GovCon Intelligence

Sam Le

Small-business government contracting updates and analysis from legal, regulatory, and data perspectives. I spent 20 years writing contract regulations for the government. Now I help small business owners understand the fine print. www.govconintelligence.com

  1. 1d ago

    AI is reading your bids. Here’s what you can do about it (with David Timm)

    David Timm is watching AI change Federal contracting, both at agencies and with contractors themselves, and he’s worried about where this will lead. The Burr & Forman lawyer specializes in bid protests, where AI has created huge problems for GAO and the Court of Federal Claims. He’s also tracked the undisclosed use of AI by the government to evaluate proposals. David and I talked about what steps contractors should take when they think AI might be reading their bids. And we discussed the strange irony that, while researchers are worried about AI will kill us all, it can’t research for a basic GAO protest. Links David Timm on LinkedIn https://www.linkedin.com/in/timmdavid/ Burr & Forman profile https://www.burr.com/people/david-timm Disclosure for Thee But Not for Me (Washington Technology) https://www.washingtontechnology.com/opinion/2026/07/disclosure-thee-not-me/415084 How GenAI Misuse is Changing in Procurement Litigation https://www.burr.com/government-contracting/how-genai-misuse-is-changing-in-procurement-litigation Cal Newport: Anthropic Just Threatened to Kill Billions of People. This Is Not Okay. https://calnewport.com/anthropic-just-threatened-to-kill-billions-of-people-this-is-not-okay/ OMB Use Case Inventory https://github.com/ombegov/2025-Federal-Agency-AI-Use-Case-Inventory AI Hallucinations Database https://www.damiencharlotin.com/hallucinations/ OMB Memo M-25-21 https://www.whitehouse.gov/wp-content/uploads/2025/02/M-25-21-Accelerating-Federal-Use-of-AI-through-Innovation-Governance-and-Public-Trust.pdf OMB Memo M-25-22 https://www.whitehouse.gov/wp-content/uploads/2025/02/M-25-22-Driving-Efficient-Acquisition-of-Artificial-Intelligence-in-Government.pdf Trax Int’l Corp. v. United States (COFC) https://dockets.justia.com/docket/federal-claims/cofce/1:2026cv00796/54375 Proposed GSAR Clause on Basic Safeguarding of Data Within Large Language Model Artificial Intelligence Systems https://www.federalregister.gov/documents/2026/06/17/2026-12205/general-services-acquisition-regulation-acquisition-of-information-and-communication-technology Salient CRGT, Inc., B-423640.2, .4, Jan. 5, 2026 (GAO) https://www.gao.gov/products/b-423640.2%2Cb-423640.4 Warfighter Focused Logistics, Inc., B-423546, B-423546.2, Aug. 5, 2025 (GAO) https://www.gao.gov/products/b-423546%2Cb-423546.2 Adversarial Poetry as a Universal Single-Turn Jailbreak Mechanism in Large Language Models https://arxiv.org/abs/2511.15304 AI Self-preferencing in Algorithmic Hiring: Empirical Evidence and Insights https://arxiv.org/abs/2509.00462 AI Agents Push Humans Out of the Loop https://arxiv.org/abs/2608.23642 Lost in the Middle https://arxiv.org/abs/2510.10276 Chapters 0:00 Introduction 0:34 The Weed Whacker Strapped to the Dog 4:06 Where the Disclosure Requirement Comes From 7:47 How We Know Agencies Are Using LLMs to Evaluate Bids 10:48 Where Is the Harm? A Race to the Bottom 13:45 Disclosure for Thee: The GSAR Clause and Prompt Injection 18:05 Best Practices: Papering the Record Before and After Award 23:26 Will Agencies Keep the LLM’s Reasoning? 25:35 What the Tribunals Are Likely to Do 27:11 Plausibility and the Lost-in-the-Middle Problem 31:19 Counting Gen AI Misuse in Procurement Litigation 34:10 Tucker v. United States and Other Fake Cases 37:20 Is GovCon a Uniquely Risky Niche? 42:20 The Donut Factory and the Risk-Importance Matrix 45:33 Recommendations for the Tribunals 49:19 De-Skilling and What Clients Actually Pay For 53:11 Where to Find David Timm With over 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

