You know what they say: if the shoe fits, wear it. When it comes to North American Industry Classification System (NAICS) codes, finding the right fit can be just as important. Have you ever thought to yourself that a designated NAICS code didn’t really match up with the solicitation, or that something just seemed off? The NAICS Code appeal is the means of getting that addressed. A recent OHA decision is a good reminder of this, involving a debate of the NAICS code and requiring OHA to evaluate whether the primary purpose of the work was to perform ambulatory health care services or office administrative services. We explore that decision here.
Continue reading…Event: 2026 National APEX Accelerator Alliance (NAPEX) Conference, August 16-20, 2026
If you’re interested in learning more about the domestic preference rules, I’d love to see you at the 2026 National APEX Accelerator Alliance (NAPEX) Conference in Orlando! I’ll be presenting “Domestic Sourcing: Buy American Act & Trade Agreements Act” on Tuesday, August 18. This event is open to contractors, unlike some other NAPEX events.
Continue reading…SmallGovCon Week in Review: July 20-24, 2026
Happy Friday! It’s that time of year when many in our office, and in the federal contracting world, are finding some time for a vacation to reconnect with family and friends. We hope our readers are able to take a break and get some R&R this summer. This weekend, try and find some time to rest, relax, and perhaps enjoy some summer activities.
This week in federal government contracting saw interesting stories including Congress working on some important procurement-related legislation, increased focus on supply chain safety, and steps to enhance whistleblower protections.
Continue reading…Back to Basics: Trade Agreements Act
The Trade Agreements Act (TAA) and its companion, the Buy American Act (BAA), both set policies for a preference for increased domestic purchases by the federal government and its contractors. However, the TAA is designed as kind of a counterweight to the BAA. The BAA (passed in 1933), “the first of the major domestic content restriction laws, requires federal agencies to apply a price preference for ‘domestic end products’ and use ‘domestic construction materials’ for covered contracts performed in the United States.” So, the BAA encourages use of US-produced goods.
The TAA, on the other hand, waives some of those BAA requirements for goods coming out of certain favored countries that have trade agreements with the US. In other words, the TAA puts items from those favored countries on an even playing field with the US items. The TAA has some other unique aspects, including a “substantial transformation” test to determine if something is an end product.
In this post, we discuss the basics of the TAA.
Continue reading…BREAKING: Department of War Suspends Introduction of Phase Two of CMMC
Last year, we noted in a couple posts that the federal government had finally began implementation of its Cybersecurity Maturity Model Certification (CMMC) Program. Apparently, however, the government has concluded that a pause is needed on further implementation due to what it describes as structural issues with the program. On July 13, 2026, the Department of War (DoW)[1] announced that it is suspending the introduction of Phase Two of the Cybersecurity Maturity Model Certification (CMMC) Program. We explore that decision in this post.
Continue reading…SmallGovCon Week in Review: July 13-17, 2026
Happy Friday! It’s hard to believe we’re already halfway through July! We hope your summer has been filled with meaningful hangouts with family and friends, vacation adventures, and a little extra time to enjoy the season. As we head into the second half of summer, we’re grateful for your continued support of SmallGovCon and look forward to sharing more tips, updates, and resources to help your contracting business thrive. Have a great weekend.
This week in federal government contracting saw articles on pausing parts of CMMC and the role of AI in federal procurement.
Continue reading…When Today Becomes the Next Business Day: GAO’s Strict Rules for the Timely Submission of Bid Protests to Solicitation Terms
What time does the day end? Most people would answer that a day ends at midnight. However, a recent GAO decision highlights that, for purposes of filing a pre-award bid protest with the GAO, the business day ends at 5:30 p.m. ET when the GAO closes its doors for the day. Confusingly, this can result in a protest that was technically filed on a Friday after 5:30 p.m. ET, not actually being filed until Monday, the next business day. A recent GAO decision explores this phenomenon and clarifies filing deadlines for pre-award bid protests challenging solicitation terms, especially in the case where an offer deadline is after GAO’s close of business.
Continue reading…