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Yes, Foreign-Owned Entities Can Be Small Businesses Under SBA Government Contracting Rules | SmallGovCon – Government Contracts Law Blog

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Government contractors often assume that a foreign-owned company cannot qualify as a small business under the SBA’s government contracting size rules.

Source: Yes, Foreign-Owned Entities Can Be Small Businesses Under SBA Government Contracting Rules | SmallGovCon – Government Contracts Law Blog

Section 809 Panel Achieves $1 Coin Clause Removal | SmallGovCon – Government Contracts Law Blog

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If, like us, you spend your days reading through the FAR, you might suppose that there are opportunities to streamline the regulations. Congress agreed, at least for DOD acquisitions, and as part of the 2016 National Defense Authorization Act, created the Section 809 panel, an independent advisory panel on streamlining acquisition regulations. The panel is working to improve many aspects of acquisitions law, including, as we’ve written about, the definition of subcontract.

Source: Section 809 Panel Achieves $1 Coin Clause Removal | SmallGovCon – Government Contracts Law Blog

SBA OHA: Contracting Officer Can’t Extend Size Appeal Deadline | SmallGovCon – Government Contracts Law Blog

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When you hear “15 days,” what’s the first thing that comes to mind? Perhaps, you pay your employees every 15 days. Maybe your birthday or favorite holiday happens to be in 15 days. Or if you’re like me, you might think that 15 days is two days fewer than Thirteen Daysa great movie about the Cuban Missile Crisis.

Source: SBA OHA: Contracting Officer Can’t Extend Size Appeal Deadline | SmallGovCon – Government Contracts Law Blog

SBA Proposes Big Changes to the HUBZone Program (Continued) | SmallGovCon – Government Contracts Law Blog

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Big changes could be coming to the HUBZone program. On October 31, the SBA published a proposed rule that, if adopted, would bring clarity to the HUBZone regulations. Yesterday, we posted about proposed changes to the HUBZone certification, compliance, and protest processes.

Source: SBA Proposes Big Changes to the HUBZone Program (Continued) | SmallGovCon – Government Contracts Law Blog

Who’s the Ombudsman? Proposed FAR Rule Requires Clarity | SmallGovCon – Government Contracts Law Blog

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When GAO lacks jurisdiction to hear a protest over a task or delivery order, contractors have the right to complain to an ombudsman. Implementation of the ombudsman right, however, has been haphazard at best.

Last week, the DoD, GSA, and NASA–the entities comprising the FAR Council–proposed a rule to help alleviate this issue for IDIQ contracts.

Source: Who’s the Ombudsman? Proposed FAR Rule Requires Clarity | SmallGovCon – Government Contracts Law Blog

GAO Fends Off ‘Killer Tomato’ Protest | SmallGovCon – Government Contracts Law Blog

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I always knew my legal career would some day overlap with my love of terrible movies, before-they-were-stars trivia, and naval warfare. Today is that day.

When I saw that GAO had dismissed a “killer tomato” protest, several things came to mind. First, I thought, wait, are they talking about “Attack of the Killer Tomatoes“? Then I though, wait, wasn’t George Clooney in that—and didn’t he have a terrible 80’s mullet? Naturally, my curiosity got the best of me. I clicked.

Source: GAO Fends Off ‘Killer Tomato’ Protest | SmallGovCon – Government Contracts Law Blog

SBA Proposes Big Changes to the HUBZone Program | SmallGovCon – Government Contracts Law Blog

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The SBA’s Historically Underutilized Business Zone program intends well—by directing awards to contractors in regions that have been passed by economically, the federal government has tried to lift these areas up. But the HUBZone program has exacting regulations, which (ironically) have helped cause it to be an underutilized tool for contracting officers. This could soon change.

Source: SBA Proposes Big Changes to the HUBZone Program | SmallGovCon – Government Contracts Law Blog

GAO: VA’s Compliance Oversight of Subcontracting Limitations Needs Improvement | SmallGovCon – Government Contracts Law Blog

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Recently, the GAO issued a report discussing the VA’s Veterans First Program, made at the request of several members of Congress. The report focused on addressing ongoing implementation challenges regarding compliance with the Rule of Two following the Kingdomware decision.

Source: GAO: VA’s Compliance Oversight of Subcontracting Limitations Needs Improvement | SmallGovCon – Government Contracts Law Blog

HUBZone Program: SBA’s Proposed Rule Clears Up Some Common Misconceptions | SmallGovCon – Government Contracts Law Blog

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Last week, the SBA released a proposal to overhaul the HUBZone Program.  The proposed rule will make major changes to almost all aspects of the HUBZone Program, and my colleague Ian Patterson is covering those changes in a series of two posts on SmallGovCon.

Source: HUBZone Program: SBA’s Proposed Rule Clears Up Some Common Misconceptions | SmallGovCon – Government Contracts Law Blog

Protester Must Wait for Conclusion of Extended Debriefing to Protest, Says GAO | SmallGovCon – Government Contracts Law Blog

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As those familiar with government contracts are undoubtedly aware, ensuring a bid protest is timely filed with GAO is a paramount consideration. GAO takes a particularly dim view of protests not filed in accordance with its timeliness regulations, which can encourage parties to file a protest as quickly as possible. As GAO recently explained, however, in the context of extended debriefings, there is such a thing as filing too soon.

Source: Protester Must Wait for Conclusion of Extended Debriefing to Protest, Says GAO | SmallGovCon – Government Contracts Law Blog

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