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 (https://www.govconintelligence.com?utm_medium=podcast)
SBA's Increases to Size Standards: Why, When, and How...
In a livestream, I answered the two questions I get most about SBA’s proposal on size standards: Why is SBA doing this? And when might it happen? I also broke down how SBA could leave just 360 small businesses left in Federal contracting.
Links
Proposed Rule: Small Business Size Standards (https://www.federalregister.gov/documents/2026/08/20/2026-17042/small-business-size-standards) https://www.federalregister.gov/documents/2026/08/20/2026-17042/small-business-size-standards
Regulations.gov docket (https://www.regulations.gov/document/SBA-2026-0199-0001/comment) https://www.regulations.gov/document/SBA-2026-0199-0001/comment
Google Sheet of Size Standard Proposals (https://docs.google.com/spreadsheets/d/1lY83yT6T-THskHao-Vf28JrryhKay-XP) https://docs.google.com/spreadsheets/d/1lY83yT6T-THskHao-Vf28JrryhKay-XP
Text of all 2,723 comments as of 9/21 (https://drive.google.com/file/d/1mhbiHWMVFWqfbUhYwd1H4LTNoBtG1oAN) https://drive.google.com/file/d/1mhbiHWMVFWqfbUhYwd1H4LTNoBtG1oAN
Courtney Modecki’s post on LinkedIn (https://www.linkedin.com/posts/courtneymodecki_govcon-smallbusiness-sba-share-7506740781034930176-vVAs) https://www.linkedin.com/posts/courtneymodecki_govcon-smallbusiness-sba-share-7506740781034930176-vVAs
Wolverine Group Size Standard Impact Tool (https://wolverine-group.com/tooling-size-standard.html) https://wolverine-group.com/tooling-size-standard.html
Project 2025 Presidential Transition Project (Heritage Foundation) (https://static.heritage.org/project2025/2025_MandateForLeadership_FULL.pdf) https://static.heritage.org/project2025/2025_MandateForLeadership_FULL.pdf
Statement of FCC Chairman Brendan Carr Re: (https://docs.fcc.gov/public/attachments/DOC-424076A2.pdf)Amendment of Section 73.3555(e) of the Commission’s Rules, National Television Multiple Ownership Rule (https://docs.fcc.gov/public/attachments/DOC-424076A2.pdf), MB Docket No. 17-318, Report and Order (August 6, 2026) (https://docs.fcc.gov/public/attachments/DOC-424076A2.pdf) https://docs.fcc.gov/public/attachments/DOC-424076A2.pdf
FY26 SBA Scorecard Methodology Update (https://legacy.sba.gov/sites/default/files/2026-09/FY26%20SBA%20Scorecard%20Methodology%20Update-1.pdf)https://legacy.sba.gov/sites/default/files/2026-09/FY26%20SBA%20Scorecard%20Methodology%20Update-1.pdf
Press Release: Advocacy Supports SBA Size Standards Update (https://advocacy.sba.gov/2026/09/17/advocacy-supports-sba-size-standards-update/)https://advocacy.sba.gov/2026/09/17/advocacy-supports-sba-size-standards-update/
Small Business Innovation Measure by Patenting Activity (https://advocacy.sba.gov/wp-content/uploads/2022/09/Fact-Sheet_Small-Business-Innovation-Measured-by-Patenting-Activity-1.pdf) https://advocacy.sba.gov/wp-content/uploads/2022/09/Fact-Sheet_Small-Business-Innovation-Measured-by-Patenting-Activity-1.pdf
Department of Defense Small Business Strategy (https://media.defense.gov/2023/Jan/26/2003150429/-1/-1/0/SMALL-BUSINESS-STRATEGY.PDF) https://media.defense.gov/2023/Jan/26/2003150429/-1/-1/0/SMALL-BUSINESS-STRATEGY.PDF
Bending the Rules by Rachel Augustine Potter (https://www.augustinepotter.com/books.html) https://www.augustinepotter.com/books.html
Denes et al., How Big is Small? The Economic Effects of Access to Small Business Government Support (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3451424) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3451424
Feinstein, Small Business Favoritism (https://faculty.wharton.upenn.edu/wp-content/uploads/2026/06/Small-Business-Favoritism.pdf) https://faculty.wharton.upenn.edu/wp-content/uploads/2026/06/Small-Business-Favoritism.pdf
