SmallGovCon
Small business federal contracting commentary.
An Agency’s Broken Promise is Not GAO’s Problem
GAO recently dismissed a challenge to the terms of a solicitation—even though those terms directly contradicted the procuring agency’s promise made during a prior protest of the solicitation. Is that right? Let’s take a look. Air Resources Helicopters, Inc., B-418317 (Feb. 5, 202
Koprince Law LLC · May 11, 2020
Newsflash: The Final Rule Implementing SBA Certification for WOSBs Is Here!
On Monday, the Small Business Administration will publish a Final Rule updating the certification methods for businesses applying for and participating in the Women-Owned Small Business program. The new Rule will also impose new thresholds for demonstrating economic disadvantage,
Koprince Law LLC · May 8, 2020
SmallGovCon Week In Review: May 4 – May 8, 2020
While we’ve recently enjoyed some sunny spring weather in Lawrence, KS, this week saw the other side of spring: overcast days and rain. While working from home, this means staring out the window at a grey sky. So, while we continue to cope with the effects of COVID-19, it can be
Koprince Law LLC · May 8, 2020
Want Increased Costs Caused by an Epidemic? Look at Your Contract!
Contractors in the COVID-19 era may be tempted to think that the Government will compensate them for increased costs caused by virus-induced shutdowns, quarantines, and the like. And this line of thought has some inherent appeal. After all, the virus was entirely unforeseen by bo
Koprince Law LLC · May 7, 2020
What Happens When a Company Takes a PPP Loan it Doesn’t Need?
As we said in this space a few days ago, the SBA has put in place a safe harbor until May 14 for companies to return Paycheck Protection Program loan money if they find they don’t need it. No harm, no foul. So, what happens if they don’t need it, but don’t return it? Maybe Clubbe
Koprince Law LLC · May 6, 2020
YouTube Tuesday: What is Affiliation? An Overview
Affiliation is a broad and often confusing concept that commonly arises in the context of government contracting. In this YouTube video, I walk you through the basics of affiliation, including the main types of affiliation and the implications of being found affiliated. Stay tune
Koprince Law LLC · May 5, 2020
Agency Must Consider Price Before Eliminating a Contractor from Competitive Range, GAO Confirms
In theory, best value procurements provide the government with an opportunity to select a higher priced proposal where the higher price is justified by the technical superiority of the proposal. In practice, though, the technical factors of a best value procurement can seemingly
Koprince Law LLC · May 4, 2020
Reminder: Joint Venture Agreements Must Include Required Provisions
It’s no secret that federal contract opportunities are becoming more and more competitive. But as we’ve previously gushed, small businesses enjoy a tremendous tool for enhancing their competitiveness: participating in a joint venture with another company. Properly formed, a joint
Koprince Law LLC · May 4, 2020
PPP Update: New $20 Million PPP Loan Limit for Corporate Groups
On Monday, May 4, the SBA will issue another Interim Final Rule updating the Paycheck Protection Program—this time limiting the “aggregate amount of PPP loans that any single corporate group may receive.” Under the new Interim Final Rule, “businesses that are part of a single cor
Koprince Law LLC · May 1, 2020
SmallGovCon Week In Review: April 27 – May 1, 2020
The federal government and federal contractors continue to deal with the fallout from COVID-19, while still providing the many functions of government. Because the work of government keeps on keepin’ on, there were a number of interesting updates in the federal contracting world
Koprince Law LLC · May 1, 2020
PPP Loan Payback? Safe Harbor Provision Lets Companies Pay Back “Unnecessary” Loan Money
If you’re a parent, you might be familiar with the SBA and Treasury Department’s current strategy to crack down on businesses taking Paycheck Protection Program funds when they don’t qualify: if ineligible businesses ‘fess up and return the money by May 7, nobody gets in trouble.
Koprince Law LLC · Apr 30, 2020
Client Spotlight: Active Deployment Systems Gives Back To Those Impacted By COVID-19
For many people—and for businesses all across the country—the news over the past month or two has been bleak. Even for those lucky enough to stay healthy, COVID-19 has caused significant financial pain, as business disruptions have led to unemployment numbers rivaling those seen
Koprince Law LLC · Apr 30, 2020
New GovCon Handbook Coming Soon! Procedures and Pitfalls of Size Protests and Appeals
I’m pleased to announce that volume 5 of the “Koprince Law LLC GovCon Handbooks” series will be published soon! This GovCon Handbook, entitled Procedures and Pitfalls of Size Protests and Appeals, will be published through Amazon. Check the video below and the rest of this post f
Koprince Law LLC · Apr 29, 2020
YouTube Tuesday: SmallGovCon Announces its New Channel!
