GovCon Intelligence

Sam Le

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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

6일 전

What's next for GovCon M&A (with Damien Specht)

Damien Specht, a partner at the Morrison Foerster law firm, joined me yesterday on GovCon Intelligence, just a few days after the Senate passed a bill to reauthorize the SBIR program. We got into the details of the reauthorization bill. Then we talked about his specialty—mergers and acquisitions of government contractors. After working on hundreds of M&A deals, Damien shared his tips for companies in dealing with the recent small-business M&A cliff, plus what small businesses need to take care of before selling.And, with SBA’s most recent announcement on an additional 620 proposed terminations, we discussed the 8(a) audits. How do SBA’s actions affect firms on OASIS+ and the GSA Schedule? An auto-generated summary follows. A full transcript is posted at https://www.govconintelligence.com/p/... Sam Le interviews Damien Specht, a Morrison & Foerster partner, about Senate-passed SBIR reauthorization after the program’s first lapse, including debates over capping repeat Phase I/II winners, adding larger awards, and emphasizing commercialization while keeping SBIR focused on early-stage R&D. Damien discusses how small business legislation moves slowly on Capitol Hill compared with regulatory change, and how private equity, minority investment, and strategic M&A shape the govcon market. He analyzes SBA’s January 16 recertification “cliff,” uncertainties for IDIQ reserves, GSA Schedule and novation, and suggests mentor-protégé JVs and minority investments as post-cliff strategies. The conversation also covers SBA’s 8(a) suspension waves and limitation-on-subcontracting enforcement, alleging AI-driven screening with errors and due-process concerns, conflicts between SBA rules and the FAR overhaul, and common diligence pitfalls like affiliation, delayed SAM updates, ownership structure noncompliance, and JV mistakes. 00:00 Show Welcome 00:41 SBIR Reauthorization Update 01:51 Caps Awards Commercialization 04:06 Program Purpose And Outreach 06:18 Hill Experience And Partisanship 09:23 Investment And Affiliation Rules 11:42 Recertification Cliff Explained 19:32 Market Outlook And Deal Types 21:51 Post Cliff Strategies 24:28 Minority Investment Rule Changes 25:09 Venture Capital Affiliation Trap 27:10 8a Suspensions and AI Audits 31:14 Subcontracting Limits Enforcement 32:56 FAR Overhaul vs SBA Rules 35:51 Building People GAO Case 38:27 Wish List for New SBA Rules 39:32 HUBZone 35 Percent Challenge 41:06 M&A Valuation Near Size Limit 43:11 Due Diligence Compliance Pitfalls 46:40 Joint Venture Rules and Wrap Up 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

49분
2월 20일

AI, GovCon, and the Perils of Speed (with Jessica Tillipman)