    AI is reading your bids. Here’s what you can do about it (with David Timm)
  2. Sep 1

    The Case Against the FAR Overhaul (with Marcos Gonzalez)

    I had a feeling this was coming: When the Revolutionary FAR Overhaul first came out, the process that the FAR Council used looked every bit as revolutionary—and ultimately even more so—than the FAR itself. Now, Marcos Gonzalez of GovSpring Legal, a small law firm in D.C., is suing on behalf of a contractor, arguing that that process is illegal. We talked about the basis for his case against the FAR at the Court of Federal Claims. We also discussed how Marcos’s firm uses AI in the practice of law. Links Marcos Gonzalez (LinkedIn) https://www.linkedin.com/in/mgonzalez15 GovSpring Legal https://govspringlegal.com Don Acquisition https://donacquisition.com Contractor Says Federal Procurement Overhaul Prevented Bid https://news.bloomberglaw.com/federal-contracting/contractor-says-federal-procurement-overhaul-prevented-bid Don Acquisition v. USA https://dockets.justia.com/docket/federal-claims/cofce/1:2026cv01039/54625 Revolutionary FAR Overhaul https://www.acquisition.gov/far-overhaul Executive Order 14275 https://www.whitehouse.gov/presidential-actions/2025/04/restoring-common-sense-to-federal-procurement/ You said, We did (GSA) https://www.acquisition.gov/far-overhaul/you-said-we-did Rhodes to exit as OFPP administrator https://federalnewsnetwork.com/people/2026/08/rhodes-to-exit-as-ofpp-administrator/ 41 USC 1707: Publication of proposed regulations https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1707&num=0&edition=prelim Wilson 5 Service Company, Inc., B-424429, July 17, 2026 https://www.gao.gov/products/b-424429 Chapters * 00:00 Introduction: Suing Over the FAR Overhaul Process * 01:27 Starting GovSpring Legal * 04:01 How the Don Acquisition Case Came Together * 05:54 What the Revolutionary FAR Overhaul Is and Why Now * 09:45 Regulatory Burden and the Commercial Marketplace * 11:25 Three Sets of Rules at Once * 13:10 When the RFO Takes Away Contractor Rights * 15:03 Notice and Comment Rulemaking Under 41 U.S.C. 1707 * 20:04 Why the FAR Council Used Deviations Instead * 24:11 Can the Government Cure the Defect After the Fact? * 25:33 Informal Feedback vs. the Federal Register * 28:03 The Changes That Matter: Small Business and the DEI Clause * 33:27 Subcontractor Monitoring and False Claims Act Risk * 36:45 Transactional Data Reporting and Small Business Compliance * 39:11 Advice to Contractors: Engage Counsel Earlier * 41:33 The Precedent: You Can’t Unring the Bell * 43:50 AI in Legal Practice * 50:52 Rethinking Legal Marketing and Business Development * 54:30 Where to Find GovSpring Legal Transcript available at http://govconintelligence.com. With over 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

    The Case Against the FAR Overhaul (with Marcos Gonzalez)
  3. Aug 21

    SBA's Huge Size Standards Increases: Are they too much?

