GovCon Reading List: October 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. To help usher in autumn, I've gathered an impressive (if I do say so myself) collection of articles for your October enjoyment. Before we get to the experts, though, I want to take the time for two important thank-yous.

First, thank you to G2Xchange for hosting such an outstanding SBA mentor-protege event on September 25! A huge special thanks to Alexa Tsui , Brian Friel , Parabilis - A Better Financial Partner for Government Contractors , and everyone else who made this sold-out event such a tremendous success. Big thanks, too, to my amazing fellow panelists for their expert insights. What an honor to share the stage with Anna Urman , Ram Mattapalli , Katherine Vultaggio CFCM , and Jyothi Bhargava ! And thank you, as well, to everyone who attended, asked great questions, and enjoyed some time to network. There's already talk of a potential "201" follow-on event for contractors who are comfortable with the SBA MPP basics and looking to learn some next-level tips and tricks. I'll keep you posted if and when that moves forward!

Second, thank you to . . . you. Yes, you, reader. Because of you, I reached two LinkedIn milestones in September: more than 10,000 followers and more than 6,000 subscribers to this GovCon Roundup newsletter. Extra thanks to everyone who has liked my posts and articles, commented on them, and shared them with their own networks. I get paid the princely sum $0.00 for my LinkedIn writings; it's words of appreciation from you, lovely reader, that keep me motivated to keep sharing my thoughts. (Well, that plus the inherent satisfaction writing these things brings me as a tremendous GovCon nerd). Again, thank you!

Okay, on to the expert insights! In this month's GovCon Reading List, you'll find articles on prime contractors' success (or lack thereof) in meeting their small business subcontracting goals, several articles addressing different aspects of the SBA's recent major propoed rule, a notable GAO decision regarding Trade Agreements Act certifications, insider tips for maximizing your CPARS ratings, and much more.

Enjoy!

• SBA Proposed Rule: New Size and Status Recertification Standard by Gregory Weber with Koprince McCall Pottroff LLC . Federal contractors often wonder whether they can continue to qualify as small businesses, or maintain a socioeconomic certification (e.g., 8(a), SDVOSB) after a change in ownership or business structure. In its recent proposed rule, the SBA proposes some clarifications and changes to existing rules.
• SBA Proposes Substantive Changes to Negative Control and Unconditional Ownership and Control Considerations Across Socioeconomic Programs: Key Considerations and Takeaways by Meghan Leemon with PilieroMazza PLLC . The SBA's recent proposed rule attempts to create parity between SBA's programs--but the rule also "looks to undo years of case law and seriously impacts what it means to control a company and qualify as a small business for purposes of doing business with the federal government."
• 7 (Other) Reasons to Intervene in Bid Protests: What Awardees Need to Know by Josh Duvall with Maynard Nexsen . If your award is protested, it can be tempting to save a few bucks by staying out of the fray and letting the agency defend the decision on its own. That's usually a bad move, as this article explains.
• Trade Agreements Act Certifications Undergo New Scrutiny by Sarah Schuler (Shepson) , Mike Wagner & Jay Carey with Covington & Burling LLP . A recent GAO bid protest decision "highlights the importance of making clear and precise Trade Agreements Act (TAA) compliance certifications when offering products for sale to the U.S. Government."
• Primes Met Just 64.4% of Individual Small Business Subcontracting Goals in FY 2023 by Steven Koprince in GovCon Roundup. Prime contractors operating under individual subcontracting plans met just 64.4% of their goals for subcontracting to small businesses in Fiscal Year 2023, according to a report issued by the U.S. Small Business Administration to Congress. Had primes met their goals, the report says, small businesses would have received more than $1.5 billion in additional subcontracting awards.
• CPARS Secrets - Insider Tips for Maximizing Your Performance Ratings by Shauna Weatherly with FedSubK. How do some contractors consistently maintain top CPARS scores while others struggle? Shauna Weatherly offers some great insider tips, drawing on her many years as a government contracting official.
• The Davis-Bacon Act as Applied to GSA Leasing by Gordon Griffin , Robert MacKichan, Jr. & Roza Sheffield with Holland & Knight LLP . The authors examine the application of the Davis-Bacon Act in GSA leasing, including "the current state of the law . . . historical roots, implementation in GSA leases and the implications of recent legal developments."
• “Et ‘two,’ GAO?”:Recent Sustain on the Rule of Two Reminds Agencies of the Importance of Accurate Market Research by Amy Laderberg O'Sullivan , Olivia Lynch , & Issac Schabes with Crowell & Moring . The GAO ordinarily gives agencies considerable latitude when it comes to deciding whether their market research justifies setting aside an acquisition for small businesses--but that discretion isn't unlimited. This article examines a recent decision involving the nonmanufacturer rule in which the GAO held that the agency had not adequately supported its "rule of two" set-aside decision.
• Potential Changes for SBA Mentor-Protégé Joint Ventures: What Small Businesses Should Know by Steven Koprince with GOVOLOGY (Waypoint America) . Joint venturing under the SBA's mentor-protege program can be a powerful competitive advantage for large and small businesses alike. Recently, the SBA has proposed several changes and clarifications to its MPP rules, and floated other potentially broader changes as "trial balloons" for further discussion. I unpack the SBA's proposals in this article published by my friends at Govology.
• SBA Proposed Rule’s Potential Adverse Impacts on Small Business IT Value-Added Resellers by Jon Williams with PilieroMazza PLLC . The SBA's major proposed rule was, understandably, a hot topic of discussion among government contracting experts in September. This article takes a look at a subject I haven't seen examined in detail elsewhere: the potential impacts of the rule on IT value-added resellers.

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.