SmallGovCon Week in Review: March 3-7, 2025

Posted on March 7, 2025 by Shane McCall

Hello, blog readers and happy Friday. Can you believe it’s already March? In just a few short weeks, spring will (finally) be here! Hooray! With all the snow we had, we are definitely looking forward to warmer temperatures and to getting outside more.

We hope that you’re gearing up for a nice weekend. But before you do, let’s take a look at the-week that was. In this edition of the Week in Review, articles discussed the continued reshuffling and closing of government agencies and offices and the importance of GSA.

GAO: Agency Must Recognize Novation as Part of Pending Offer

Posted on March 6, 2025 by Shane McCall

A recent bid protest decision examines the effect of a novation on a pending procurement. After a complicated procedural history, GAO said that an agency must take into account a corporate transaction and novation, even if the agency wasn’t aware of the novation at time of proposal submission.

RES 2025: Beyond Boundaries Conference, Las Vegas, Nevada, March 10-13, 2025

Posted on March 5, 2025 by Shane McCall

The National Center for American Indian Enterprise Development (NCAIED) is going Beyond Boundaries for the 2025 Reservation Economic Summit. The event features tribal leaders, members of Congress, federal agency representatives, state and local officials, and top CEOs on a national platform.

Our very own federal government contracts attorney and SmallGovCon contributor, Nicole Pottroff, is scheduled to be a panelist on the topic of Building and Maintaining a Compliant Company, at this year’s conference in Las Vegas on Monday, March 10. This panel will discuss ways organizations can identify compliance issues across business units, while standardizing and improving processes. If you are planning on attending this conference, please stop by and say hello to Nicole. Please use this link for more information about the conference and registration.

SmallGovCon Week in Review: February 24-28, 2025

Posted on February 28, 2025 by Shane McCall

Happy Friday! Tomorrow is the first day of March and you know what that means if you are a college basketball fan. March Madness! Start thinking about your bracket strategy and let the games begin! Have a great weekend.

This week in federal government contracting saw GSA deviations to procurement policies, canceled contracts, and a new SBA administrator.

Confusion About the Nonmanufacturer Rule: When Does it Apply?

Posted on February 26, 2025 by John Holtz

One of the rules we get asked about the most as government contracts attorneys is what’s known as the nonmanufacturer rule, 13 C.F.R. § 121.406 (So much so that we felt it wise to go over the rule in one of our “Back to Basics” posts to help clear some things up). It’s pretty understandable why: It has numerous provisions, exceptions, and requirements that can make it pretty difficult to follow. It also shows up in two different regulations: 13 C.F.R. § 121.406 as mentioned above, as well as FAR 19.505. Unfortunately, this often leads to contractors getting tripped up by the rule, either not realizing it applies where it does or, as we’ll explore here, thinking it applies where it doesn’t. Recently, SBA addressed a size protest that asserted the awardee didn’t meet the requirements of the nonmanufacturer rule, and noted to the unfortunate protestor that the rule didn’t apply for the procurement anyways.

SBA Reminder: Ensure all Joint Venture Requirements are Met to have a Successful JV

Posted on February 24, 2025 by Stephanie Ellis

Joint ventures pursuing a contract under any of the SBA’s socioeconomic programs (Woman-Owned Small Business Program, Service-Disabled Veteran-Owned Small Business Program, 8(a) Program, and HUBZone) all have requirements beyond the general requirements that a non-joint venture prime contractor must meet to be eligible for those types of set-asides. The joint venture must be considered small, which may take into account the size of both venturers, and the joint venture agreement itself must contain specific information. But what happens when the regulatory text isn’t exactly clear on how those two requirements fit together? And how are unsuccessful offerors, contracting officers, and the SBA itself supposed to challenge the status of those joint ventures if the regulatory text doesn’t explicitly provide for the means to do so? Read our analysis of the decision in Chenega Base and Logistics Services, LLC to find out!

SmallGovCon Week in Review: February 17-21, 2025

Posted on February 21, 2025 by Shane McCall

Here is your Week in Review as you head into the weekend. We are still attempting to get through this second artic blast here in the Midwest this week. I think it’s safe to say we are all looking forward to those warmer temperatures that are returning next week. Enjoy the weekend!

This week in federal government contracting news includes a new SBA administrator, updates on federal workforce reductions, and new guidance from GSA.