As we talk about another potential federal government shutdown, you might be surprised to learn that their frequency is much lower than it used to be. While there were 8 shutdowns in the 1980s, there were only 3 in the 90s, and none from 2000-2010. Government shutdowns in the United States trace their origins back to 1980 when Attorney General Benjamin Civiletti issued a legal opinion necessitating their occurrence. While adherence to this opinion was inconsistent throughout the 1980s, since...

8(a) Program Applications Suspended by SBA over Ruling 8/23/2023 The long-standing 8(a) program by the Small Business Administration (SBA) is poised for significant transformations after a court decision challenged the methodology used by an agency to determine a company’s social disadvantage status. The 8(a) Business Development program supports enterprises that are predominantly owned by U.S. citizens who are socially and/or economically disadvantaged to effectively compete within the federal marketplace. Underrepresented minority groups, including Black Americans, Hispanic Americans, Native Americans, Asian...

Federal Secure Software Attestation Deadlines Pushed Back 6/13/2023 If you are a federal contractor providing software to the government, you have a little more time before needing to submit security forms to federal agencies. The deadline for agencies to commence collecting software security attestation forms from contractors is being extended by the White House Office of Management and Budget (OMB). In a memo published 6/9/2023, the OMB instructs agencies to initiate the collection of attestations for “critical software” no later...

Fraud in Federal Contracting is on the Rise in 2023 5/25/23 As you’ve likely noticed in the news, the pandemic was a prime opportunity for fraudulent actors to take advantage of federal agencies. Some of the programs targeted, such as the paycheck protection program (PPP) were only temporary targets, however there are other methods in which fraudsters continue to take advantage of the system. We are continuing to see bad actors creating fake solicitations or RFQs and sending them via...

Some great news for those in the DC/Maryland/Virginia area or jet-setters willing to travel, the annual SMART PROC GovCon Conference will be held in person for the first time since 2021. The popular GovCon conference lands on a Wednesday and Thursday, February 22nd and 23rd at the Clarion Inn and Event Center in Frederick, Maryland. You can meet representatives from many different federal agencies, attend in-depth sessions on procurement and small business education, and network with exhibitors from the industry,...

Be Mindful of Contracts Listed only by PSC and not NAICS 5/10/22 Back in November of 2021, Sam.gov announced a new Medical PSC code. 6632 – ANALYSIS INSTRUMENTS, MEDICAL LABORATORY USE As you likely already know, all Product Service Codes (PSC codes) transitioned from a one letter or two digit notation roughly 2 years ago. The reason the old PSCs were changed was due to the vagueness of the descriptions before the transition. The new and improved PSC codes are...

You may have missed it, but a requirement in the 2017 Tax Cuts and Jobs Act (TCJA) will force all businesses, including federal contractors, to begin amortizing R&D investments over 5 years rather than expensing them in the same year that the costs were incurred. As you are aware there is a time value associated with money so this change will diminish the tax advantages for contractors that invest in R&D. There are quite a few negatives associated with this...

The Small Business Association’s (SBA) Mentor Protégé Program has been widely used as joint ventures (JV) in government contracting become more prevalent. For anyone not familiar, the program uses approved large businesses as mentors to assist smaller protégé businesses with business development (BD) efforts for federal contracts. This allows the mentor to create a JV with the protégé allowing the protégé to compete for small-business set-aside contracts with the benefit of having the large business to assist them. In addition,...

Many small businesses have experienced a major shake-up from COVID-related issues, and at times like these having liquid assets are important to allow a firm to pivot as necessary. As you have likely heard, the secondary Paycheck Protection Program (PPP) is providing major funding to assist especially vulnerable businesses such as restaurants, travel agencies, entertainment venues, and farmers. That is not all however, as it will help small businesses continue to keep their personnel retained with a second forgivable loan...