The U.S. Small Business Administration (SBA), in accordance with the Small Business Runway Extension Act of 2018, recently issued its much-anticipated final rule to modify its method for calculating average annual receipts...more
The Interagency Suspension and Debarment Committee (ISDC) recently issued its annual report to Congress on federal government suspension and debarment activities for fiscal year (FY) 2018. As discussed below, this year’s ISDC...more
The Small Business Administration (SBA) recently issued a proposed rule “to merge the 8(a) Business (BD) Mentor-Protégé Program and the All Small Mentor-Protégé Program to eliminate confusion and remove unnecessary...more
11/15/2019
/ 8(a) Program ,
EDWOSB ,
Federal Contractors ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
Proposed Rules ,
SBA ,
SDVOSB ,
Small Business ,
VOSB ,
WOSB
The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report for Fiscal Year (FY) 2019. As discussed below, this year’s report is particularly noteworthy for multiple reasons, including...more
President Trump signed an Executive Order on October 31, 2019, revoking “Executive Order 13495 of January 30, 2009 (Nondisplacement of Qualified Workers Under Service Contracts), which requires that successor Federal...more
The Government Accountability Office (GAO), in TeamWendy, LLC, B-417700.2 (Oct. 16, 2019), recently clarified the scope of its authority to review bid protests involving the addition of products or services to the AbilityOne...more
The Department of Defense (DOD) recently promulgated a final rule limiting the DOD’s ability to use the Lowest Price Technically Acceptable (LPTA) method of procurement. The final rule — which took effect on October 1, 2019,...more
On October 1, 2019, the General Services Administration (GSA) issued its much-anticipated consolidated schedule solicitation, merging 24 multiple award schedules (MAS) into a single schedule for products, services and...more
The U.S. Court of Federal Claims (COFC), in Netcentrics Corp. v. United States, recently upheld an agency’s decision to disqualify an offeror from a procurement based on a perceived material misrepresentation in the offeror’s...more
The Small Business Administration (SBA) Office of Inspector General (OIG) recently issued a public report on the SBA’s All Small Mentor-Protégé Program (ASMPP), in which the SBA OIG found certain shortcomings in the SBA’s...more
9/20/2019
/ 8(a) Program ,
Business Development ,
Federal Contractors ,
Final Rules ,
Joint Venture ,
Mentor-Protege Program ,
SBA ,
Set-Aside Contracts ,
Small Business ,
Standard Operating Procedures ,
WOSB
The General Services Administration (GSA) has announced that the Federal Business Opportunities website — commonly referred to as “FedBizOpps.gov” — will be decommissioned “starting on November 8, 2019” and that the website’s...more
The Government Accountability Office (GAO) recently denied two consolidated bid protests alleging that a solicitation issued by the General Services Administration (GSA) was inconsistent with the Small Business Runway...more
he U.S. Small Business Administration (SBA) recently issued an interim final rule “adjusting the monetary-based industry size standards (i.e., receipts- and assets-based) for inflation that has occurred since the last...more
The Small Business Administration (SBA) recently issued a much-anticipated proposed rule “to modify its method for calculating annual average receipts used to prescribe size standards for small businesses.” Specifically,...more
The Small Business Administration (SBA) began accepting applications for the All Small Mentor-Protégé Program (ASMPP) in 2016 and has seen a surge in applications in each subsequent year.
Under the ASMPP, any small...more
A California federal court recently allowed a relator’s False Claims Act suit against two federal contractors to proceed where the relator’s allegations centered on purported noncompliance with federal cybersecurity...more
The Department of Labor’s Office of Federal Contract Compliance Program (OFCCP) recently requested approval from the Office of Management and Budget (OMB) of a new approach to review federal construction contractors’...more
The General Services Administration (GSA) recently announced that, “[d]ue to corrective action being taken in response to a U.S. Court of Federal Claims protest, the government has rescinded all contract awards made in...more
For over a year now, federal defense contractors have been required to comply with Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident...more
2/1/2019
/ Contractor Audits ,
Cyber Incident Reporting ,
Cybersecurity ,
DCMA ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Flow Down Clause ,
NIST ,
Popular ,
Subcontractors
The current government shutdown is now the longest in U.S. history, and many federal contractors are incurring costs as a result of shutdown-related work stoppages and delays. Luckily, many federal contracts contain clauses...more
We recently reported that, on December 17, 2018, President Trump signed into law a bill that amends the Small Business Act to require that the size of a federal contractor be measured by an average of five years—rather than...more
In 2018, three particularly important decisions were issued that will have a significant impact on bid protest law for years to come: Dell Federal Systems LP v. United States, PDS Consultants Inc. v. United States, and Oracle...more
12/28/2018
/ Appeals ,
Bid Protests ,
COFC ,
Corrective Actions ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
Federal Contractors ,
GAO ,
Nonprofits ,
Procurement Guidelines ,
Rule of Two ,
Set-Aside Contracts ,
Small Business ,
US Army Corps of Engineers ,
Veterans
We recently reported that, on December 17, 2018, President Trump signed into law a bill that amends the Small Business Act to require that the size of a federal contractor be measured by an average of five years—rather than...more
On December 17, 2018, President Trump signed into law a bill that amends the Small Business Act to require that the size of a federal contractor be measured by an average of five years, rather than three years, of revenue for...more
The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) recently issued what appears to be its first ever decision on a bid protest challenging a company’s eligibility for participation in the Department...more