    SBA published proposed size standards that raise small-business limits by 15x in some important industries. As I explained in my live stream earlier, the across-the-board increases flow from SBA’s interpretation of the “dominance” provision in the Small Business Act. SBA explains that, for $20 billion industries, a $500 million business “would not be dominant.” That’s why the proposed size standards go up to $531 million in some important government contracting industries, and even higher in others. An auto-generated transcript of the live stream follows. Links * Google Sheet comparing the proposed standards to current standards and previously proposed standards https://docs.google.com/spreadsheets/d/1lY83yT6T-THskHao-Vf28JrryhKay-XP * SBA Proposed Rule on Small Business Size Standards https://www.federalregister.gov/documents/2026/08/20/2026-17042/small-business-size-standards * SBA Proposed Size Standards Methodology https://www.federalregister.gov/documents/2026/08/20/2026-17039/small-business-size-standards-revised-size-standards-methodology * Prior SBA proposed changes from August 2024 https://www.govinfo.gov/content/pkg/FR-2025-08-22/pdf/2025-16142.pdf * Prior SBA Size Standard Methodology https://legacy.sba.gov/sites/default/files/2024-09/Updated_Size_Standard_Methodology_WhitePaper_2024_Proposed_508_v0.pdf * Link for Submitting comments by September 21, 2026 https://www.regulations.gov/commenton/SBA-2026-0199-0001 * How Big is Small? The Economic Effects of Access to Small Business Government Support by Matthew Denes et. al. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3451424 Chapters * 0:00 Breaking News: SBA Proposes a Sweeping Overhaul of Size Standards * 1:17 Sam’s Background at SBA * 3:02 What the Law Requires: Defining “Small” * 5:49 Two Types of Size Standards: Employees vs. Receipts * 8:52 Procedural Requirements: NAICS Codes and Public Hearings * 11:44 Walking Through the Proposed Numbers * 18:12 How These Numbers Got So Big: The Old Methodology * 21:19 The New Methodology and the $500 Million Anchor * 26:08 Footnotes and Sub-Industries Eliminated * 30:42 What This Means: Mid-Sized Companies Become Small * 33:05 Second-Order Effects: The Rule of Two and Set-Asides * 36:52 Contract Consolidation, M&A, and the Mentor-Protégé Program * 41:23 Timeline: The Comment Period and Path to a Final Rule * 47:57 Audience Q&A: SBIR, Loan Programs, and Multi-Award IDIQs * 50:33 The Old Maximum Cap, and Research on Raising Size Standards * 54:07 Effects on Subcontracting and Certification Programs * 56:07 The Dominance Standard and How to Submit Comments * 58:41 Closing Thoughts: Sam’s Take With over 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is http://www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

  4. Aug 4

    Domestic Sourcing: The Buy American Act and TAA Explained (with Karri Palmetier)