Jessica Tillipman is the dean of GW Law’s procurement law program and the leading expert on the use of AI in government contracting. I caught up with her about the Supreme Court’s tariffs decision, the potential for AI-enabled corruption, and the future of lawyering. Along the way, we discussed SBA’s recent wave of suspensions and proposed terminations of 8(a) firms. An auto-generated summary of the conversation follows. In this episode of GovCon Intelligence, Jessica Tillipman, the associate dean for government procurement law studies at the George Washington University Law School, discusses how rapid federal adoption of artificial intelligence is reshaping oversight, competition and integrity in government contracting. The conversation opens with breaking news about a Supreme Court decision striking down tariffs as a tax and turns to Tillipman’s forthcoming article, Buying Blind: Corruption Risk and the Erosion of Oversight in Federal AI Procurement, which argues that “risky buying equals risky deployment” when agencies pursue A.I. without sufficient training, infrastructure and governance. Sam links those concerns to the Small Business Administration’s February 11 wave of more than 150—closer to 230—letters suspending or proposing termination of 8(a) companies, describing basic errors and legal deficiencies that suggest automated screening without adequate human verification or due process.Tillipman explains her “wedding cake” model of the A.I. tech stack—chips, data and cloud infrastructure at the base; foundation models as the “brain”; applications near the top; and human oversight above it, with security and governance layered throughout. She warns that market concentration and preferred partnerships can deepen lock-in and complicate accountability. She also outlines how the stack can create organizational conflicts of interest, from biasing ground rules and unequal access to information to risks that arise during customization and fine-tuning, and she raises concerns about “algorithmic collusion” and the use of telemetry and logging data. Drawing on South Africa’s “state capture” scandal, she describes how procurement can be exploited to capture institutions and argues that A.I., operating quietly inside data-rich agencies, could magnify those dangers.The episode distinguishes between “corruption risks,” including A.I.-generated fraud, prompt injection and proposal gamification, and “integrity risks,” such as bias, drift, hallucinations, opacity and automation bias. Tillipman urges agencies to treat A.I. as an aid rather than a substitute, emphasizing human-in-the-loop oversight, traceability to solicitation requirements and proposal text, and the need to protect due process for those flagged by fraud tools. She critiques the current federal posture as governance in retreat—citing a speed-first approach, promotional OneGov pricing that can fuel behavioral dependency, and the disruption of a FAR overhaul alongside buyouts and retirements.The discussion also addresses a ProPublica report on the Department of Transportation’s effort to draft regulations rapidly with Gemini and rumors of Pentagon pressure on Anthropic tied to contractual clauses allowing any lawful use of A.I. systems. Tillipman says these developments underscore that A.I. governance is not neutral and that the government still wields leverage, including through supply-chain risk designations. Turning to the classroom, she describes growing anxiety among students about the job market and worries that heavy reliance on A.I. is eroding foundational legal skills, prompting a shift toward more in-person, closed-book assessment and instruction aimed at A.I. literacy. Tillipman predicts that industry may use governance as a competitive differentiator, but she expects a scandal-driven swing back toward reform. She directs listeners to jessicatillipman.com and LinkedIn.00:00 Meet Dean Jessica Tillipman (GW Law) 00:31 Small Business Affiliation Rules: The Paper That Shaped SBA Policy02:23 Supreme Court Tariffs Ruling—What It Means for Business & GovCon05:20 The paper, ‘Buying Blind,’ and AI Corruption Risk in Federal Procurement06:16 SBA’s 8(a) Suspension Letters. Did AI Fraud Detection Get It Wrong?08:48 ‘Risky Buying = Risky Deployment’: Human-in-the-Loop & Due Process Safeguards11:36 The ‘Wedding Cake’ AI Tech Stack Explained16:03 Conflicts of Interest in the AI Stack: Algorithmic Collusion, OCIs & Telemetry21:40 South Africa’s ‘State Capture’ Scandal25:47 Promo Pricing, OneGov Deals & Behavioral Dependency30:23 Corruption Risk vs. Integrity Risk32:31 AI Fraud & Voice Consent: The Next Wave of Scams32:47 System Corruption in Procurement, Prompt Injection & Proposal Gaming34:01 Hallucinations, Protests, and FAR Part 15: Why Humans Must Stay in the Loop37:08 Using AI the Right Way in Evaluations40:10 AI ‘Slop’ and Losing Your Voice41:44 Speed vs Guardrails in the FAR Overhaul Era45:35 Should AI Write Regulations? The DOT ‘20-Minute Draft Rule’ Debate48:34 Prompts for Brutal, Bias-Checking Feedback50:58 Pentagon vs Anthropic54:48 Preparing the Next Generation for the Job Market59:52 10-Year Outlook: Compliance as Advantage, the Next Scandal, and Finding the Middle Ground01:02:54 Wrap-Up: Governance & AI Literacy as Differentiators + Where to Find Jessica Tillipman About the Guest Jessica Tillipman is the Associate Dean for Government Procurement Law Studies and Government Contracts Advisory Council Distinguished Professorial Lecturer in Government Contracts Law, Practice & Policy at the George Washington University Law School. She is a leading authority on public procurement, corruption, and the governance of AI in the public sector, with a particular focus on integrity, compliance, and emerging technology risks in government contracting. 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 is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

1시간 3분
2월 7일

Trump Isn't Done Reshaping the SBA (with Robb Wong)

