WHAT: The U.S. Small Business Administration (SBA) issued a proposed rule that’s directed principally at amending its regulations governing the Historically Underutilized Business Zone (HUBZone) program, but also proposes...more
In a previous article, we analyzed what made protests successful at the Government Accountability Office (“GAO”) in Fiscal Year 2023 (“FY23”). Now, we want to share some insights we gained while conducting the same analysis...more
On May 23, 2023, the Court of Federal Claims (COFC) granted a preliminary injunction halting the award and performance of a contract awarded to Cloud Harbor Economics, LLC Cloud Harbor from the Department of Health and Human...more
The common theme of this month’s Law360 Bid Protest Roundup is a seemingly hot topic these days: joint ventures. One recent Government Accountability Office (“GAO”) decision and one recent U.S. Court of Federal Claims...more
Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more
Many small businesses learn the hard way that a “bid protest” and a “size protest” differ in much more than name only. Whereas generally a “bid protest” challenges agency action taken in connection with a procurement and can...more
On November 30, 2020, the U.S. Court of Federal Claims (COFC) issued a decision that supported the Small Business Administration’s position regarding the Rule of Two analysis requirements for government acquisitions. The...more
Client Alert: SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know - On November 29, 2019, the U.S. Small Business Administration (SBA) issued a final rule that will...more
This installment of our monthly bid protest Law360 spotlight examines three protest decisions released in October 2019. In the first decision, Akira Technologies, Inc. v. United States, COFC No. 19-1160C (Fed. Cl. Oct. 10,...more
GOVERNMENT CONTRACTS LAW - Late Is Late—Even on the GSA Schedule - In a recent blog, we discussed the “late is late” rule in government contracting which has been the cause of many protests and much consternation...more
GOVERNMENT CONTRACTS - Pentagon Warns CEOs: Protect Your Data or Lose Our Contracts - According to an article from Govexec.com, the Pentagon has issued a warning to defense-industry contractors, insinuating that they...more
Veteran-owned small businesses have long faced inconsistencies between the regulations of the Small Business Administration (SBA) and those of the Department of Veterans Affairs (VA). For example, these inconsistencies can...more
In late December, the Court of Federal Claims upheld an SBA decision revoking a Service Disabled Veteran Owned Small Business’ (“SDVOSB”) status on the basis the business failed in the unconditional ownership requirement set...more
This month’s bid protest roundup discusses five decisions covering corrective action, an agency’s evaluation discretion, the “late-is-late” rule, intervening at the Court of Federal Claims (COFC), and Small Business...more
Recently, two Small Business cases that came out that are notable. Both protests affect Small Business Administration interpretation and application of affiliation rules. The first protest defeated a joint venture agreement...more
What may be standard in the corporate world can severely disrupt set-aside status in the highly-regulated government contract space. Take the recently-decided case of Precise Systems. ...more
In this presentation: - GSA Schedule Contracts: Veterans First? - 2013 National Defense Authorization Act (“NDAA”): - NDAA Revisions To LOS - New Mentor Protégé Program - NDAA Impact On MP...more
It has been the common understanding within the U.S. Small Business Administration (“SBA”), and the small business government contracting community as a whole, that the nonmanufacturer rule applies only to contracts for the...more
Another federal government fiscal year end is quickly approaching and with it comes the usual uptick in spending, awards...and inevitable protests. If you are considering a protest, it is critical to understand the deadlines...more