billion in federal contracts , a
Koprince Law LLC · Aug 5, 2021
Koprince Law is Now Koprince McCall Pottroff LLC!
It is with great pleasure that we announce that the firm you have known as Koprince Law LLC has a new name: Koprince McCall Pottroff LLC The firm, a boutique federal government contracts firm in Lawrence, KS, will continue to focus on providing services to federal contractors thr
Koprince Law LLC · Aug 3, 2021
CIO-SP4 Amendment 9, a Last Minute Stay
With less than 24 hours left until proposals were due, NIH released Amendment 9, staying the proposal deadline until August 20, 2021 at Noon Eastern. Amendment 9 says it changes very little, but the innocuous cover letter belies a major change to evaluations for Other Than Small
Koprince Law LLC · Aug 3, 2021
CBCA Cannot Waive Its Own Filing Deadlines
4 C.F.R. 21.2(b) states that, for GAO protests, GAO has the option to dismiss or not dismiss a protest that is filed late if there is good cause or it is an important issue. In other words, if there’s a good reason, GAO can accept an untimely protest. (Please note that this is no
Koprince Law LLC · Aug 3, 2021
SmallGovCon Week in Review: July 26-30, 2021
Happy Friday, Readers. We have been in the midst of a heatwave here in Kansas with temperatures at 100 degrees and the humidity at 91%. Whew! We are very grateful for air conditioning during the dog days of summer. Here’s an interesting fact. The ancient Romans called the hottest
Koprince Law LLC · Jul 30, 2021
Event: Top 21 Legal Mistakes in Federal Government Contracting
The federal government contracting rulebook is notoriously complex and confusing–but not all confusion is created equally. As attorneys serving federal contractors (many of them small businesses), my colleagues and I often see contractors making the same common legal mistakes or
Koprince Law LLC · Jul 29, 2021
GAO: Agency Has Discretion on Type of Socioeconomic Set-Aside for Procurement
From a recent GAO decision it appears that the ends can, in fact, justify the means; at least when it comes procurement set-asides for HUBZone companies. The decision is Foxhole Technology, Inc. B-419577 (May 12, 2021). In this matter, Foxhole Technology, Inc., a service-disabled
Koprince Law LLC · Jul 28, 2021
Is the Revision to the FAR’s Limitations on Subcontracting Finally Nearing the Finish Line?
On June 30, 2016, a major new SBA regulation took effect, overhauling the limitations on subcontracting. The SBA’s new regulation, codified at 13 C.F.R. 125.6, replaced the “old” formulas for calculating compliance–like “cost of the contract incurred for personnel,” for service c
Koprince Law LLC · Jul 27, 2021
Five Things You Should Know: SBA 8(a) Program Potential for Success
SBA requires that its 8(a) Business Development Program applicants demonstrate “reasonable prospects for success in competing in the private sector if admitted to the 8(a) BD program” by meeting a number of criteria. This aptly named potential for success rule is easily one of th
Koprince Law LLC · Jul 26, 2021
CIO-SP4 Amendment 8 – NIH Puts Small Businesses Behind the 8-ball
CIO-SP4 Amendment 7, we barely knew you. Less than a week after Amendment 7 went live, we have another amendment to dig into. What is new in this amendment? We have major changes to Other Than Small Business (OTSB) and Emerging Large Business (ELB) certifications. For small busin
Koprince Law LLC · Jul 23, 2021
SmallGovCon Week in Review: July 19-23
Happy Friday, Readers. Can you believe we are heading into the home stretch of July already? We hope you are able to get in some R&R around this time of year. But it was also an important week in the Federal government contracting arena. Some of the big stories included more over
Koprince Law LLC · Jul 23, 2021
GAO: A Higher Rating for One Offeror does Not Mean A Competitor was Penalized
It seems like it should go without saying, but, just because an offeror with better evaluation ratings is preferred over one with neutral ratings does not mean the latter offeror was penalized for having neutral ratings, or that the neutral rating was a penalty. Nonetheless, in a
Koprince Law LLC · Jul 22, 2021
CIO-SP4 Amendment 7 – Major Changes to Small Business Teaming Arrangements
CIO-SP4 proposals are now due August 3, 2021. Currently, seven bid protests have been filed with GAO. These amendments are now coming fast and furious. Amendment 6 went live on July 9, 2021, and 10 days later we have another new amendment. Below are some of the key changes in Ame
Koprince Law LLC · Jul 20, 2021
CIO-SP4: Large Mentors Now Get More Credit
I wrote earlier about the restriction on the number of experience examples a large business mentor can provide. Well, NITAAC has listened! OK, they probably weren’t listening directly to me, but let me have this one, alright. CIO-SP4 has been amended to allow large business mento
Koprince Law LLC · Jul 19, 2021
Event: 2021 GovCon Accounting Summit
Robert Jones of Left Brain Professionals is putting on the GovCon Accounting Summit this week. I’ll be involved in a Panel Discussion – The Need for GovCon Accounting Advisors, at 9:00 AM-10:30 AM ET on July 22, 2021. Hope to see you there. There are many other great topics at th
Koprince Law LLC · Jul 19, 2021
SmallGovCon Week in Review: July 12-16
Happy Friday, readers! We hope you are enjoying the beautiful summer days. We here at SmallGovCon have definitely been getting out for some much needed vacation time lately. But we still want to keep you up to date on what’s going on in the federal contracting realm. Here are a f
Koprince Law LLC · Jul 16, 2021
Five Things You Should Know: Tips for Understanding and Using the FAR
Government contracting officials receive detailed training on the FAR. So do employees of some large contractors. But for many others in government contracting, particularly small businesses, there is no formal FAR training. For them, the FAR can seem overwhelming, even scary. I’
Koprince Law LLC · Jul 15, 2021
Event: The SBA’s Small Business Affiliation Rules for Government Contractors, Hosted by The Catalyst
My colleague Steven Koprince and I are pleased to be speaking at The Catalyst Center for Business & Entrepreneurship this Thursday. Please join us on July 15, 2021 from 3:00 PM – 5:00 PM (CDT) as we discuss the SBA’s affiliation rules in plain English, from rules governing common
Koprince Law LLC · Jul 13, 2021
SBA Interpretation of Runway Extension Act Confirmed by Court
The Court of Federal Claims recently reviewed the Small Business Runway Extension Act, particularly SBA’s contention that it was not bound by the 5-year lookback period that Congress enacted for size receipt calculations. Now, SBA has issued its own rule that it will use the 5-ye
Koprince Law LLC · Jul 12, 2021