The Federal Acquisition Regulation (the “FAR”) and its Part 19, Small Business Programs, can create uncertainties even for seasoned federal contracting professionals. Recognizing the importance of small business set asides and the growing popularity of joint ventures in federal contracting, GovContractPros (“GCP”) has prepared this guidance to identify crucial regulatory references which identify eligibility as an 8(a) program participant, HUBZone small business concern, Service Disabled Veteran owned small business, and Woman owned small business.  Where there is confusion regarding an e ..read more

As reported previously in the wake of the Ultima decision, GovContractPros, LLC (GCP) expected additional legal attacks on the 8(a) Business Development Program that has benefited countless socially and economically disadvantaged individuals, including members of Native American Tribes, Alaska Native Tribes and Corporations, and Native Hawaiian Organizations.  GCP has learned that the latest challenges to the Program are being made by individual representatives in Congress. Under  the pretense of oversight, several congressional offices have demanded that the SBA not only collect and moni ..read more

The following is a guest article contributed by Jerrod Mallinger, CEO of Softek Global Services, a sister company of GovContractPros.   Let’s explore some of the requisite conditions of the SBA HUBZone program and strategies to maintain compliance and status once your business is certified.  The HUBZone Program  The HUBZone program is a fantastic opportunity to gain a competitive advantage and potentially leverage your small business location if it is designated as a Historically Underutilized Business Zone.  The federal government has a mandated target to award 3% of all f ..read more

GovContractPros (GCP) has examined the Office of Federal Procurement Policy’s (“OFPP”) Memorandum dated January 25, 2024, addressed to Chief Acquisition Officers and Senior Procurement Executives, regarding “Increasing Small Business Participation on Multiple-Award Contracts” (referred to as the “Memorandum”). GCP has identified specific policies within the Memorandum that are likely to benefit small businesses currently competing for or intending to compete for Multiple-Award Contracts. GCP believes that, at a high level, the Memorandum represents a crucial step in enhancing enforcement and a ..read more

GovContractPros has learned of a claim filed with the U.S. Court of Federal Claims (“COFC”) which challenges the validity preferences afforded to entity-owned 8(a) participants, i.e. Tribally-owned and Alaska Native Corporation (“ANC”) owned 8(a) participants in federal contracting. The plaintiffs in the claim assert that the Fifth Amendment’s Equal Protection Clause prohibits discrimination on the basis of race or Tribal status in a way that is untethered from issues of Tribal sovereignty or remedying the effects of past discrimination, including in connection with SBA’s 8(a) preferences for ..read more

Every year as we look to the holidays to transition from one year to the next, we like to take this opportunity to take stock. We review the milestones of the previous year and envision what we hope the next year will look like.  For small businesses across our country this year has been a mixed bag. We’re grateful to have had a part in serving 79 deserving small businesses, eight tribes, and four native Hawaiian organizations as they sought to do business with the federal government.   2023 by the numbers included:   7 HUBZone Recertifications  4 8(a) Applications Approve ..read more

Small businesses pursuing federal contracts may soon have a new statutory authority upon which to cite and to make their case to contracting officers to set aside acquisitions which exceed the simplified acquisition threshold ($250,000). GovContractPros has learned of efforts by Ranking Member of the House Small Business Committee, Representative Nydia Velazquez (Democrat, New York), to introduce a bill that applies the “Rule of Two” to federal acquisitions, including multiple-award contracts, except those made under GSA MAS. What is the “Rule of Two?” The Small Business Act, and the ..read more

The Department of Energy’s (the “DoE”) mission is to ensure America’s security and prosperity by addressing its energy, environmental, and nuclear challenges through transformative science and technology solutions.  To accomplish this mission, Congress authorized $151.33 billion for the DoE and its five (5) sub-components in FY 23, with $55.72 million for contract awards. Current contractors and grantees of the DoE know that the agency’s work is dynamic and transformative.  And now, “in the spirit of alleviating unnecessary regulatory burdens while remaining prudent stewards of taxpa ..read more

Many federal agencies and contracting officers utilize blanket purchase agreements (“BPA”) to contract for their requirements.  BPAs are generally recognized as a simplified method of filing anticipated needs for supplies and services under both FAR 8.405-3 and FAR 13.303. Although BPAs offer administrative efficiencies for contracting officers, 8(a) Business Development Program Participants should understand that there are certain risks with regard to their utilization. Specifically, the risk of BPAs is all in the name: a BPA is an agreement, not a contract. SBA  ..read more

As the federal government’s end of fiscal year (“EOFY”) rapidly approaches, the Department of Energy (“DoE”) recently released an Acquisition Letter requiring its contracting officers to verify each offeror’s and contractor’s System for Award Management (“SAM.gov”) registration and their representations and certifications. The DoE Acquisition Letter is a timely reminder also for those federal contractors currently preparing quotes or proposals, or expecting to receive notice of intent to exercise or exercise of options on their contracts. Specifically, FAR 4.1105 and FAR 4 ..read more