    Karri Palmetier is a legal expert on one of the fastest evolving subjects in government contracting: domestic-sourcing requirements. She joined me after her well-attended session at NCMA World Congress in Orlando, and we started our discussion with a new Executive Order. The Order prioritizes domestic sourcing in the military supply chain. Underlying that Order is a combination of complicated laws, the Buy American Act and the Trade Agreements Act (or TAA). This is an area where knowing the caselaw is critical. Neither the FAR nor the statute provide much guidance on how those laws operate in real-world situations. Karri and I talked through some of the biggest cases. Then I couldn’t let Karri leave Orlando without asking her about an important SBIR case about national security reviews. If you’re watching this on YouTube or listening to the podcast, you can find the full auto-generated transcript at http://www.govconintelligence.com. Links * Karri Palmetier on LinkedIn https://www.linkedin.com/in/karri-palmetier-93094736 * Palmetier Law https://palmetierlaw.com/ * Executive Order on “Securing America’s Defense Supply Chains and Ensuring Domestic Sourcing of Critical Materials” https://www.whitehouse.gov/presidential-actions/2026/07/securing-americas-defense-supply-chains-and-ensuring-domestic-acquisition-of-critical-materials/ * Buy American Act https://uscode.house.gov/view.xhtml?path=/prelim@title41/subtitle4/chapter83&edition=prelim * Trade Agreements Act https://uscode.house.gov/view.xhtml?path=/prelim@title19/chapter13&edition=prelim * FAR Part 25, Foreign Acquisition https://www.acquisition.gov/far/part-25 * OMB’s Made in America Office https://www.madeinamerica.gov/ * The DaVinci Company LLC v. United States (COFC) https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2024cv1238-54-0 * Energizer Battery LLC v. United States (CIT) https://law.justia.com/cases/federal/appellate-courts/cit/13-00215/13-00215-2016-12-07.html * Cyber Power Sys. (USA) Inc. v. United States (CIT) https://law.justia.com/cases/federal/appellate-courts/cit/20-00124/20-00124-2022-02-24.html * Acetris Health LLC v. United States (CAFC) https://www.cafc.uscourts.gov/opinions-orders/18-2399.opinion.2-10-2020_1529718.pdf * Kayvan Space Corp. v. United States (COFC) https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2025cv0104-79-0 Chapters * 00:00 - Introduction to GovCon Intelligence and Karri Palmetier * 01:58 - The Securing America’s Defense Supply Chains Executive Order * 05:44 - Balancing Supply Chain Requirements and Small Business Burdens * 10:57 - Demystifying the Buy American Act Pricing Preference * 14:00 - The Made in America Office and the Waiver Process * 18:00 - Defining Manufacturing and the Component Test * 22:12 - The Trade Agreements Act (TAA) and the Da Vinci Case * 28:33 - The Substantial Transformation Test Under the TAA * 36:52 - Bid Protests vs. Customs Cases: The Acetris Decision * 44:55 - Compliance Tips for Prime Contractors and Subcontractors * 48:36 - Knowing Your Competition and Pricing Trade-offs * 52:19 - SBIR Contracts and Foreign Ownership, Control, or Influence (FOCI) * 57:10 - Conclusion and Contact Information With over 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is http://www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

    Domestic Sourcing: The Buy American Act and TAA Explained (with Karri Palmetier)
  5. Jul 28

    SBA Case Updates: Joint Ventures, 8(a) & Size

    Meghan Leemon and I caught up after her excellent presentation on joint ventures at the National HUBZone Conference in Virginia. Meghan, who practices out of PilieroMazza’s Colorado office, was involved in one of the most important joint-venture cases in years. She also had a fascinating tip on how larger small businesses can use JVs to keep their status longer. We then talked through her recent wins on 8(a) suspensions and few recent SBA OHA decisions. The cases that Meghan works on aren’t just interesting legal decisions. They also create new regulatory guidance for 8(a) firms completing their annual reviews and responding to the ongoing SBA audit. Links * Meghan Leemon on LinkedIn https://www.linkedin.com/in/meghan-leemon-710615b * PilieroMazza profile https://www.pilieromazza.com/people/meghan-f-leemon/ * Primary Healthcare LLC d/b/a Anglin Distinctive Health Care JV LLC v. United States, Case No. 25-1795C (2026). https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2025cv1795-40-0 * OS-DB-JV-2, LLC, B-424382, June 16, 2026. https://www.gao.gov/products/b-424382 * Size Appeal of DSC-EMI II, LLC, SBA No. SIZ-6387 (2026). https://govt.westlaw.com/sbaoha/Document/I3277fc47670f11f1b5ede6c75ce634c0 * SBA Unified Agenda: Joint Ventures in Government Contracting Programs. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202510&RIN=3245-AI23 * Matter of PolyCon Solutions, LLC, SBA No. BDPT-742 (2026). * Matter of ThirdPacket Technologies, SBA No. BDPE-763 (2026). * Matter of Parsco LLC, SBA No. BDPT-749 (2026). https://govt.westlaw.com/sbaoha/Document/I9258bebc790211f1bab1a69685c3e57d * Millbrook Support Services, Inc., B-424107, Feb. 23, 2026. https://www.gao.gov/products/b-424107 * Size Appeal of A&H Ambica JV, LLC, SBA No. SIZ-6382 (2026). https://govt.westlaw.com/sbaoha/Document/I59112c234f9e11f1b1f6a9415ba6940b * Size Appeal of Tayrona Investments, LLC, SBA No. SIZ-6390 (2026). https://govt.westlaw.com/sbaoha/Document/Ieb859d2a79e111f19f5fb3c8f8e54d0b Chapters * 00:00 - Introduction to GovCon Intelligence * 00:23 - Joint Ventures: Managing Receipts and Size Limits * 03:07 - The Primary Healthcare Case: Size at Final Proposal Revision * 08:44 - Consolidating SBA Joint Venture Rules and Certifications * 12:40 - Contract-Specific Affiliation and Numbered Joint Ventures * 15:57 - 8(a) Suspensions and Calculating Owner AGI * 23:20 - Reporting Jointly Owned Assets in MySBA Certifications * 26:30 - The Parsco Case: Submitting Documents to SBA * 29:22 - Millbrook Support Services: Recertification on VA Task Orders * 32:34 - The A&H Ambika JV Case: The Adverse Inference Rule * 35:30 - The Non-Manufacturer Rule and Size Standards * 37:47 - Conclusion and Contact Information Read a transcript at govconintelligence.com With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

