Small Business

8(a) Business Development Program

The Minority Small Business and Capital Ownership Development Program—commonly known as the “8(a) Program”—provides participating small businesses with training, technical assistance, and contracting opportunities in the form of set-aside and sole-source awards. The SBA administers the 8(a) Program.  Eligibility for the program is generally limited to small businesses “unconditionally owned and controlled by one...
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COFC: Government Must Conduct Rule of Two Analysis Before It Uses IDIQs

Posted on February 4, 2021
Every small business government contractor is familiar with the Rule of Two —it is the longstanding axiom of federal procurement law that an agency must conduct market research to determine whether there is a “reasonable expectation” that least two responsible small businesses will submit offers at fair market prices in response to a government solicitation...
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5 Policy Areas to Watch in 2021

There is little doubt that the Biden Administration will pursue policy changes that will have a noticeable impact on the business and legal communities. While some policy changes will be industry sector-specific (the Keystone XL pipeline is a good example), there are some overarching policy areas that will likely see changes that will have...
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Fiscal Year 2020 GAO Annual Report with Sustain Rates

Posted on January 25, 2021
The Government Accountability Office (GAO) published its annual report to Congress for the 2020 year on December 23, 2020. Of note, despite having to shift to a full-time virtual environment due to the ongoing COVID-19 pandemic, the GAO did not exceed the 100-day deadline for any bid protest brought before it. The sustain rate...
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OFCCP Compliance Evaluations: General Overview

Posted on January 21, 2021
Most federal government contractors must comply with nondiscrimination and Equal Employment Opportunity (EEO) laws and should be prepared for the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) to evaluate whether your business is in compliance.  OFCCP’s compliance evaluations can take many forms, as OFCCP uses an array of investigative procedures...
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Uniform Contract Format (UCF)

Posted on January 14, 2021
The Federal Acquisition Regulation (“FAR”) specifies the format contracting officers must use in developing solicitations and contracts. This format is codified in Section 15.204 of the FAR. Uniform contract requirements ensure consistent and efficient forms across the board. This uniform contract format is not only convenient for agencies to quickly and efficiently draft and...
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