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Government Shutdown in 4 Days: What Contractors Need to Know

On September 30, 2023, Congress passed a temporary stopgap funding bill, which allows the federal government to continue to operate until November 17, 2023. At which time there will be a government shutdown....more

SBA 8(A) Business Program Pause: Minority-Owned Businesses Can’t Rely On SBA’s Rebuttable Presumption Of Social Disadvantage

The U.S. District Court for the Eastern District of Tennessee recently issued a decision holding that a rebuttable presumption of social disadvantage for certain minority groups to qualify for inclusion in the Small Business...more

SBA’s 8(a) Business Development Program

What is the 8(a) program? The 8(a) Business Development program or 8(a) program assists small-disadvantaged businesses to compete in the American economy and Federal marketplace. The 8(a) program provides a range of...more

Late Is Not Always Late: COFC Expands The Government Control Exception For Late Proposals

Contractors must meet strict deadlines to ensure that their bid or proposal is timely submitted to be eligible to compete for government contracts. The Federal Acquisition Regulation (“FAR”) places the burden on contractors...more

Word To The Wise: Prior Discussions Will Not Prevent A Modification From Waiving A Contractor’s Right To Assert A Future Claim

Oftentimes contractors face changing circumstances during contract performance through delays or change orders and then seek to recover additional time and funding through a bilateral modification with the government. ...more

Prejudice Not Presumed Despite Arbitrary and Capricious Decision by Agency

In a recent decision by the U.S. Court of Appeals for the Federal Circuit (CAFC), System Studies & Simulation, Inc. v. U.S., No. 2021-1469 (Fed. Cir. Dec. 30, 2021), the CAFC issued an important decision holding that...more

Corrective Action After A Bid Protest Is Filed

Corrective Action After A Bid Protest Is Filed: The Court of Federal Claims (COFC) May Apply More Scrutiny Than The Government Accountability Office (GAO)- During the course of a bid protest filed at the Government...more

Differences Between Labor Categories In An Offeror’s Proposal and Solicitation Requirements

An interesting problem arose in a procurement for the acquisition of audit support services. The solicitation stated that an offeror’s Federal Supply Schedule (FSS) Contract Labor Categories (LCATs) must “align precisely”...more

Restrictive Markings for Technical Data Deliverables Contained Within Legends May Differ For Government and Third Parties

The Defense Federal Acquisition Regulation Supplement (DFARS) implements strict requirements for marking proprietary technical data with an appropriate restrictive legend tailored to the non-commercial items delivered to the...more

A Small Business Protégé Must Have “Unequivocal” Control Over A Joint Venture

The U.S. Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) issued an important decision that the managing venturer must have unequivocal control over the joint venture (JV). Seventh Dimension, LLC,...more

Developments in Timeliness: Better Late Than Never

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued Harmonia Holdings Group, LLC v. U.S., No. 2020-1538 (Fed. Cir. Dec. 7, 2021), a long-awaited decision that reverses the U.S. Court of Federal Claims (COFC)...more

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