    SBA Case Updates: Joint Ventures, 8(a) & Size
  6. Jul 21

    FOCI: The Next Small Business Compliance Bomb (with Erin Estevez)

    Erin Estevez has a warning for Defense contractors—if you think you’re in the clear because of the CMMC Phase 2 pause, you may not be ready for what’s next. A new compliance regime is right around the corner. And the soon-to-be-required disclosures on Foreign Ownership, Control, and Influence (FOCI) are much broader than the name suggests. If you have a contract with a foreign company, an overseas investor, or an employee on Visa status, you will probably need to comply. These rules will be especially important for firms seeking VC or private equity investment. Erin joined me on GovCon Intelligence to explain how far the FOCI disclosures will reach, how to comply with the tight 3-day deadlines, and what DCSA is planning to do with the coming onslaught of cases. This is definitely an area to pay attention to as the military tries to attract nontraditional contractors and small businesses. Links Erin Estevez on LinkedIn https://www.linkedin.com/in/erin-estevez-96a09236/ DoD Proposed Rule on Mitigating Risks Related to Foreign Ownership, Control, or Influence https://www.federalregister.gov/documents/2026/05/07/2026-09067/defense-federal-acquisition-regulation-supplement-mitigating-risks-related-to-foreign-ownership SF 328 https://www.gsa.gov/reference/forms/certificate-pertaining-to-foreign-interests S.4648 - A bill to improve transparency with respect to foreign influence on Department of Defense contractors https://www.congress.gov/bill/119th-congress/senate-bill/4648/text Chapters * 00:00 - Introduction to GovCon and FOCI Rules * 01:16 - Current Tracking of Foreign Ownership, Control, and Influence * 04:05 - The Proposed Expansion of the FOCI Regime * 06:29 - Deep Dive into Standard Form 328 (SF-328) * 11:11 - Impact on Commercial Acquisitions * 12:51 - M&A Activity and Investor Disclosure Obligations * 17:04 - Pre-Transaction Engagement and Mitigation Strategies * 20:33 - Post-Award Monitoring and Compliance * 21:55 - The Three-Day Reporting Rule and Tight Timelines * 25:40 - Supply Chain and Subcontractor Flow-Down Responsibilities * 27:34 - Consequences of Non-Compliance and Enforcement Risks * 29:33 - Case Volume Explosions and Acquisition Bottlenecks * 32:55 - Legislative Interest and Policy Trajectories * 36:15 - Small Business Compliance Burdens and Front-Loaded Costs * 41:13 - CMMC Parallels and Future Rule Predictions * 43:25 - Guest Outro and Contact Information Go to http://govconintelligence.com for a full transcript With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

    FOCI: The Next Small Business Compliance Bomb (with Erin Estevez)
  7. Jun 30

    The Next Stage of the FAR Overhaul (with David Mullis)