Robb Wong was the government’s top small-business advocate in the first Trump Administration, working closely with former SBA Administrator Linda McMahon. He joins Sam on GovCon Intelligence to discuss the Trump Administration’s posture toward small-businesss contractors, the 8(a) data call, and his outlook for 2026. An auto-generated summary of the conversation follows. Guest Background * Robb Wong served as the government’s leading advocate for small business contractors in the Trump administration from 2017 to 2020 under SBA Administrator Linda McMahon. He currently runs FedSolve, a platform supporting high-performing small businesses in IT, professional services, and construction. * SBA Achievements: During his tenure, federal small business utilization goals were exceeded for four consecutive years, and the market grew to over $240 billion. * Key Policy Wins: Robb formalized the Women-Owned Small Business (WOSB) certification program, initiated the transfer of the VA’s Service-Disabled Veteran-Owned Small Business (SDVOSB) program to the SBA, and shaped the current SBA Mentor-Protégé program. The “Trump 2.0” Administration and SBA Policy * Administrative Approach: Robb observes that the current administration is operating differently than the first but hopes they remain faithful to the same goals. His philosophy during Trump 1.0 was to strictly follow the law. * Department of Government Efficiency (DOGE) Cuts: Robb generally supports the concept of smaller government and procurement reform but criticizes the “ham-handed” execution of recent cuts. * Staff Reductions: The SBA’s Office of Government Contracting and Business Development (GCBD) staff was reduced from approximately 80 employees to 40, according to Robb. * Impact: Robb notes that losing key personnel hurts the agency’s ability to process actions and support the warfighter. The Hegseth Memo and DEI Scrutiny * The Memo: Sam discusses a memo from Secretary of War Pete Hegseth directing a review of all small business set-asides over $20 million for cost efficiency, questioning the DEI focus. * Robb’s Reaction: Robb suggests Hegseth’s memo parrots language from a recent SBA press release. While the industry fears the 8(a) program will be eliminated, Robb argues the program is grounded in the Small Business Act and 13 CFR regulations. * Removing DEI: Robb agrees with the administration’s move to remove DEI as a criteria for 8(a), emphasizing that admission should not be based on race alone. Status of the 8(a) Program: Freezes and Audits * Approval Freeze: Sam notes that there have been zero 8(a) approvals since August 15, 2025. This is due to a change in processing and a slowdown rather than an outright termination of the program. * The Data Call: The SBA has shifted resources from processing applications to conducting audits and data calls. * Survival Rates: Robb helped firms successfully navigate the data call by ensuring their submissions were complete and on time, warning that incomplete submissions would result in removal. Future Scrutiny (Economic & Social Disadvantage): * Economic Disadvantage: Robb predicts the next wave of audits will focus on economic disadvantage thresholds. He advises firms to verify their numbers and prepare explanations. * Social Disadvantage: The administration may scrutinize narratives. The “two incidents” rule is weak, Robb says, compared to the requirement of “chronic and longstanding” disadvantage. * White Male Eligibility: Robb clarifies that white males have historically been able to enter the 8(a) program through a social disadvantage narrative. That makes new guidance on “illegal DEI” redundant to existing regulations. Market Environment and Predictions for 2026 * CIO-SP4 Cancellation: Robb predicts what will come out of the cancellation of the CIO-SP4 contract vehicle. * Mentor-Protégé & Joint Ventures: Robb continues to advocate for the Mentor-Protégé program. He advises firms to form joint ventures to combine capabilities (”Mighty Mouse and Superman”) and pursue small-business contracts. Advice for Small Businesses * Change the Pitch: Robb emphasizes that companies must stop leading with their certifications (e.g., “I’m 8(a)”). Instead, they must lead with quality, problem-solving, and past performance. * Do the Homework: Businesses must conduct deep market research, understanding agency missions and specific program problems using public information. * Business Development: Companies must actively engage contracting officers by proving they can solve specific problems, rather than relying solely on status. About the Guest Robb Wong is the founder and principal of FedSolve, an advisory service for high-performing small businesses. He served as the White House-appointed SBA Associate Administrator for Government Contracting and Business Development from 2017 to 2020. 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 is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

39분
1월 23일

Who are the 1,000 firms suspended by SBA--plus Q&A

Links mentioned: Dave Zvenyach: “The 8(a) Dustup” SBA: “SBA Issues Clarifying Guidance That Race-Based Discrimination is Not Tolerated in the 8(a) Program” SBA 8(a) Program Mandate SBA Small Business Search City Journal: “They Systematically Discriminate Against One Group: White Men.” Below is an auto-generated summary of a live video. This episode discusses recent developments and heightened scrutiny surrounding the Small Business Administration's (SBA) 8(a) program. Sam touches upon the announcement by Secretary of War Pete Hegseth regarding a review of sole source contracts, leading to an intense week of actions by SBA. Key points include the recent data call for 4,300 8(a) firms requiring submission of 39 documents, SBA's suspension of over 1,000 firms for lack of response, and new guidance which states that race-based discrimination is not tolerated. Sam also goes over the removal of the guide for demonstrating social disadvantage, implications for new applicants, and a controversial article claiming no 8(a) contracts were awarded to white men between 2020-2023. Sam discusses the suspension of firms, the efficiency of sole-source contracts, the program's historical context, and upcoming reviews that could impact the program. Audience questions address the suspension appeal process and broader application of sole source authority. Topics Introduction to Recent Developments in the 8(a) Program SBA's Data Call and Immediate Consequences New Mandates and Social Disadvantage Criteria Race-Neutral Administration and Social Disadvantage Narratives Reverse Discrimination and White Men in the 8(a) Program Suspensions and Their Impact on the 8(a) Program Q&A and Final Thoughts 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

