SmallGovCon
Small business federal contracting commentary.
Five Things You Should Know: Responding to Size Protests
There are many things to know about responding to size protests. One could probably fill a book with the information-(actually I did, for those who want a real deep dive!). But if you need to know just the basics, here are five things you should know about size protests that can
Koprince Law LLC · Apr 27, 2021
SBA’s SDVOSB “Normal Business Hours” Rule Needs Fixing–Here’s How
SBA’s regulations for service-disabled veteran-owned small businesses create a rebuttable presumption that a service-disabled veteran doesn’t control the company if the veteran is unable to work normal business hours in the company’s industry. The rule sounds reasonable at first
Koprince Law LLC · Apr 26, 2021
SmallGovCon Week in Review: April 19-April 23
As you move into the weekend, be on the lookout for the Pink Moon. It’s not really pink though, the name comes from the herb moss pink, also known as creeping phlox, so NASA tells me. This is one of the earliest flowers of spring. So even if you don’t actually see a pink moon, it
Koprince Law LLC · Apr 23, 2021
Are You a Small Business Being Acquired by a Large Business? Check Your Pending Bids
Many small business clients of mine have been approached by or considered acquisition by a larger firm. Well, if this sort of sale or merger would turn a small business into a large business, the small business should pay close attention to a little-publicized change stemming fro
Koprince Law LLC · Apr 21, 2021
Congress Should Codify–and Expand–SBA’s Solution to the “Runway Extension” Small Business Size Calculation Problem
In January 2022, the rules regarding calculating small business size status for federal procurements will change dramatically. Companies operating under receipts-based size standards will be required to use their last five completed fiscal years–not three. And businesses operatin
Koprince Law LLC · Apr 19, 2021
SmallGovCon Week in Review: April 12-April 16
Lately, I’ve been enjoying attending my daughter’s soccer games on the weekend. It’s nice getting out into the fresh air. Hope you are able to enjoy some fresh air this weekend as well. But before you do, check out the latest updates in government contracting. This week saw some
Koprince Law LLC · Apr 16, 2021
Past Performance: Agency Can Consider Whether Prime & Subcontractor Have Worked Together Previously
An agency’s past performance evaluation may consider whether the prime contractor and a proposed subcontractor have worked together previously–even if the solicitation is silent about such consideration. In a recent bid protest decision, the GAO held that there was nothing improp
Koprince Law LLC · Apr 15, 2021
5 Things to Know About an 8(a) Bona Fide Place of Business
Eligibility to bid for construction contracts in the 8(a) program can be a maze to navigate for small businesses. The lifeblood for these companies is identifying and becoming eligible to bid for these prized solicitations. As a new 8(a) entity, or one looking to branch out, you
Koprince Law LLC · Apr 14, 2021
SBA Suggests Three Pages or Fewer for Social Disadvantage Narratives–But Really?
SBA guidance on Certify.SBA.Gov suggests that an 8(a) Program applicant’s social disadvantage narrative should be “three pages or less.” While we are definitely in the habit of recommending small business contractors to follow SBA’s guidance most of the time, we simply cannot cli
Koprince Law LLC · Apr 12, 2021
Event: Three-Part Series on Joint Ventures & Prime/Subcontractor Teams
For small and large businesses alike, joint venturing and prime/subcontractor teaming on federal contracts can bring powerful benefits. But the rules governing teaming and JVs can be complex, and in focusing on compliance, sometimes best practices can get lost in the shuffle. On
Koprince Law LLC · Apr 12, 2021
SmallGovCon Week in Review: April 5-April 9
As I drove into work today, the redbuds are in full bloom. The purple flowers are the first to appear, after a long, cold winter and it’s a pretty sight and a sure sign that spring is here. Hope you are able to enjoy some nice spring weather this weekend and immerse yourself in t
Koprince Law LLC · Apr 9, 2021
SBA’s Plans For New Rules in 2021 and Beyond
SBA has issued its regulatory agenda for what rules it plans to roll out later this year. Here is a rundown of the key rules. SBA recently released its semiannual Regulatory Agenda, which is a summary of current and projected regulatory actions, and invited the public to comment.