    David Mullis has been analyzing the FAR Overhaul from a small-business perspective for well over a year now. So when the FAR Council published its first batches of proposed rules last week, the former SBA Advocacy assistant chief counsel and current regulatory consultant at Gov Contract Pros was my first choice to break down how those rules affect small businesses. There are some surprises in there, David says. The proposed rules aren’t the same as what we saw published last year—instead, there are substantive policy changes. And there are some hidden changes for small businesses that you’ll miss if you read the 1,000 pages too quickly. Right now, David is pushing to get small businesses more time to comment on the rules. But, if the FAR Council keeps to its current schedule, comments will be due on July 23. David and I talked about the strategies that small businesses should use to make sure their comments are considered, and how they might play a long game to push back on the changes, even if they are finalized. Links David Mullis https://www.linkedin.com/in/david-mullis Gov Contract Pros https://govcontractpros.com FAR Overhaul Proposed Rules: * Parts 1, 2, 4, 33, 39, 40, and 53 https://www.federalregister.gov/d/2026-12559 * Parts 3 and 49 https://www.federalregister.gov/d/2026-12562 * Parts 5, 24, and 29 https://www.federalregister.gov/d/2026-12561 * Parts 6, 7, 10, 18, 26, 37, and 41 https://www.federalregister.gov/d/2026-12560 Executive Order on Restoring Common Sense to Federal Procurement https://www.federalregister.gov/d/2025-06839 “You Said, We Did: How Public Feedback on Model Deviations Informed the Proposed Rules” https://www.acquisition.gov/far-overhaul/you-said-we-did Open FAR Cases tracker https://www.acq.osd.mil/dpap/dars/opencases/farcasenum/far.pdf Regulatory Flexibility Act https://advocacy.sba.gov/resources/regulatory-flexibility-act/ SBA SBIR Policy Directive https://www.sbir.gov/about/policies FAR proposed Rule on Controlled Unclassified Information, January 2025 https://www.federalregister.gov/d/2024-30437 FAR Proposed Rule on Strengthening America’s Cybersecurity Workforce (NICE Framework), January 2025 https://www.federalregister.gov/d/2024-30504 Guide to the Regulatory Flexibility Act https://advocacy.sba.gov/resources/regulatory-flexibility-act/rfa-basics/ Regulations.gov docket for comments https://www.regulations.gov/comment/FAR-2026-0001-0003 Chapters 00:00 - Introduction to the FAR Overhaul 01:28 - What is the Revolutionary FAR Overhaul? 02:30 - The Significance of Proposed Rules 04:05 - The Rulemaking Timeline 06:01 - The Scope of the 12 FAR Rules 07:50 - Substantive Changes vs. Model Deviations 09:41 - The Impact of Public Comments and the Sunset Provision 13:30 - The Regulatory Flexibility Act and 10-Year Reviews 15:06 - Changes to Market Research (Part 10 to Part 7) 17:14 - The Push for COTS and Full and Open Competition 19:15 - Balancing COTS with Cybersecurity and Compliance Risks 20:22 - Oral Acquisition Plans 21:09 - The Impact on Small Business Programs 24:43 - Good News for SBIR/STTR Programs 27:13 - The New CUI and Cybersecurity Requirements 32:41 - The 30-Day Comment Period Debate 36:36 - Breaking Down the 12 Rulemaking Batches 37:48 - The Regulatory Flexibility Act (RFA) Explained 39:43 - The Missing Data in the Regulatory Flexibility Analysis 41:55 - The IRFA, FRFA, and Judicial Challenges 45:08 - The Role of the SBA Office of Advocacy 46:57 - Strategic Tips for Submitting FAR Overhaul Comments 51:38 - Conclusion and Contact Info Go to www.govconintelligence.com for a full transcript. With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