33분
1월 22일

The truth about 8(a) and ANCs (with Christine Williams)

On this episode of the GovCon Intelligence podcast, Sam and Christine Williams cover the current state of the SBA 8(a) program, focusing on recent administrative challenges, fraud allegations, and the specific role of Alaska Native Corporations (ANCs). The SBA 8(a) Data Call and Data Security. The discussion begins with Christine describing the recent SBA 8(a) data call as “awful” due to a portal that was unequipped for large contracts, resulting in slow performance and timeouts. She expresses distress over an SBA proclamation that the submitted data was not proprietary, raising concerns about the protection of sensitive information and social security numbers. Sam notes the possibility of the SBA using third-party vendors like Palantir for forensic analysis, which raises further questions about data security for 8(a) participants. Debunking Fraud and Misconceptions. The speakers address recent reports of fraud within the program, with Sam clarifying that actual fraud figures are significantly lower—estimated between $22,000 and $13 million—than the “click bait” figures of $550 million often cited. They emphasize that the 8(a) program is not a “giveaway” but is highly competitive, with some estimates suggesting four out of five firms never receive a contract award. To counter negative narratives, they highlight 8afacts.org, a resource that tracks the program’s significant economic and job impact across various congressional districts. The Role of Alaska Native Corporations (ANCs). Christine explains the historical context of ANC participation in the 8(a) program, noting it was established through the Alaska Native Claims Settlement Act (ANCSA) as a negotiated exchange for land and pipeline rights. She highlights that the U.S. Supreme Court has affirmed the status of ANCs as tribal organizations entitled to self-determination. The speakers also discuss Alaska’s strategic military importance, noting that the state receives over $10 billion in defense money. Demographic Shifts and Political Scrutiny. The conversation shifts to the 2023 change in SBA rules that removed racial presumptions for social disadvantage. This change has led to a 50% increase in participation by white male-owned firms and a high level of participation among service-disabled veterans. Despite these shifts toward objective standards, the program faces new scrutiny from the Department of War. Sam and Christine discuss a video by Secretary Pete Hegseth that targets sole-source contracts exceeding $20 million, a threshold that primarily affects ANCs and tribes. Christine warns that this targeted scrutiny could create a “chilling effect” for contracting officers, even though 8(a) sole-source awards provide unmatched procurement speed. Proposed Reforms and Conclusion. In closing, the participants suggest several reforms to improve the program’s transparency and palatability: * Implementing electronic reporting systems for subcontracting compliance. * Developing a “TSA pre-check” style pre-vetting process for qualified firms. * Formalizing social disadvantage through objective standards like poverty levels in specific zip codes or veteran status. * Encouraging small businesses to adopt corporate compliance programs based on Department of Justice guidelines: https://www.justice.gov/criminal/criminal-fraud/page/file/937501/dl?inline= The episode concludes with an emphasis on the lethality and efficiency that 8(a) firms bring to the government and a recommendation for listeners to use 8afacts.org as a resource for verified data. About the Guest Christine Williams is a principal at Outlook Law in Anchorage, Alaska. She was named one of America’s Top 50 Lawyers for her work on government contracts in Alaska. She is a fellow of the American Bar Foundation and a former adjunct law professor at Seattle University School of Law’s Alaska Campus. Relevant Links * Outlook Law: outlooklaw.com * 8a Facts: 8Afacts.org * An Open Letter to Sec. Hegseth (Holly MathNerd) * DOJ Evaluation of Corporate Compliance Programs: https://www.justice.gov/criminal/criminal-fraud/page/file/937501/dl?inline= 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 is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

54분
1월 8일

What SBA says it will do with the 8(a) data call (with Matt Schoonover)

