SmallGovCon
Small business federal contracting commentary.
SmallGovCon Week in Review: Feb. 1 – Feb. 5, 2021
We here at SmallGovCon have something on our minds this week, and it’s not only a roundup of the most important federal contracting news. A little game called the Super Bowl features our hometown Kansas City Chiefs, hoping to repeat as champions! This Chiefs-themed anthem has bee
Koprince Law LLC · Feb 5, 2021
Buy American Act Executive Order Promises Much, Will it Deliver?
The White House has released the final language of the Buy America Act. Our recent post looked forward to what we could expect from the final rule. Now the rule has been released, so what is in it? The executive order promises quite a bit, and a lot of what is promised we will li
Koprince Law LLC · Feb 4, 2021
New GovCon Handbook Arriving Soon! The 8(a) Program 2021 Edition
I’m so excited to announce that a new Koprince Law LLC GovCon Handbook entitled, The 8(a) Program, is coming soon! This handbook–complete with all the SBA’s important changes from the past couple years–was co-authored by myself and Steven Koprince. It will be published through Am
Koprince Law LLC · Feb 3, 2021
Five Things You Should Know: the FAR’s Independent Pricing Certification
Small businesses will see several major multiple-award solicitations in 2021, including CIO-SP4 and Polaris. As contractors develop their capture strategies for important procurements like these, one frequently-asked question is, “can I be on multiple teams?” While there is no si
Koprince Law LLC · Feb 3, 2021
GAO Sustains Protest, Reminds Government It Must Show Its Work
If a teacher has told you once, they’ve told you a thousand times, show your work. That was GAO’s reminder to GSA in its decision in Hoover Properties, B-418844 (Sept. 28, 2020). In the case, GAO sustained a protest from property management company Hoover Properties, the non-awar
Koprince Law LLC · Feb 1, 2021
SmallGovCon Week in Review: Jan. 25 – Jan. 29, 2021
Hope our SmallGovCon readers had a great week! I want to give a shout out to the fine people at PubK, who did a great job hosting the Government Contracts Annual Review! It was a well-run and informative event. This week saw some intriguing breaking news, such as an SBA summary o
Koprince Law LLC · Jan 29, 2021
Agency’s Decision to Cancel FAR Part 8 Solicitations and Move the Work to Existing Multiple Award Contract Was Flawed, Says COFC
We already blogged on the COFC’s landmark Rule of Two decision in Tolliver Grp., Inc. v. United States. But the court’s two-part holding (in favor of the plaintiffs on both counts) was just too impactful for a single blog. Not only did the court fault the agency for failing to do
Koprince Law LLC · Jan 28, 2021
Event: Still a Game Changer: The SBA’s All Small Mentor-Protégé Program (2021 Update)
SBA’s All Small Mentor-Protégé Program isn’t a baby anymore—in fact, it isn’t even a toddler! But it remains a “game-changer” for large and small contractors alike. Now, it is effectively absorbing its 8(a) Mentor Protégé Program counterpart. On February 11, please join me and St
Koprince Law LLC · Jan 27, 2021
Limitations on Subcontracting: Compliance Presumed Unless Proposal Clearly Shows Otherwise
America’s criminal justice system is founded on the principle that a defendant is innocent until proven guilty. And when it comes to compliance with the limitations on subcontracting, a similar principle applies. In a recent bid protest decision, the GAO confirmed that a small bu
Koprince Law LLC · Jan 26, 2021
Event: How Will the New Legislative Changes Affect Your Small Business
The rules for small businesses, 8(a)s, SDVOSBs/VOSBs, WOSBs/EDWOSBs and HUBZones have changed a lot in recent months, and more changes are on the horizon in 2021! On February 4, please join me and and Steven Koprince as we cover these important changes, in an online session hoste
Koprince Law LLC · Jan 26, 2021
Five things to Look for in Executive Order Strengthening Buy American Act
As we have blogged about previously, the Buy American Act has a number of exceptions and waivers. The United States spends hundreds of billions of dollars each year in contracting alone. The Buy American Act is intended to keep federal dollars in the hands of American companies a
Koprince Law LLC · Jan 25, 2021
SmallGovCon Week in Review: Jan. 18 – Jan. 22, 2021
This has been an important week for the federal government, and by extension, federal contractors. We’ve celebrated both the Martin Luther King Jr. holiday as well as Inauguration Day. The incoming Biden administration is sure to change up some of the policies affecting federal c
Koprince Law LLC · Jan 22, 2021
Not All Claims That Wander Into the ASBCA Will Be Heard
