SmallGovCon
Small business federal contracting commentary.
OHA and the Ostensible Subcontractor Rule: A Two-Prong Test You Can’t Fix After the Fact
In a recent decision, OHA ruled that the ostensible subcontractor rule requires a two-prong evaluation before SBA can find affiliation. The SBA Area Office took a look at only one prong, which resulted in a remand from OHA. Ultimately, OHA found affiliation, reversed the SBA Area
Koprince Law LLC · Dec 30, 2020
Proposal Points of Contact: Don’t Rely on Automatic Email Response, GAO Decision Warns
Agencies commonly ask offerors to designate a point of contact for communications about the proposal. But what happens if the person the offeror identifies is unavailable when the agency reaches out? A recent GAO bid protest decision is a cautionary tale and suggests some best pr
Koprince Law LLC · Dec 28, 2020
GAO Annual Bid Protest Report Shows 51% Effectiveness Rate
In 2020, the GAO Bid Protest effectiveness rate crossed the 50% threshold, higher than we’ve seen it in any recent year. Overall, cases filed went down a mere 2% year over year. GAO issues its yearly report as a requirement under statute. Congress is particularly concerned with k
Koprince Law LLC · Dec 24, 2020
SmallGovCon Week in Review: Dec. 21 – Dec. 24, 2020
Merry Christmas and Happy Holidays to all our SmallGovCon readers! Hope you have a happy and healthy time over the holidays. But in case you need some reading to tide you over, here are some of the top government contracting updates from this week. These included insights on a po
Koprince Law LLC · Dec 24, 2020
Congress Requires Large Primes to Provide Past Performance Reviews to Small Subcontractors–And Agencies to Consider Them
Breaking into the federal government contracting marketplace can be challenging, and many small businesses choose to start as subcontractors. But when those companies later bid on prime contracts, they sometimes find that they cannot get past performance reviews for their subcont
Koprince Law LLC · Dec 23, 2020
Event: Small Business Contracting at Pub K’s Annual Review
As you make your plans for 2021, be sure to mark down Pub K’s Annual Year In Review. I’m excited to be part of a panel on small business contracting! There are other helpful panels on items ranging from claims to cybersecurity from January 25 through 28, so take a look at the ent
Koprince Law LLC · Dec 23, 2020
8(a) Participants to Receive One-Year Extension Through COVID-19 Bill
Congress has included in the new COVID-19 relief bill a one-year extension of the term for participation in the 8(a) Program. Under the provision, any small business concern participating in the 8(a) program on or before September 9, 2020 may “elect to extend such participation b
Koprince Law LLC · Dec 22, 2020
New DoD Rule Requires Formal Certification for WOSB and EDWOSB Contracts
The DoD has issued a new class deviation, effective immediately, which implements the SBA’s requirement that women-owned small businesses be formally certified to receive WOSB set-aside contracts. The class deviation contains a “priority review” procedure to allow companies with
Koprince Law LLC · Dec 22, 2020
Exceeding Solicitation’s Page Limit Renders Offer Technically Unacceptable, Even if It’s the Cover Page
In a recent decision, the GAO laid down a stark reminder of its unwavering demand that offers be meticulously compliant with the instructions of a solicitation. In the decision, GAO denied a protest challenging the agency’s evaluation of a proposal as technically unacceptable whe
Koprince Law LLC · Dec 21, 2020
Event: SDVOSB Programs Webinar, Hosted by Govology
The federal government spends more than $20 billion annually on contracts with service-disabled veteran-owned small businesses. But the rules governing SDVOSB eligibility can be complex and confusing – starting with the fact that the government runs not one, but two SDVOSB progra
Koprince Law LLC · Dec 21, 2020
SmallGovCon Week in Review: Dec. 14 – Dec. 18, 2020
Monday December 21 will be the shortest day of the year in United States. But guess what–that means we’ll be seeing more daylight starting Tuesday! While you are burning the midnight oil and preparing for the holidays, check out some of these recent federal contracting updates. T
Koprince Law LLC · Dec 18, 2020
IHS (Finally) Proposes Stronger Rules for Buy Indian Act
The Indian Health Service has released a proposed rule that will strengthen requirements for IHS to set aside contracts for businesses owned by tribal companies. The new rule should result in increased opportunities for native-owned businesses by bringing Buy Indian Act purchasin
Koprince Law LLC · Dec 17, 2020
Check Your Joint Venture Agreements: Under-the-Radar SBA Change Could Cause Problems