Koprince Law LLC · Apr 7, 2021
Event: Government Contracts Update with UTSA PTAC
My colleague Steven Koprince and I will be providing a Government Contracts Legal Update 2021 in cooperation with The University of Texas at San Antonio Institute for Economic Development PTAC. We will provide a comprehensive update on the most important government contracting le
Koprince Law LLC · Apr 7, 2021
If You Plan to Use the SBA’s Template Joint Venture Agreement, Read This First
If you’re setting up your first joint venture under the SBA’s rules, you may be tempted to download the SBA’s template joint venture agreement and use it as-is. But, as of the date of this post, the SBA’s template joint venture agreement is outdated–and it also has some other qui
Koprince Law LLC · Apr 5, 2021
SmallGovCon Week in Review: March 29-April 2
Hard to believe it, but March has come and gone and now we’re one quarter of the way through 2021! As you try and figure out where the year has gone this weekend, peruse these government contracting updates that reflect on what has occurred and what could happen during the rest o
Koprince Law LLC · Apr 2, 2021
Koprince Law Announces Nicole Pottroff as Partner
Koprince Law LLC, a boutique federal government contracts firm in Lawrence, KS, is pleased to announce that that Nicole Pottroff has now been elevated to partner status with the firm! Nicole’s legal practice focuses exclusively on representing federal government contractors. Amon
Koprince Law LLC · Apr 1, 2021
Past Performance Isn’t Always a Required Evaluation Factor, Says GAO
For companies trying to break into the government market for the first time, past performance can seem a bit like the old chicken-and-egg conundrum. Sometimes it can appear like a company can’t win a government contract without a strong record of past performance–but can’t build
Koprince Law LLC · Mar 30, 2021
Small GovCon Week in Review: March 22-26
Our hometown Jayhawks basketball team didn’t fare so well in the NCAA tournament. That’s alright; spring is right around the corner. And with it some nice weather across the country. Hope you are able to enjoy the outdoors this weekend. But before the weekend arrives, this week b
Koprince Law LLC · Mar 26, 2021
OHA: Prime-Subcontractor Teams are Different than Joint Ventures for Size Purposes
The ostensible subcontractor rule says that, for a small business or socioeconomic set-aside such as 8(a), the small business prime contractor must perform the primary and vital parts of the contract and can’t be unduly reliant on a subcontractor. If the small business is found t
Koprince Law LLC · Mar 25, 2021
Event: Understanding & Obtaining HUBZone Certification – Update 2021
Live Govology Webinar: April 8, 2021, 1:00-2:30pm EDT Instructors: Steven Koprince & Shane McCall In late 2019, the SBA issued a final rule, making several changes to the HUBZone program. Join us as we discuss these changes as well as SBA’s related guidance and provide an overvie
Koprince Law LLC · Mar 25, 2021
Update: DUNS Not “Done” Until Spring 2022
GSA has recently announced that the long anticipated DUNS Number transition to the new Unique Entity ID (UEI) Standard has been pushed back to April 2022. We first blogged on GSA’s intention to swap out the DUNS numbering system for the UEI Standard in July 2019. We also “demysti
Koprince Law LLC · Mar 24, 2021
SBA’s Change to Joint Venture Bank Account Rule is Another Trap for the Unwary
If you are part of a joint venture between a small protege and its large mentor under the SBA’s Mentor-Protege Program, heads up: the SBA recently amended its list of mandatory requirements for joint venture agreements to cover what happens to funds left over in the joint venture
Koprince Law LLC · Mar 23, 2021
Small GovCon Week in Review: March 15-19
March Madness begins today and as residents of a city where basketball reigns supreme (Lawrence, Kansas) I can tell you that we are all beyond excited about the NCAA tournament. We have our brackets completed and locked in so let the games begin! We are also seeing signs of Sprin
Koprince Law LLC · Mar 19, 2021
Event: Winning Relationships: Best Practices for Teaming, Mentor-Protégé & Joint Venture Agreements
You won’t want to miss this free event on Thursday, March 25, 2-4:00pm EDT, hosted by Michelle Gardner-Ince, Director of the Women-Owned Veteran Small Business Initiative (WVOSBI). This session will include a panel discussion by seasoned legal and successful business professional
Koprince Law LLC · Mar 19, 2021
Event: Special Two-Session 8(a) Course with Jackie Robinson-Burnette
Mention Jackie Robinson-Burnette to anyone who participated in the 8(a) Program between 2014 and 2017, and you’re sure to get a big smile. As the SBA’s Associate Administrator of 8(a) Business Development, and then the Deputy Associate Administrator for Government Contracting and
Koprince Law LLC · Mar 18, 2021