It should go without saying that contractors should do their best to avoid lying to the government in the bidding and performance of federal contracts. The government has a host of remedies available to ensure contractors who...more
On November 10, 2021, the Safer Federal Workforce Task Force released updated Guidance for Federal Contractors and Subcontractors, which extends the date for covered contractor employees to be fully vaccinated to January 18,...more
On Friday, following President Biden's September 9, 2021, Executive Order (EO) on Ensuring Adequate COVID Safety Protocols for Federal Contractors, the Safer Federal Workforce Task Force (Task Force) released the Federal...more
In the recent case of Granite Construction Co., ASBCA 62281, the Armed Services Board of Contract Appeals granted partial summary judgment to a contractor that sought delay damages under FAR 52.242-14, Suspension of...more
The Small Business Administration's (SBA) final rule consolidating the 8(a) Mentor/Protégé Program into the All-Small Mentor/Protégé Program is now in effect as of November 16, 2020. The rule, issued on October 16, 2020,...more
Government Contracts attorneys have long advised clients to be wary of executing contact modifications containing broad release language. ...more
In a recent decision, the Armed Services Board of Contract Appeals rejected a large portion of a contractor’s damages claim based on the Board’s determination that the contractor’s measured mile calculation did not measure...more
In a recent decision the Small Business Administration’s Office of Hearings and Appeals (“OHA”) affirmed a determination that a company was other than small based on the company’s failure to provide adequate information in...more
In a decision issued on April 3, 2018, the SBA Office of Hearings and Appeals (“OHA”) confirmed competitors do not have standing to file size protests relating to 8(a) sole source awards. In Size Appeal of GovSmart, Inc., SBA...more
The U.S. Department of Veterans Affairs has set aside $685 million in congressional funding for several State Veterans Home construction projects.
The projects will be funded through the VA State Veterans Home Construction...more
On April 3, 2018, a federal grand jury indicted two Wisconsin residents and a construction business of fraud and other charges accusing them of wrongfully obtaining $200 million in contracts set aside for small businesses by...more
The SBA issued a final rule on March 26, 2018, implementing changes flowing from the National Defense Authorization Act of 2018 (“NDAA 2018”). The rule takes effect on May 25, 2018. One of the major changes relates to the...more
At the end of last year, the Small Business Administration Office of Hearings and Appeals (“OHA”) issued a decision that further clarified the “ostensible subcontractor” rule. This rule may result in affiliation when a small...more
On January 29, 2018, the SBA issued a proposed rule to address and resolve the existing conflicts between the current eligibility requirements in the SBA and VA regulations. This action comes after specific direction in the...more
A recent bid protest decision confirmed that the ostensible subcontractor rule cannot apply to similarly situated entities. The rule can result in a finding of affiliation if a small business prime contractor is determined to...more
When the performance of a federal contract runs into trouble, the contractor may face a variety of issues including threats of default, delays and acceleration, cost overruns, etc. During this time, worrying about the...more
On Tuesday, Dec. 6, 2016, the Federal Acquisition Regulatory Council published a proposed rule aimed at finalizing regulations for small business set aside contracts in multiple award procurements. The new rule allows more...more
Small and large businesses seeking to take advantage of the Small Business Administration’s (SBA) new All Small Mentor-Protégé Program will now have to jump through an extra hurdle as part of the application process.
The...more