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SmallGovCon

SmallGovCon

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Independent GovCon law blog on SBA rules, bid protests, FAR/DFARS

GAO Sustain: Failure to Acknowledge Solicitation Amendment Was a Material Defect
News•Mar 6, 2026

GAO Sustain: Failure to Acknowledge Solicitation Amendment Was a Material Defect

The GAO sustained a protest by Moorish‑Wallace Construction, finding that E.C. Korneffel Co.'s failure to acknowledge a third amendment to an Army IFB was a material defect. The amendment increased the steel pile cap size and weight, changing performance requirements despite a modest $21,000 (1.1%) price impact. GAO emphasized that materiality hinges on substantive changes to contract performance, not merely price differentials. The decision reinforces the need for bidders to acknowledge every solicitation amendment to avoid non‑responsiveness and potential protests.

By SmallGovCon
Skin of Its Teeth: Mentor-Protégé Joint Venture Survives SDVOSB Status Protest Despite Missing Required Provisions in Joint Venture
News•Feb 27, 2026

Skin of Its Teeth: Mentor-Protégé Joint Venture Survives SDVOSB Status Protest Despite Missing Required Provisions in Joint Venture

The SBA Office of Hearings and Appeals upheld Sugarloaf Technologies, an SDVOSB mentor‑protégé joint venture, after GSA protested its award for missing the specific reporting language required by 13 C.F.R. § 128.402(c)(11)‑(12). Sugarloaf’s agreement instead contained a clause stating reports would be submitted...

By SmallGovCon
FAR 2.0 Update: Deviations and FAR Companion Guide
News•Feb 26, 2026

FAR 2.0 Update: Deviations and FAR Companion Guide

The Revolutionary FAR Overhaul (RFO) is now being implemented through agency deviations, with the Department of Defense (DoD) issuing class deviations covering most FAR parts from 1 to 52. Twenty‑four agencies have already adopted RFO Part 12, and the DoD’s...

By SmallGovCon
Federal Court: Temp Workers Count As Employees Under SBA Rules
News•Feb 19, 2026

Federal Court: Temp Workers Count As Employees Under SBA Rules

A federal district court in Bloomfield v. Engineered Structures ruled that temporary workers from staffing agencies must be counted as employees under SBA regulations. The decision relied on 13 C.F.R. §121.106 and the SBA Size Policy Statement, confirming that the...

By SmallGovCon
OHA Reminder: Compliance with SBA Joint Venture Requirements Is Determined at Final Proposal Revisions
News•Feb 6, 2026

OHA Reminder: Compliance with SBA Joint Venture Requirements Is Determined at Final Proposal Revisions

The SBA Office of Hearings and Appeals (OHA) clarified that compliance with joint‑venture requirements under 13 C.F.R. § 128.402(c) is judged at the date of a final proposal revision, not the initial offer. In the GSA‑led protest VSBC‑459‑P, OHA ruled that MindVen’s SDVOSB...

By SmallGovCon