Matt Schoonover and I got together this afternoon to discuss what SBA told the Office of Management and Budget about the 8(a) data call. Below is an auto-generated summary of our conversation. You can find the topic of our conversation, SBA’s submission to OMB, on reginfo.gov. In this episode of GovCon Intelligence, Sam sits down with Matt Schoonover, a leading attorney in government contracting, to unpack the SBA 8(a) data call. The conversation focuses on the data call issued by the SBA in December, which requires 4,500 firms in the 8(a) program to submit extensive operational and financial records by January 19th—a federal holiday. Bypassing standard public notice procedures under the Paperwork Reduction Act, the agency cited urgent concerns over “waste, fraud, and abuse” and the potential for evidence destruction as justification for the emergency measure. Together, Sam and Matt analyze the regulatory filings that reveal the SBA’s rationale, the estimated $32 million compliance cost to small businesses, and a surprising statement regarding the confidentiality of the data collected. Topics Emergency Authorization: The SBA used emergency clearance procedures to fast-track the data collection, bypassing the standard notice-and-comment period. The agency argued that a public process could allow bad actors to “alter, destroy, or otherwise conceal” evidence. The Cost of Compliance: The SBA estimates the total burden on the 4,500 respondents will be approximately $32 million—roughly $7,000 per participant. However, the hosts note that for less sophisticated firms or those with complex contracts, the actual costs could be significantly higher. “No Assurance of Confidentiality”: Perhaps the most concerning discovery in the SBA’s supporting documents is a statement explicitly declaring, “There is no assurance of confidentiality.” This raises questions for contractors asked to hand over sensitive “secret sauce” data, including complete accounting ledgers, employee lists, and vendor details. Fraud Narrative: The data call appears rooted in the SBA’s belief that the 8(a) program is riddled with waste, fraud, and abuse. Matt argues this premise undermines a program that has successfully fostered economic development for decades. Social disadvantage focus?: Sam and Matt discussed SBA’s investigation into program compliance, focusing on potential issues with social disadvantage narratives and truthful representation in admissions. They speculated that SBA may be reviewing data to verify the accuracy of companies’ social disadvantage claims. Sam suggested that a permanent government-wide solution could involve implementing a system for companies to report their compliance with subcontracting limitations, as required by statute. Format changes: Sam and Matt discussed changes between SBA’s initial data call draft and the final version, focusing on format requirements and data collection methods. They noted that SBA switched from requesting Excel files to CSV files, which Matt suggested could be intended to be more inclusive of non-Microsoft users or to facilitate easier analysis. About the Guest Matt Schoonover is the lead partner at Schoonover & Moriarty, a Kansas-based law firm specializing in federal government contracting for small businesses. He serves as a co-chair on the American Bar Association’s Small Business Committee. Relevant Links * Schoonover & Moriarty: schoonoverlawfirm.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 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 is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

39분
2025. 12. 19.

Closing out 2025 with 8(a) audit questions and a FAR Overhaul update

For a full summary, go to http://www.govconintelligence.com. Topics The 8(a) Fraud Debate and Senate Hearings Nuances of Limitations on Subcontracting (LOS) SBA Audit Updates and FAQs SBA Atlassian website. The FAR Overhaul Q&A Session Q: Can you “stack” the 40% rule for JVs on top of LOS? Q: Is the ultimate intent to do away with set-aside programs? Q: Is there rampant fraud in the 8(a) program? Q: How do you challenge a Social Disadvantage narrative? Q: Will the audit uncover LOS violations? Caselaw update GAO: Certificates of Competency (COC) and Binary Choices C-Slope COFC: The “Once 8(a), Always 8(a)” Rule and Coordination Court of Federal Claims SBA OHA: Ownership Changes and “Gaps” in Eligibility SBA Office of Hearings and Appeals Criminal Case: 8(a) Fraud and the “Unconstitutionality” Defense Middle District of Pennsylvania GAO: SBIR Phase III Sole Source Authority Bode Technology. GAO: 8(a) Eligibility and GSA MAS Pools The Building People 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 is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

36분
2025. 12. 05.

What SBA is probably looking for in the 8(a) audit

Full transcript available at http://www.govconintelligence.com. Here are five areas that I think SBA is going to look into when it receives documentation from the 8(a) audit. Audit Focus Areas The five areas are: * Limitations on Subcontracting * Compliance with the Mentor-Protégé Program * Excessive Withdrawals * Benefits Reporting for entity-owned firms * Indications of Bribery or Kickbacks 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 podcast 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

18분

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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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Sam Le
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2025년 - 2026년
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