Joint ventures operating under the SBA’s All Small Mentor-Protege Program may need to adjust their joint venture agreements because of a little-noticed change to SBA’s joint venture rules. In its recent final rule, effective November 16, SBA amended two of the mandatory requireme
Koprince Law LLC · Dec 16, 2020
SBIR Program: Agencies Have Broad Discretion Over Phase III Awards, GAO Confirms
A federal agency has broad discretion to make a sole source award under Phase III of the Small Business Innovation Research program. In a recent bid protest decision, the GAO confirmed that an agency may make a Phase III award when the contract “derives from, extends, or complete
Koprince Law LLC · Dec 14, 2020
SmallGovCon Week in Review: Dec. 7 – Dec. 11, 2020
Hope your holiday season is going well. I’m enjoying the start of college basketball–finally getting to watch the hometown Jayhawks, who ended last season at number 1 in the polls! This week saw some key updates, including timing for STARS III awards and other small business GWAC
Koprince Law LLC · Dec 11, 2020
Congress Says Small Businesses Without Past Performance Can Submit Joint Venture Experience Instead
Per the 2021 NDAA that was recently approved by Congress, small business offerors without their own past performance experience can now submit experience earned as part of a joint venture–and the procuring agency must consider it. This change will significantly benefit newer comp
Koprince Law LLC · Dec 11, 2020
Too Little Too Late Taken Literally When It Comes To Agency-Level Protests
In a recent decision, GAO dismissed a protest challenging the USDA’s issuance of a lease contract as untimely where the protester’s communications with the agency did not constitute an agency-level protest, and the protest was filed more than 10 days after the notice that formed
Koprince Law LLC · Dec 9, 2020
Congress Lengthens Employee-Based Size Standard Period
If you’re a regular SmallGovCon reader (and we hope you are!), you probably are familiar with the Small Business Runway Extension Act. Under the Runway Extension Act, Congress lengthened the period used to determine small business status under receipts-based size standards, from
Koprince Law LLC · Dec 7, 2020
Congress to Extend 8(a) Terms by One Year
There is a substantial change for 8(a) Program Participants in the NDAA that was recently approved by Congress. The House and Senate have agreed to extend the term of 8(a) Participants from 9 years to 10 years for any company that was admitted to 8(a) Program by September 9 of th
Koprince Law LLC · Dec 7, 2020
HUBZone Appeals at OHA Are One Step Closer to Reality
The House of Representatives passed H.R. 8229, the “Parity for HUBZone Appeals Act,” by voice vote on December 3, 2020. It would allow appeal of HUBZone decisions to the SBA Office of Hearings and Appeals. What has long been a thorn in the side of HUBZone applicants or existing c
Koprince Law LLC · Dec 4, 2020
Congress Approves Government-wide SDVOSB Certification Requirement; Transfers CVE to SBA
The House and Senate have agreed to eliminate service-disabled veteran-owned small business self-certification and adopt a government-wide SDVOSB certification requirement, while transferring control of the certification process from the VA to the SBA. The Conference Report on th
Koprince Law LLC · Dec 4, 2020
SmallGovCon Week in Review: Nov. 23 – Dec. 4, 2020
Hope everyone had a great Thanksgiving and is staying safe and healthy! This week, we’ve got an extra helping of news for our roundup of federal contracting updates. Important updates from the past two weeks included the final CMMC acquisition rule, an update about category manag
Koprince Law LLC · Dec 4, 2020
GAO Dismisses Challenge to Brief Explanation of Award
Depending on the type of procurement, an agency will often provide either a brief explanation or debriefing after an award is made. But those explanations are difficult to challenge, as a recent GAO decision confirmed. In the decision, GAO dismissed a protester’s challenge to the
Koprince Law LLC · Dec 4, 2020
OHA: CVE Appeals Go Directly to Us, Not CVE
OHA recently confirmed it lacked jurisdiction over a CVE appeal mistakenly filed with CVE, not OHA, by the deadline. You might be thinking: “Oh come on, the CVE appeal was filed with CVE on time!” But OHA’s strict timeliness rules make no exception for any such mistakes in the CV
Koprince Law LLC · Dec 1, 2020
Event: Proactive COVID-19 Response for Federal Government Contractors
With COVID-19 cases on the rise, all of us are doing our best to stay safe and healthy. But for federal contractors, the COVID spike also brings increased risks of delays and other problems under active government contracts. On Thursday, December 3, please join me for “COVID-19:
Koprince Law LLC · Dec 1, 2020