Reducing the Negative Impacts of a Government Shutdown for Federal Contractors -
Once again, the specter of a government shutdown looms over the federal contracting community. The federal government is set to run out of...more
Once again, the specter of a government shutdown looms over the federal contracting community. The federal government is set to run out of funding on September 30 and tensions in the House are making it ever more likely that...more
GOVERNMENT CONTRACTS -
Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program -
On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where...more
7/27/2023
/ Bid Protests ,
Biden Administration ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Veterans Affairs ,
DFARS ,
Federal Contractors ,
GAO ,
General Services Administration (GSA) ,
NATO ,
SBA ,
Small Business
On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where it declared that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage,...more
GOVERNMENT CONTRACTS -
House Passes Bill Increasing Importance of Subcontracting Plan Performance as an Evaluation Factor -
On June 8, 2022, the U.S. House of Representatives passed a bill, referred to as H.R. 7694,...more
The performance of any government contract by a contractor has the potential to bring certain monetary risks of a government claim against the contractor. Below, we discuss 5 key ways a government contractor can be subject to...more
GOVERNMENT CONTRACTS -
SBA Increases Its Size Standards, Opening More Opportunities for Winning Government Contracts -
The long-awaited increase to size standards by the Small Business Administration (SBA) has arrived....more
4/14/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Federal Contractors ,
Federal Employees ,
GAO ,
General Services Administration (GSA) ,
SBA ,
Sick Leave ,
Vaccinations
The long-awaited increase to size standards by the Small Business Administration (SBA) has arrived. On March 31, 2022, SBA issued four final rules that increase the small business size standards for a number of industries. As...more
As of this writing, and in the absence of a continuing resolution being enacted by Congress, there will be a shutdown of most government operations on October 1, 2021. It is not clear whether the House and the Senate will be...more
LITIGATION & DISPUTE RESOLUTION -
Watch Your Step: Avoiding False Claims Act Violations from Limitations in Subcontracting and Performance of Work Requirements -
Members of the government contracting community are...more
9/24/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Employer Liability Issues ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Fraud ,
General Services Administration (GSA) ,
Human Resources Professionals ,
SBA ,
Small Business
CLIENT ALERT: The CARES Act and Leave Guide for Employers: Deciding Which Option is Best for You and Your Employees, March 27, 2020....more
In a recent Court of Federal Claims (COFC) case, Raytheon Corporation (Raytheon) challenged a federal agency order that a Government Purpose Right (GPR) legend be affixed to documents purportedly containing technical data....more
Dear Ms. Fernandez -
We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule on amendments to its regulations to merge the 8(a) Business Development Program...more
Dear Ms. Fernandez -
We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule on amendments to its regulations to merge the 8(a) Business Development Program...more
2/3/2020
/ 8(a) Program ,
Business Development ,
Comment Period ,
Federal Contractors ,
Joint Venture ,
Mentor-Protege Program ,
Multiple Award Contracts ,
NAICS ,
Proposed Rules ,
Public Procurement Policies ,
SBA ,
Small Business
FALSE CLAIMS ACT -
Small Businesses and the False Claims Act (FCA): Are More FCA Cases Against Small Businesses on the Horizon?
On August 20, 2019, the U.S. Department of Justice (DOJ) announced that it had reached a...more
9/26/2019
/ Department of Justice (DOJ) ,
Employee Definition ,
False Claims Act (FCA) ,
Federal Contractors ,
GAO ,
General Services Administration (GSA) ,
Gig Economy ,
Independent Contractors ,
Minimum Wage ,
OFCCP ,
Small Business ,
Wage and Hour
An important benefit of a mentor-protégé agreement (MPA) is that no determination of affiliation may be found between a protégé and its mentor solely because of assistance provided under the agreement. A recent decision of...more
GOVERNMENT CONTRACTING -
The Congressional Research Service issued a report providing an overview of small business contracting. The report describes the various federal programs, requirements, procurement officers, and...more
3/18/2019
/ Cybersecurity ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Federal Contractors ,
GAO ,
Information Technology ,
NLRB ,
Prevailing Wages ,
Request For Information ,
Section 8(a) ,
Small Business ,
US Air Force ,
Venture Capital
GOVERNMENT CONTRACTING -
As reported in a Nextgov article, the Department of Homeland Security’s (DHS) Chief Procurement Officer Soraya Correa issued a special notice extending the due dates for all unamended acquisition...more
1/28/2019
/ ADEA ,
Armed Services Board of Contract Appeals ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Employment Discrimination ,
Exhaustion Doctrine ,
Federal Contractors ,
Fluor ,
Fraud ,
Furloughs ,
Gender-Based Pay Discrimination ,
Government Shutdown ,
Indictments ,
IRS ,
Job Applicants ,
NLRB ,
OFCCP ,
Oracle ,
Pay Data ,
Procurement Guidelines ,
SCOTUS ,
SDVOSB ,
Unemployment Benefits
It is generally difficult to win a bid protest by arguing that the awardee proposed personnel that it did not have a reasonable expectation would be available for performance. Such allegations are normally difficult to prove,...more
During settlement discussions with the federal government, contractors are sometimes concerned that the government may not live up to the terms or frustrate the purposes of a settlement agreement and that they will be harmed...more
DEFENSE DEPARTMENT -
To Streamline Acquisitions, 809 Panel Presses Department of Defense to Adopt Portfolio Management -
According to an article on federalnewsradio.com, the congressionally-mandated panel in charge of...more
7/17/2018
/ Cybersecurity ,
Defense Sector ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Intellectual Property Protection ,
No-Poaching ,
Public Employees ,
Reorganizations ,
Small Business
Compliance with the requirements of the Truthful Cost or Pricing Data statute (“TCPD”), which is still commonly known as the Truth in Negotiations Act, has been a significant burden to many small business contractors. Under...more
SMALL BUSINESS ADMINISTRATION -
Tribal Consultation for Small Business HUBZone Program and Government Contracting Programs and Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments -
The...more
4/30/2018
/ Contract Disputes Act ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
FOIA ,
HUBZone ,
Mentor-Protege Program ,
SBA ,
Small Business
A few months back, my colleague, Michelle Litteken, wrote a blog post titled “Don’t Get Lost Filing and Prosecuting CDA Claims.” She discussed a decision, Securiforce International America, LLC v. United States, in which the...more
The General Services Administration (“GSA”) and the Office of Management and Budget (“OMB”) are providing an important opportunity to the public to provide input into the implementation of the so-called “Amazon Amendment,”...more