The Small Business Administration has issued a direct final rule requiring that Service-Disabled Veteran-Owned Small Businesses be certified by its VetCert program in order for agencies and prime contractors to receive credit...more
The ruling indicates that selecting New York law may increase the likelihood that the terms of a well-written teaming agreement will be enforced.
Government contractors will find the New York Court’s recent denial of a...more
The Court of Appeals for the Federal Circuit reversed a Court of Federal Claims ruling, finding that a bidder whose proposal was excluded from the competitive range was an interested party to protest the evaluations of...more
In the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022, Congress reauthorized these programs for another three years and added new requirements to reduce foreign...more
1/6/2023
/ China ,
Conflicts of Interest ,
Due Diligence ,
Foreign Entities ,
Iran ,
National Security ,
North Korea ,
Reporting Requirements ,
Russia ,
SBA ,
SBIRs ,
STTR ,
Venture Capital
The Board’s jurisdiction attaches when the contracting officer renders a final decision or a deemed denial, and a later finding by the contracting officer that fraud is suspected will not deprive the Board of jurisdiction....more
The U.S. Court of Appeals for the Federal Circuit interprets DFARS technical data rights clause to allow contractors to mark technical data delivered to the government to restrict the rights of non-government third...more
The Small Business Administration’s questionnaires request information related not only to the economic condition of the borrower at the time it received the PPP loan, but also about its economic experience after receiving...more
11/3/2020
/ Borrowers ,
CARES Act ,
Good Faith ,
Interim Final Rules (IFR) ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Paycheck Protection Program Flexibility Act of 2020 (PPPFA) ,
Publicly-Traded Companies ,
Questionnaires ,
SBA ,
Small Business ,
Small Business Loans ,
U.S. Treasury
The Armed Services Board of Contract Appeals rules against the government on summary judgment but reminds offerors of the importance of understanding this key procurement law.
The Procurement Integrity Act (PIA) governs...more
On May 13, 2020, one day before the expiration of the relevant “safe harbor” deadline, the Small Business Administration (SBA) issued new guidance to borrowers who have been considering whether to return their CARES Act...more
Small businesses should prepare for new data rights provisions appearing in Small Business Innovation Research (SBIR) contracts.
The Department of Defense (DoD) class deviation addressing SBIR contracts will cause...more
On May 5, 2020, the Small Business Administration (SBA) and the Treasury Department extended by one week the “safe harbor” for CARES Act Paycheck Protection Program (PPP) applicants to return their loans in the event that the...more
Under retroactive guidance issued by SBA and the Treasury Department on April 23, 2020, CARES Act Paycheck Protection Program (PPP) applicants must consider their access to alternative sources of liquidity before certifying...more
4/28/2020
/ Borrowers ,
CARES Act ,
Certification Requirements ,
Federal Register ,
Good Faith ,
Interim Final Rules (IFR) ,
Liquidity ,
New Guidance ,
Paycheck Protection Program (PPP) ,
SAFE ,
SBA ,
U.S. Treasury
SBA issues interim regulations and guidance on the Paycheck Protection Program, including confirmation of “affiliation” rules that may leave many companies affiliated with their investors and other businesses.
New Small...more
4/10/2020
/ Banks ,
Business Closures ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Loans ,
Financial Stimulus ,
Lenders ,
Liquidity ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief
Guidance on eligibility for small business loans under the CARES Act.
Companies that have investments from venture capital (VC) and/or private equity (PE) funds, or that have raised funds under similar terms from corporate...more
Varied Executive Orders, in increasing numbers, have closed nonessential businesses and services across the country, with a variety of implications for government contractors.
An increasing number of States—now numbering...more
On Oct. 4, 2019, the DOJ issued guidance for determining whether commercial or financial information provided by a person or company is “confidential” under FOIA Exemption 4.
When preparing reverse-FOIA submissions, a...more
10/21/2019
/ Department of Justice (DOJ) ,
Exemptions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
New Guidance ,
Private Commercial or Financial Information ,
Public Disclosure ,
Public Records ,
Technology Transfer Agreements ,
Trade Secrets ,
Trade Secrets Protection Act of 2014
Two recent Office of Hearings and Appeals (OHA) rulings provide much needed guidance as to whether a letter of intent (LOI) will create an affiliation, potentially rendering a small business ineligible to bid on small...more
New DoD rules enhance contractors’ post-award debriefing rights.
New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more
Lockheed Martin’s recent success in overcoming GAO protests shows that fully explaining a transaction in the works can be a key proposal element.
The GAO has denied three protests of a high-profile contract award to...more
3/1/2018
/ Adverse Impact ,
Bid Protests ,
Change of Ownership ,
Complex Corporate Transactions ,
Contract Peformance ,
Disclosure Requirements ,
Federal Contractors ,
GAO ,
Lockheed Martin ,
Mergers ,
Shareholder Approval
A short-term continuing resolution (CR) has re-opened our government after nearly three days of shutdown. But contractors suffered cost impacts over the past few days and may face more significant issues on February 8 if a...more
- Procurements under FAR Part 8 are subject to a different default rule than FAR Part 15 procurements, GAO rules.
- Absent clear direction from the solicitation, an agency conducting a Part 15 procurement must consider...more
In a shock to investors and political analysts around the world, Donald J. Trump won the 2016 Presidential election, putting the Republican Party in charge of the White House and Congress for the first time in a decade. Even...more
On August 25, 2016, the Federal Acquisition Regulatory Council issued final rules and the Department of Labor (DOL) published final guidance implementing President Obama’s 2014 “Fair Pay and Safe Workplaces” Executive Order...more
8/31/2016
/ Administrative Merits Determinations ,
Amended Regulation ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Guidance ,
Final Rules ,
Labor Law Violations ,
Reporting Requirements ,
Subcontractors
The bid protest long has been the province of the disappointed bidder/offeror—the government contractor that competed for the award of a federal contract and lost. A new decision from the United States Court of Federal Claims...more
On April 15, 2016, the Government Accountability Office (GAO) issued a proposed rule in the Federal Register that would amend its current bid protest regulations, codified at 4 C.F.R. Part 21.1 The proposed rule adds a degree...more