Size Appeal of Brice Solutions, LLC (https://govt.westlaw.com/sbaoha/Document/I36932e89aba311f195c6ba05d03f86cf) https://govt.westlaw.com/sbaoha/Document/I36932e89aba311f195c6ba05d03f86cf
HUBZone Appeal of DT Professional Services LLC (https://govt.westlaw.com/sbaoha/Document/I1e9a0d5ab5d111f19a6dae822e4bdc94) https://govt.westlaw.com/sbaoha/Document/I1e9a0d5ab5d111f19a6dae822e4bdc94
Chapters
* 0:00 Introduction
* 1:25 The 60-Day Comment Extension
* 2:24 Two Dockets and 2,723 Comments
* 3:28 Why the 60,000 Comment Figure Is Wrong
* 4:46 87 Percent Against
* 8:35 Comments by NAICS Code
* 10:29 Why Is SBA Doing This? Project 2025
* 14:14 The FCC Ownership Cap Parallel
* 18:37 Why SBA Uses Four-Digit NAICS Codes
* 19:57 The Mid-Size Business Problem Since the 1980s
* 20:48 37,000 or 4,200 Mid-Size Firms?
* 23:20 Companies Grow Up to the Cap
* 24:18 The Math: 60,000 Small Businesses or 360?
* 29:23 The Short Answer on Why
* 30:02 When Will SBA Finalize? Rachel Potter’s Three Tools
* 33:46 Timing as a Tool and the Midterm Elections
* 36:31 Roadblocks: Opposition and Organization
* 37:49 Legal Challenges
* 39:19 The Scorecard and New Entrants
* 40:17 What the Research Says About Raising Size Standards
* 42:45 Small Businesses and Innovation
* 45:29 Audience Questions
* 52:40 HUBZone Appeal: DT Professional Services
* 53:54 Size Appeal: Brice Solutions
* 55:34 Closing
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 (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 (https://www.govconintelligence.com?utm_medium=podcast&utm_campaign=CTA_1)
15 Sept 2026
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/) https://www.linkedin.com/in/timmdavid/
Burr & Forman profile (https://www.burr.com/people/david-timm) 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)) 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) 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/) 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) https://github.com/ombegov/2025-Federal-Agency-AI-Use-Case-Inventory
AI Hallucinations Database (https://www.damiencharlotin.com/hallucinations/) 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) 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) 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 (https://dockets.justia.com/docket/federal-claims/cofce/1:2026cv00796/54375) (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) 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 (https://www.gao.gov/products/b-423640.2%2Cb-423640.4) (GAO) https://www.gao.gov/products/b-423640.2%2Cb-423640.4
Warfighter Focused Logistics, Inc., B-423546, B-423546.2, Aug. 5, 2025 (https://www.gao.gov/products/b-423546%2Cb-423546.2#_ftnref3) (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) https://arxiv.org/abs/2511.15304
AI Self-preferencing in Algorithmic Hiring: Empirical Evidence and Insights (https://arxiv.org/abs/2509.00462) https://arxiv.org/abs/2509.00462
AI Agents Push Humans Out of the Loop (https://arxiv.org/abs/2608.23642) https://arxiv.org/abs/2608.23642
Lost in the Middle (https://arxiv.org/abs/2510.10276) 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 (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 (https://www.govconintelligence.com?utm_medium=podcast&utm_campaign=CTA_1)
1 Sept 2026
The Case Against the FAR Overhaul (with Marcos Gonzalez)
Host Sam Le interviews Marcos Gonzalez of GovSpring Legal about his lawsuit challenging the FAR overhaul process and its impact on contractors.
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David Mullis
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