    The Next Stage of the FAR Overhaul (with David Mullis)
  8. Jun 23

    Behind the Scenes of the Fight for the Rule of Two (with Lizzie Sullivan)

    Lizzie Sullivan has been pushing the Rule of Two through Congress for years now, and this year is the best shot to get that vital rule for small businesses into statutory law, she says. But opposition from an unexpected source has popped up. Sullivan, the president of Madison Services Group, joined me on GovCon Intelligence to discuss the prospect of Congress passing the Rule of Two—which would boost small business set-asides for years to come. We also talked about why 151 is a bad number of IT value-added resellers, the bill that would end the women-owned small business program, and what to expect out of SBA’s size standards. Links * Elizabeth Sullivan on LinkedIn: https://www.linkedin.com/in/esullivanmsgi/ * Madison Services Group: https://madisonservicesgroup.com/ * Women’s Procurement Circle: https://www.procurementcircle.org/ * H.R. 2804, Protecting Small Business Competitions Act of 2025: https://www.congress.gov/bill/119th-congress/house-bill/2804/text * GSA Summary of Results of Request For Information (RFI) about IT hardware procured through Value Added Resellers (VARs): https://buy.gsa.gov/interact/community/6/activity-feed/post/ed096e0c-4d52-459f-895c-37c9e95884de/ * SBA Proposed Rule on Monetary-Based Size Standards: https://www.federalregister.gov/documents/2025/08/22/2025-16142/small-business-size-standards-monetary-based-industry-size-standards * H.R. 7154, Streamlining Small Business Contracts Act of 2026: https://www.congress.gov/bill/119th-congress/house-bill/7154/text * SBA Proposed Rule on Social Disadvantage in the 8(a) Program: https://www.federalregister.gov/documents/2026/06/11/2026-11765/reforms-to-remove-sbas-8a-programs-rebuttable-presumption-of-social-disadvantage-for-individually * S. 4390, Ending Discrimination in Government Contracting Act: https://www.congress.gov/bill/119th-congress/senate-bill/4390/text * Federal News Network: “SBA kicks off new audit of economically disadvantaged contractors” https://federalnewsnetwork.com/acquisition-policy/2026/06/sba-kicks-off-new-audit-of-economically-disadvantaged-contractors/ Chapters 00:00 - Introduction to GovCon and the Rule of Two 01:28 - The History and Legislative Push for H.R. 2804 03:58 - Understanding the Tolliver Case and Task Orders 05:28 - Bipartisan Support and the NDAA Vehicle 11:15 - Navigating Mandatory Sources and AbilityOne Concerns 14:45 - The Importance of Codifying the Rule of Two 17:35 - GWAC Innovation, Pools, and the Shift in Task Orders 19:26 - The IT Value-Added Reseller (ITVAR) Size Standard Debate 26:05 - The Value of ITVARs vs. Direct Procurement and OneGov 30:46 - The Fight to Raise Sole Source Thresholds 35:50 - The Impact of Compressed Buying Years and Competition 38:54 - Reimagining the OSDBU and the 8(a) Proposed Rule 41:43 - Women-Owned Small Business Entry into the 8(a) Program 44:57 - Legislative Threats to Small Business Set-Aside Programs 47:49 - Deconstructing the EDWOSB Audit and Program Origins 52:47 - Overcoming the Scrutiny and Complexity of the WOSB Program 55:18 - Strategies for Capability Statements and Mission Alignment 58:26 - A Plea for Small Business Unity Against Large Competitors 59:41 - Wrapup Go to http://govconintelligence.com for a full transcript With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam obtained his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This episode of GovCon Intelligence was produced by Amelia Delphos. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

    Behind the Scenes of the Fight for the Rule of Two (with Lizzie Sullivan)

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Small-business government contracting updates and analysis from legal, regulatory, and data perspectives. I spent 20 years writing contract regulations for the government. Now I help small business owners understand the fine print. www.govconintelligence.com

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