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New Avenue for SBA Protests: Ostensible Subcontractor Status Protests

SBA has issued a final rule, effective December 30, that will now provide an avenue to protest situations where the prime contractor on a SDVOSB, HUBZone, or WOSB set-aside contract is subcontracting...

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Sole-Source Options for Agencies During the COVID-19 Pandemic

The current COVID-19 pandemic has prompted the federal government to take drastic measures. It has altered many aspects of federal contracting for contractors and agencies alike. During these trying...

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SBA Issues 2019 Small Business Scorecard, Small Business Contracting Over...

The SBA’s FY2019 Small Business Procurement Scorecard came out recently and revealed some interesting trends in the dollars and cents of small business contracting. While there are a lot of positives...

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GSA’s Federal Acquisition Service Over-Reported Small Business Contracts by...

Every year, when the SBA releases its annual Small Business Procurement Scorecard, I hear from a few folks who mistrust the data. “I think small business awards are being over-reported,” is a pretty...

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IHS (Finally) Proposes Stronger Rules for Buy Indian Act

The Indian Health Service has released a proposed rule that will strengthen requirements for IHS to set aside contracts for businesses owned by tribal companies. The new rule should result in increased...

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GAO: Agency Has Discretion on Type of Socioeconomic Set-Aside for Procurement

From a recent GAO decision it appears that the ends can, in fact, justify the means; at least when it comes procurement set-asides for HUBZone companies. The decision is Foxhole Technology, Inc....

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Indian Affairs Proposes Rules to Remove Barriers in Buy Indian Act...

The Department of the Interior (DOI) proposes to revise regulations implementing the Buy Indian Act, which provides the Department with authority to set aside procurement contracts for Indian-owned and...

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IHS Issues Final Rules Implementing the Buy Indian Act

On January 13, 2022 the Secretary of the Department of Health and Human Services (HHS) issued its Final Rule governing the implementation of the Buy Indian Act (Act). This rule clarifies the preference...

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Back to Basics: The Nonmanufacturer Rule

To qualify as a small business under most set-aside or sole-source contracts seeking manufactured products or supplies, SBA’s regulations require an offeror to be the item’s manufacturer or,...

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The FAR will Soon Allow Small Business Set-Asides Outside the US

Small business federal contractors may soon want to think about getting new luggage. The FAR will be updated to allow for–but not require–small business set-asides in overseas procurements. This has...

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