This YouTube Tuesday is extra special for SmallGovCon, as we launch our new YouTube Channel! Check out our first video below and subscribe for new weekly videos here. On SmallGovCon’s new YouTube Channel, we aim to provide you with the fundamentals of Federal Government Contracti
Koprince Law LLC · Apr 28, 2020
OHA Remands Area Office’s Conflicting Decision in Concurrent Size and Status Protests
What happens when an SBA area office finds a joint venture compliant with SBA rules in a size protest, but SBA’s Office of Hearings and Appeals says the same agreement fails to meet requirements in a status protest? Let’s find out. KTS Sols., Inc., SBA No. SIZ-6049 (Feb. 28, 2020
Koprince Law LLC · Apr 27, 2020
SmallGovCon Week In Review: April 20 – April 24, 2020
Spring has definitely sprung here in Lawrence. The red buds are blooming everywhere. As many of us are working from home, it’s interesting to see a different view out of the window as we wait for the time when we can return to the office. But, in the mean time, we’re still provid
Koprince Law LLC · Apr 24, 2020
CAAC Recommends Class Deviation to Accelerate Payments to Small Business Contractors
In the ongoing effort to minimize the effects of COVID-19, the Civilian Agency Acquisition Council (CAAC) has recommended that agencies implement a class deviation to accelerate payments to small business prime contractors to prime contractors with small business subcontractors.
Koprince Law LLC · Apr 23, 2020
Senate Approves Bill to Replenish Paycheck Protection Program Funds
We’ve written a lot about the Paycheck Protection Program as part of the blog’s COVID-19 coverage. The program has really been helping a lot of businesses, so much so that the money ran out a few days ago. Well, the Senate has approved a bill that would replenish funds for the Pa
Koprince Law LLC · Apr 22, 2020
YouTube Tuesday: Timing is Everything- Filing Size Protests
As with many things, when filing a size protest with the Small Business Administration, timing is of the utmost importance! In this YouTube video, I walk you through how to file your size protest on time to avoid dismissal: Stay tuned to the blog for more important information on
Koprince Law LLC · Apr 21, 2020
Unreasonable Cost Adjustment Leads to Sustained Protest
Of late the pages of this blog have been entirely coronavirus and COVID-19 obsessed—and for good reason. But that does not stop the Government Accountability Office from deciding bid protests. With all that’s been going on, writing about a GAO decision regarding run-of-the-mill u
Koprince Law LLC · Apr 20, 2020
SmallGovCon Week In Review: April 13 – April 17, 2020
I hope all of our readers are doing well and staying healthy. Here at SmallGovCon, we’ve been monitoring the ongoing updates from the federal government for news relevant to federal contractors. This week, our attorney-authors provided a few more updates about relief for contract
Koprince Law LLC · Apr 17, 2020
SBA Updates Interim Paycheck Protection Program Rule for Self-Employed Individuals
As the social isolation saying goes: “Another day; another clarification from the SBA regarding the Paycheck Protection Program.” Alright, maybe that saying hasn’t caught on, yet. Nevertheless, the SBA did publish additional guidance specific to sole proprietors and general partn
Koprince Law LLC · Apr 16, 2020
SBA Provides Flexibility for HUBZone Compliance
We’ve written quite a few posts about how contractors can adapt and deal with the changes caused by the COVID-19 pandemic. Some small businesses federal contractors, however, face unique challenges. This is particularly true of participants in the HUBZone Program. Specifically, w
Koprince Law LLC · Apr 15, 2020
YouTube Tuesday: CMMC–Cybersecurity, Trust but Verify Edition
CMMC continues to be in the news as the government ramps up the process to start requiring contractors to be compliant with the Cybersecurity Maturity Model Certification. In this video, I remind contractors why CMMC is so important. View the full article
Koprince Law LLC · Apr 14, 2020
SBA Formalizes Guidelines on Paycheck Protection Program, Will Accept Public Comment
The SBA is set to release two interim final rules on the Paycheck Protection Program (PPP). While much of the SBA’s guidance and procedure for these loans has already been discussed and released on SBA’s website, this is SBA’s formal rulemaking that aggregates all of the rules on
Koprince Law LLC · Apr 13, 2020