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SBA Will Pause Certification Applications During Website Maintenance

On August 1, 2024, the Small Business Administration (SBA) will temporarily stop accepting applications for small-business certifications while it upgrades the certify.sba.gov website. This will affect new applications and...more

Coming Soon: Long-Awaited Updates to FAR Small Business Rules

After several years of disjointed regulations between the Small Business Administration ("SBA") and the Federal Acquisition Regulation ("FAR") related to the limitations on subcontracting, revised FAR regulations are on the...more

The Dangers of Defrauding the Government: Recent Cases Confirm Fraudulent Contractors May Face Civil and Criminal Penalties

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

8(a) Program's Future in Question as New Arguments are Raised in Federal Court

As the Small Business Administration ("SBA") has scrambled to adapt to the July 19, 2023, federal court decision that found the 8(a) program's rebuttable presumption of social disadvantage for certain races and ethnicities to...more

Project W Expands Into the Last Frontier

Women have always been a driving force in Alaska, from the frontier days to the present, and Anne Marie Tavella and Elizabeth Hodes are no exception. Under their leadership, Women Advancing a Prosperous Alaska (WAPAK) seeks...more

SBA Temporarily Halts New 8(a) Applications in Wake of Federal Court Decision

The Small Business Administration (SBA) has temporarily suspended new applications to the 8(a) Business Development Program while it revises the application questionnaire in light of the recent decision from the District...more

SBA’s Sweeping Changes to 8(a) Regulations Go Live May 30

Amendments to small-business development program affect joint ventures, the ostensible subcontractor rule, and ownership changes Numerous changes to the Small Business Administration's (SBA) 8(a) program regulations go...more

Vaccination Mandate Deadline Extended for Federal Contractors

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

Task Force Releases Guidance on Vaccine Requirements for Federal Contractors

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

Biden Appoints Made in America Director

The Biden Administration took a major step to implement the President's January 25, 2021, Executive Order, focused on building up the Buy American and Buy America statutes and regulations, with the appointment of the first...more

Uncertainty Surrounds Changes to Buy American Rules Under Biden Administration

More than a month after President Biden issued an Executive Order focused on expanding the Buy American and Buy America statutes and regulations, questions remain as to current applicability of the Buy American rules in the...more

Contract Clause for Weather Delays Does Not Override Suspension of Work Clause

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

New Consolidated SBA Mentor/Protégé Rule Is in Effect - Three-in-Two Rule Eliminated

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

No Award of Attorneys' Fees Under Equal Access to Justice Act if Government Position Is Substantially Justified

In a recent decision, the Armed Services Board of Contract Appeals (ASBCA) reaffirmed that, even when a contractor prevails in a claim against the Government, attorneys' fees under the Equal Access to Justice Act (EAJA), 5...more

Supreme Court of Alaska Tosses Contractor Claim for Failure to Timely Submit Notice

On May 1, 2020, the Supreme Court of Alaska issued a decision upholding the Alaska Department of Transportation's (ADOT) decision to deny a contractor's claim for additional compensation due to the contractor's failure to...more

5/5/2020  /  AK Supreme Court , Contractors

Board Determines Virus Is Excusable but Non-Compensable Delay

A decision just issued by the Civilian Board of Contract Appeals (CBCA) offers guidance on how the federal government may respond to COVID-19 claims. In this case, there was an outbreak of Ebola at the project site, and the...more

Wait! Wait! Don't Sign That!

Government Contracts attorneys have long advised clients to be wary of executing contact modifications containing broad release language. ...more

Board Rejects Measured Mile Damages Calculation

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

Different NAICS Codes and Industries Does Not Prevent Finding of Affiliation

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

OHA Confirms Competitors Cannot Protest 8(a) Sole Source Awards

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

VA Obtains $685 Million for Construction and Renovation Projects

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

Feds Charge Alleged Sham Small Businesses Owners

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

Changes to HUBZone Ownership Requirements

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

OHA Clarifies Ostensible Subcontractor Rule

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

SBA Issues New Proposed Rule to Consolidate SDVOSB Eligibility Rules

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

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