SmallGovCon
Small business federal contracting commentary.
Event: APTAC Limitations on Subcontracting Session
For small businesses and their teammates, few topics in government contracting are as confusing as the limitations on subcontracting for set-aside and socioeconomic sole source contracts. And if that isn’t stressful enough, the “LoS” is an area of heavy enforcement: get it wrong,
Koprince Law LLC · Oct 28, 2020
SBA Rule Tamps Down Joint Venture Unequivocal Control Requirement
The SBA’s new rule on Consolidation of Mentor-Protégé Programs contained a lot of updates. One of those was concerned the level of control that a lead joint venture member has to have over a joint venture. In particular, SBA now says that the lead venturer doesn’t have to have un
Koprince Law LLC · Oct 28, 2020
SBA Inspector General Says SBA’s Corrective Actions Have Effectively Resolved 8(a) Eligibility Concerns
SBA’s Office of Inspector General (OIG) recently inspected SBA’s 2019-2020 corrective actions to determine whether they had effectively reduced the risks previously found in SBA’s 8(a) Program eligibility determinations. Apparently, the OIG liked what it saw. The SBA’s September
Koprince Law LLC · Oct 27, 2020
SBA Clarifies How to Calculate Joint Venture Receipts for Small Business Size Purposes
In many industries, small business status under SBA’s government contracting rules depends on a company’s average annual receipts. But if a company is a member of a joint venture, it can be confusing figuring out which joint venture receipts count toward the company’s small busin
Koprince Law LLC · Oct 26, 2020
SmallGovCon Week in Review: Oct. 19 – Oct. 23, 2020
We’ve made it through another week–well done! I wanted to give a shoutout to the University of Texas San Antonio PTAC. Steven Koprince and I enjoyed discussing some legal updates with them earlier this week. This week, we also explored some key changes from the recent SBA rule on
Koprince Law LLC · Oct 23, 2020
Joint Ventures and the Limitations on Subcontracting: SBA Provides Some Clarity
Joint ventures operating under the SBA’s regulations are subject to two work share restrictions: the limitations on subcontracting, which governs work share between the joint venture and its subcontractors) and the so-called “40 percent rule,” which governs work share between the
Koprince Law LLC · Oct 21, 2020
SmallGovCon Welcomes Quinten Fisher
I am pleased to announce that Quinten Fisher has joined our team of government contracts attorney-authors here at SmallGovCon. Quinten is an associate attorney with Koprince Law LLC, where his practice focuses on federal government contracts law. Before joining our team, Quinten
Koprince Law LLC · Oct 21, 2020
You May Dig Yourself into the Mud by Failing to Use the Standard Form for Your Bid Bond
When required, bid bonds are an essential aspect to a proper bid. Under FAR 52.228-1, they secure the liability of a surety to the government by providing funds to cover the excess costs of awarding to the next eligible bidder if the successful bidder defaults by failing to fulfi
Koprince Law LLC · Oct 21, 2020
SBA Fixes Joint Venture Security Clearance Problem
For joint ventures operating under the SBA’s regulations (including SBA-approved mentor-protege joint ventures), dealing with security clearances has been a particularly vexing issue: some contracting officers have insisted that a joint venture (an unpopulated, limited-purpose en
Koprince Law LLC · Oct 20, 2020
SBA Requires Consideration of Some Subcontractors’ Capabilities, Experience & Past Performance
It’s commonly misunderstood that the FAR requires procuring agencies to consider the capabilities, past performance and experience of an offeror’s proposed subcontractors. Unfortunately, that’s just not true. But now, as part of a comprehensive new final rule, the SBA will requir
Koprince Law LLC · Oct 20, 2020
Bye-Bye, “Three-in-Two” Joint Venture Rule
If you’ve attended one of my presentations on joint ventures over the years, you’ve probably heard me climb up on my soapbox and proclaim that the so-called “three in two” joint venture rule is one of my least favorite rules in government contracting. If you ask me, the rule is b
Koprince Law LLC · Oct 19, 2020
Event: Iowa State University CIRAS PTAC Affiliations Webinar
Amidst all the uncertainty that FY 2020 has brought, don’t let your understanding of SBA’s affiliation rules add to that list! Instead, join me and my colleague Steven Koprince for an exciting new learning opportunity. We will be presenting “Affiliations,” a virtual event hosted
Koprince Law LLC · Oct 19, 2020
SmallGovCon Week in Review: Oct. 12 – Oct. 16, 2020
