October 2024 Newsletter
Koprince McCall Pottroff LLC
Legal Solutions for Government Contractors
Annie Birney Joins Koprince McCall Pottroff LLC as Associate Attorney and SmallGovCon Contributor!
by Shane McCall??
We are excited to announce that Annie Birney has joined the firm and will also be a regular SmallGovCon contributor! She is a recent graduate of the University of Kansas School of Law.?You can read her full biography here. Read More Here
SBA Proposed Rule: New Size and Status Recertification Standard
In a proposed rule in August of 2024, SBA has unveiled a brand new regulation related specifically to recertification of size and status. A frequent question of federal contractors is whether they can continue to be small, or maintain a specific socio-economic status (i.e., WOSB, SDVOSB etc.) after a change in ownership or business structure. The SBA’s size and status recertification standards are currently found in multiple places: the size determination timing regulations, each socio-economic status regulation, and of course in case law. But this would presumably create a one stop shop for size recertification questions, while also changing some of the long relied-upon standards. Read More Here
Predictions: Upcoming Rules on Conflicts of Interest
by Shane McCall
Back in 2023, we wrote about Congress’s late-2022 mandate to update and clarify various rules surrounding organizational conflicts of interest (or OCIs). At that time, Congress, in a short piece of legislation, asked that OCI rules be updated to address a number of areas. In this post, I’ll provide some predictions about how the OCI rules will be updated, as we wait for the new proposed rule to come out. In addition, I’m discussing this topic at the Judicial Conference for the U.S. Court of Federal Claims. Once the proposed rule is released, SmallGovCon will also do a run-through of those changes. Read More Here
OHA Reminder: Don’t Ignore Program Examination Questions from SBA . . . or Else
Most of SBA’s socioeconomic programs (woman-owned small business, veteran-owned small business, HUBZone) have a requirement for the contractor to go through a recertification process, or program examination, every three years. 8(a) Participants have an annual review process, so they are reviewed even more frequently. But between these routine program recertifications, there is a possibility that the SBA will choose to perform an additional program examination to “verify the accuracy” of certification. And, as one SDVOSB firm found out, failing to cooperate with these interim program examinations can lead to decertification—a fate that no small business wants to risk. Read More Here
Each Friday,?SmallGovCon?provides a snapshot of some of the week’s top news and commentary from the government contracting community.
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Rezoning (Part 1): A Look at SBA’s Proposed Changes to the HUBZone Program
by John Holtz
? A few weeks ago, SBA released a proposed rule that would, among other things, modify the HUBZone program. We took a look at some of these changes when the proposals were released. As we promised in that post, we stated we were going to discuss some other aspects of the proposed rule in later posts. Today, we’ll be looking at some of the other changes that SBA is proposing for the HUBZone program, as there’s a lot. In this post, we’ll be focusing on other changes to how HUBZone employees are determined, new rules on certification and decertification, and changes to the “attempt to maintain” rule with regards to maintaining 35% HUBZone resident workforce. Some of these changes reflect a stricter approach from SBA that contractors should be on the lookout for. Read More Here
Rezoning (Part 2): Updates to the HUBZone Program
by John Holtz
Very recently, we went through some more of the potential changes to the HUBZone Program from SBA’s proposed rule from August 23, 2024. In this post, we will look at the remaining proposed changes. SBA’s proposed rule would change HUBZone protests appeals, principal office requirements (which we did discuss a bit before here), HUBZone map concepts, and the HUBZone price evaluation preference (PEP).Read More Here
SBA Proposed Rule Clarifies Mentor-Protégé Misunderstandings
In August, the Small Business Administration issued a proposed rule that was packed to the brim with changes to many of the SBA’s small business contracting programs. We’ve mentioned a few of the changes in prior blog posts. Gregory Weber, discussed potential changes to the SBA’s 8(a) Business Development Program that may result in more relaxed requirements. While Shane McCall, recently took a deep dive into proposed changes to past performance requirements for joint ventures. Today, we will focus on two additional proposed changes to the SBA’s Small Business Mentor-Protégé Program. Read More Here
SBA Proposed Rule: SBA Plans to Relax 8(a) Program Restrictions
by Gregory Weber
The SBA recently dropped a large proposed rule that it grouped mainly under the HUBZone program, but actually touches on almost every SBA socioeconomic certification. So, it should come as no surprise that the SBA’s 8(a) Program is facing some potential changes based on this proposed rule. There are quite a few proposed updates to the 8(a) Program. We wanted cover just a few that really stood out to us here at SmallGovCon. Be sure to review the whole rule if you want to comment on any of these 8(a) changes. Read More Here
领英推荐
UPCOMING EVENTS:
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?Event: Texas APEX El Paso Community College Contract Opportunities Center Webinar
When: October 1, 2024 Time: 10:00am - 11:30am MDT
Topic: Limitations on Subcontracting & the Manufacturers Rule
Presenters: Shane McCall & Gregory Weber
Register: Here
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?In-Person Event: ICBS Show - Oklahoma APEX - Diversity in Government Contracting
When: October 7-9, 2024
Where: Oklahoma City Metro Tech Conference Center
Topic: Legal Updates 2024
Presenter and Attendee: Gregory Weber
Information: Here
Register: Here
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?Event: Govology Webinar
When: October 10, 2024 Time: 1:00 pm EDT
Topic: Communicating with Government Contracting Officials: What Can (and should) Contractors Really Say or Do?
Presenters: Nicole Pottroff & John Holtz
Register: Here
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?In-Person Event: 35th Annual Judicial Conference - U.S. Court of Federal Claims
When: October 23, 2024 Time: 8:30 am-7:00 pm EDT
Where: Washington DC Press Club
Topic: Private Conflicts: How the New Private Sector OCI Rules Could Impact Federal Procurement
Presenter & Attendee: Shane McCall
Information: Here
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?In-Person Event: NAPEX 2024 Fall Training Conference
When: October 27-30, 2024
Where: Hyatt Regency Washington DC
Topic: Legal Updates 2024
Presenter & Attendee: Nicole Pottroff
Information: Here
Koprince McCall Pottroff LLC
Legal Solutions in Federal Government Contracting
Our mailing address is:?901 Kentucky Street, Suite 301 | Lawrence, KS 66044
Contact us:?[email protected] or?785-200-8919