GovCon Reading List: November 2024

Government contracting is challenging. Expert insights can help!

Every month in this newsletter, I publish a hand-picked collection of the best expert-written articles on federal contracting from the previous month. For November, I've rounded up some of the top expert articles on that little CMMC rule that recently dropped, along with articles about the SBA's proposal to apply the "rule of two" to multiple-award contracts, expert advice on SAM profiles, and much more.

In case you hadn't noticed, today is Election Day! If you haven't voted yet, please, drop whatever you're doing and go vote. It matters! These awesome articles will be here when you get back.

Enjoy!

• SAM Scams: Protect Your Company by Stephanie Crawford , Michael Samuels, Alexandra Barbee-Garrett & Allison Skager with Crowell & Moring . "Recent phishing scams and efforts to gain access to registrations indicate sophisticated actors are attempting to manipulate SAM registrations, possibly for access to payments from the government, among other reasons," the authors say. The article breaks down some of these recent SAM scams and how to protect against them.
• Countdown to Compliance: DoD Finalizes the CMMC Program Rule by Townsend Bourne , Lillia Damalouji & Sydney Howe with Sheppard Mullin Richter & Hampton LLP . Townsend Bourne and her colleagues are always one of my go-to sources for understandable expert insight on cybersecurity issues affecting government contractors. This article provides an excellent overview of the CMMC final rule.
• SBA Proposes to Require the Rule of Two for Most Task and Delivery Order Competitions by Damien Specht & Jim Tucker with Morrison Foerster . CMMC may have gotten most of the headlines over the past month, but the SBA's new proposed rule would be a major shift in favor of small businesses.
• A Standard on Many Levels: A Look at CMMC 2.0 in Final by Alexander Major & Philip Lee with McCarter & English, LLP . I usually don't include multiple articles on the same topic, but this is the CMMC final rule we're talking about! This is another excellent piece on what it means for DoD contractors.
• Win or Lose: Using CMMC 2.0 Proposed Rule to Position Yourself for DOD Contracts by Isaias "Cy" Alba, IV & Daniel Figuenick III with PilieroMazza PLLC . Speaking of CMMC, here's another outstanding article, with a twist I like: the authors look at how contractors can use the final rule to better position themselves in the DoD marketplace.
• Public Comments to Proposed Rule Underscore the Need for Additional Clarity on SBA Recertification Requirements by Scott Freling , Peter Terenzio & Daniel Raddenbach with Covington & Burling LLP . If you regularly read SBA's size appeal cases (okay, okay, I'm probably the only one with that particular hobby), you know that many of the challenges are about SBA's complex and confusing requirements about when a contractor must certify its small business status. This article takes a look at public comments on a recent SBA proposal regarding its recertification rules.
• The FCA’s Qui Tam Provisions Under Fire by Alex Ward , Adam Braverman & Victoria Dalcourt Angle with Morrison Foerster . A recent court decision, if it stands on appeal, could gut the False Claims Act by declaring the statute's whistleblower provisions unconstitutional.
• Agency Discretion Recertified: GAO Affirms Agency Discretion to Request Size Recertification for Task Orders by John Holtz with Koprince McCall Pottroff LLC . One of the cornerstones of the SBA's current size recertification rulebook is the ability for Contracting Officers, at their discretion, to require recertification in connection with certain task and delivery orders. A recent GAO decision upholds the ability of Contracting Officers to make this discretionary call.
• Are We There Yet? DoD Issues Final Rule Establishing CMMC Program by Daniel Graham , Jessica Sawyer, & Brian Long with McDermott Will & Emery . One more expert look at CMMC, but this comprehensive article was too good to pass up.
• GAO Decision Provides Cautionary Reminder on Page Limitations in Solicitations by Josh Duvall with Maynard Nexsen . If you're unclear on whether a solicitation's page limit is "X" or "Y," should you guess that the larger limit applies? As a recent GAO bid protest decision shows, that's a bad idea.
• DoD Dusts Off Other Transactions (OT) Regulations by Tina Reynolds & Locke Bell with Morrison Foerster . The DoD recently updated its "longstanding but little-known regulations for prototype other transactions (OTs), including new sections that authorize follow-on production OTs." This article examines the changes.
• GAO: Small Business Rule of Two Must be based on Accurate Market Research by Annie Birney with Koprince McCall Pottroff LLC . A Contracting Officer enjoys considerable discretion when it comes to determining whether a small business set-aside is warranted under the "rule of two," but that discretion isn't unlimited, as seen in a recent GAO bid protest decision.
• How Many NAICS are Too Many? by Shauna W. with FedSubK . Should you stuff your SAM profile with every NAICS code under the sun, "just in case?" Shauna Weatherly explains how an overstuffed SAM profile looks to the government.
• Keep Your Eyes on the Size: Small Business Size Protests by Emily Theriault with Sheppard Mullin Richter & Hampton LLP . If you've ever wondered how small business size protests really work, this is one of the best overviews I've seen--it even includes a timeline graph!
• How to Find Competitive Pricing Info by Michael LeJeune with RSM Federal . Michael LeJeune is one of the best in the business when it comes to providing contractors with actionable insights, and this piece--whose title speaks for itself--is no exception.

That's a wrap for this month's edition of the GovCon Reading List! Be sure to follow all the authors I've linked to above to stay up-to-date with their latest insights on federal contracting. See you next month!

In the words of Kevin McCallister, are you thirsty for more? Subscribe to this newsletter for weekly(ish) government contracting insights, and join the 10,000+ professionals who follow me on LinkedIn for more frequent updates. I promise: no tarantulas, tripwires or homemade blowtorches--just lots of federal contracting news and analysis, paired with occasional jokes of dubious quality.

Looking for in-depth coverage of key government contracting topics? Check out my on-demand courses available through Govology! And as a thank you for reading this newsletter, please use promo code 25KOP for a 25% discount!

Boring but important disclaimer: The information in this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.