Some times it’s easy to forget that the world of government contracting, including the many agencies which oversee its administration, exist within an overarching federal system of delegated powers, which comes to bear on the outcome of disputes. The Armed Services Board of Contr
Koprince Law LLC · Jan 21, 2021
VA SDVOSB “Rule of Two”: Contracting Officer’s Price Reasonableness Determination Need Not Defer to FSS
The VA’s “rule of two” for service-disabled veteran-owned small businesses provides a powerful contracting preference. Thanks to the rule of two, the VA awarded 23.39% of prime contracting dollars to SDVOSBs in Fiscal Year 2019, compared to 4.39% governmentwide. But the rule of t
Koprince Law LLC · Jan 20, 2021
Changes to the Gig-Contractor Rule: Biden Administration Poised to Freeze New Rule From Taking Effect
The Department of Labor on January 7, 2021 posted a final rule regarding the classification of so-called “gig contractors.” The final rule is set to take effect on March 8, 2021. A big question mark looms over whether this rule will actually take effect. The incoming Biden admini
Koprince Law LLC · Jan 19, 2021
COFC Says Agency Must Consider Rule of Two Before Using Multiple-Award IDIQ Contract Vehicle
The United States Court of Federal Claims (COFC) has ruled that an agency has to conduct a small business Rule of Two analysis before it can use an existing multiple-award indefinite delivery indefinite quantity (MAIDIQ) contract vehicle to procure services. This is a landmark de
Koprince Law LLC · Jan 18, 2021
SmallGovCon Week in Review: Jan. 11 – Jan. 15, 2021
Happy Friday to our SmallGovCon readers! This weekend, I’ll be watching my hometown Chiefs as they begin their journey towards repeating as Super Bowl Champions. Hope you all have have a nice weekend. But before the weekend, be sure to check out some important federal contracting
Koprince Law LLC · Jan 15, 2021
2020 Rewind: The Year’s Biggest Government Contracting News Affecting Small Businesses
Let’s face it: most people won’t look back on 2020 with anything remotely approaching nostalgia. Here at Koprince Law LLC, we are eager to turn the page and move on with 2021, too. But small businesses shouldn’t forget 2020 completely. The year brought many important developments
Koprince Law LLC · Jan 13, 2021
Update: SBA Issues 8(a) Program Term Extension Rule
SBA has issued its rule allowing for an extension of 8(a) program terms by one year, as directed by Congress. The rule will be effective immediately on January 13, (barring some publication delay). Read on for the key terms from the new rule. Here are the key highlights from the
Koprince Law LLC · Jan 12, 2021
No Ostensible Subcontractor Rule for Manufactured Product Procurements, SBA OHA Confirms
The SBA’s ostensible subcontractor rule can be a minefield for small prime contractors, who must be careful to avoid risk factors for affiliation with their large subcontractors. But not every small prime need worry about ostensible subcontractor affiliation. As a recent SBA Offi
Koprince Law LLC · Jan 11, 2021
SmallGovCon Week in Review: Dec. 28, 2020 – Jan. 8, 2021
I was going to wish a Happy New Year to our readers, and I still hope people are having a nice start to the New Year. But the recent violence in the Capital has cast a pall over the start to this year. As citizens of this fine country and people striving to improve federal govern
Koprince Law LLC · Jan 8, 2021
Reverse Auctions: Proposed Rule Poised to Strengthen Regulatory Framework
The DoD, NASA, and GSA have proposed new rules aimed at providing transparency for reverse auctions after GAO reports in 2013 and 2018 signaled the need for guidance on reverse auctions to achieve cost savings and reduce fees. As context, the FAR was amended in 1997 to allow for
Koprince Law LLC · Jan 7, 2021
Solicitation Ambiguities: Speak Now, or Forever Hold Your Peace
When a federal solicitation is vague, ambiguous or internally contradictory, it is common for offerors to hold their tongues. Instead of challenging the solicitation’s defects before proposals are due, many offerors decide to submit proposals and “see how it plays out.” Later, if
Koprince Law LLC · Jan 5, 2021
8(a) Term Extension Questions and Details
Since the COVID-19 Relief Bill passed was enacted on December 27 (including the 8(a) term extension that we discussed earlier), the 15-day window for SBA’s rules on the extension falls on January 11. Here are some thoughts on how we think SBA may fill in the gaps for this importa
Koprince Law LLC · Jan 4, 2021
Happy New Year from SmallGovCon!
While it’s always exciting to look to a new year, moving on from 2020 will be especially meaningful. However, there were a number of important updates to federal contracting rules in 2020 that we were excited to share with our readers. We wish our readers a happy and healthy star
Koprince Law LLC · Dec 31, 2020