The cold weather we’ve been getting this week might signal the end of the summer tomatoes and basil. But we can start looking forward to fall in earnest. For one thing, my kids are getting excited about Halloween. I hope SmallGovCon readers also have much to be excited about in t
Koprince Law LLC · Oct 16, 2020
Alert: SBA Issues Final Rule on Consolidation of Mentor-Protégé Programs and Other Contracting Rules
As we discussed, in late 2019 the SBA issued a proposed rule that would make a number of significant changes to the mentor-protege programs and other small business contracting rules. Well, the SBA will soon issue its final rule on these changes, so make sure you are aware of the
Koprince Law LLC · Oct 15, 2020
Event: Small Business Contracting Update & 2021 Preview
Fiscal Year 2020 is officially in the books. For small businesses in government contracting, it was a year of major changes–and many more changes are on their way in FY 2021. On November 22, please join me (virtually!) for “Small Business Contracting Update & 2021 Predictions,” s
Koprince Law LLC · Oct 15, 2020
YouTube Tuesday: Simplified Acquisition & Micropurchase Threshold Increase
Recent changes to the FAR increased the simplified acquisition and micropurchase thresholds! For change highlights, check out my video: Have questions? You can reach me here. The post YouTube Tuesday: Simplified Acquisition & Micropurchase Threshold Increase first appeared on Sma
Koprince Law LLC · Oct 13, 2020
Five Things You Should Know: The SDVOSB “Extraordinary Circumstances” Rule
If you’re part of a service-disabled veteran-owned small business, you’ve probably heard of the “extraordinary circumstances” rule–but there’s a lot of confusion out there about what the rule is and how it works. So let’s get right to it. Here are five things you should know abou
Koprince Law LLC · Oct 12, 2020
SmallGovCon Week in Review: Oct. 5 – Oct. 9, 2020
Happy Friday blog readers! Hope you are having a nice week. Kick back and relax with the latest federal contracting updates. This week saw some important federal contracting updates. SBA has increased its size standards for certain industries, among them agriculture, mining, some
Koprince Law LLC · Oct 9, 2020
DoD CMMC Requirements Begin Rollout November 30
February of 2020 seems like a long time ago, for many reasons. But that was when the official version of the Cybersecurity Maturity Model Certification (CMMC) standards were released. Recently, the DoD issued an interim rule that will update the DFARS to implement the assessment
Koprince Law LLC · Oct 8, 2020
Playing Games? GAO Requires NASA to Scratch $650 Million Contract Due to Foosball Snafu
While most of our get-togethers these days involve mask wearing, social distancing, and even virtual happy hours, spending time with friends is a great way to keep spirits light. Unfortunately for one group of friends, their weekly hangouts led GAO to conclude in its recent decis
Koprince Law LLC · Oct 7, 2020
House-Passed 2021 NDAA Creates Government-Wide SDVOSB Certification Requirement
Ever since the VA set up its SDVOSB verification program, critics of SDVOSB self-certification have been pushing for the government to expand SDVOSB verification government-wide. Now, it might finally happen. Section 831 of the House of Representatives’ version of the Fiscal Year
Koprince Law LLC · Oct 5, 2020
SmallGovCon Week in Review: Sept. 28 – Oct. 2, 2020
We’ve been having some great fall weather here in Kansas this week. From what I’ve heard from others around the country (other than the west coast), the cooler weather has definitely arrived. As you break out your sweaters and pumpkin spice . . . everything, check out the latest
Koprince Law LLC · Oct 2, 2020
Limitations on Subcontracting: Step-by-Step, Plain English Guides
In my legal career representing hundreds of small businesses in government contracting, few topics have caused as much confusion as the limitations on how much work can be subcontracted on small business set-aside contracts and sole source contracts (like 8(a) Program direct awar
Koprince Law LLC · Oct 1, 2020
University of Texas San Antonio PTAC Legal Update
I’m pleased to announce a new learning opportunity from me and my colleague Steven Koprince! There’s been some big changes for government contractors over the last year, so it’s important to sort through them all. To aid that process, we will be presenting “Government Contracts L
Koprince Law LLC · Sep 30, 2020
GAO Not Buying Agency’s Proposed Online Marketplace Solicitation
We all know online marketplaces are very popular among consumers, so it’s no wonder that federal agencies would want to get in on the action too. But a federal agency is different from an ordinary consumer because the federal government is required to purchase goods and services
Koprince Law LLC · Sep 30, 2020