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
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
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
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
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
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: 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
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
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
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
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