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Weekly Update Newsletter - March 2019 #3

GOVERNMENT CONTRACTING - The Congressional Research Service issued a report providing an overview of small business contracting. The report describes the various federal programs, requirements, procurement officers, and...more

Are You Complying with All Applicable Procurement Requirements?

Entering into contracts with the federal government requires contractors to comply with a significant number of requirements, including statutory, regulatory, and contractual requirements. And, under the False Claims Act, the...more

OHA Explains Which SDVOSB Eligibility Rules Apply in Its First VA SDVOSB Protest Decision

Starting October 1, 2018, the U.S. Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) now has jurisdiction over all service-disabled veteran-owned small business (“SDVOSB”) status protests when the...more

Federal Circuit Confirms That VA Rule of Two Analysis Is Required for All Types of VA Procurements

Last year, I wrote about a decision of the U.S. Court of Federal Claims (“COFC”) in which it held that the U.S. Department of Veterans Affairs (“VA”) must perform a “Rule of Two” analysis to determine whether at least two...more

Marketing Your Small Business for Sole Source Awards

The federal government is increasingly using nontraditional ways to spend its money, such as purchasing goods and services through “other transaction authority,” which we recently wrote about and which does not require...more

Weekly Update Newsletter - October 2018

DEFENSE DEPARTMENT - Federal Acquisition Regulation: Evaluation Factors for Multiple-Award Contracts - The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space...more

GAO Rebukes Agency for Finding Proposal Nonresponsive Based on Buy American Act Submission

The U.S. Government Accountability Office (“GAO”) recently sustained a bid protest in which the U.S. Department of Energy (“DOE”) found a construction contractor’s bid to be nonresponsive due to the contractor’s failure to...more

Weekly Update Newsletter - September 2018 #2

SMALL BUSINESS ADMINISTRATION - House Small Business Committee Calls for a Status Update on FAR Revision of Limitations on Subcontracting. Last week, House Small Business Committee Chairman Steve Chabot and Ranking...more

How a CTA Can Help You Qualify for Government Contracts

You may have heard of Contractor Team Arrangements (“CTA”) that can be used to pursue General Services Administration (“GSA”) Schedule contract opportunities, but do you know how a CTA can maximize your ability to qualify for...more

Court of Federal Claims Issues Wide-Reaching Decision on Trade Agreements Act

On July 16, 2018, the U.S. Court of Federal Claims (“Court”) issued a decision in the bid protest of Acetris Health, LLC v. United States, Case No. 18-433C, that will likely have far-reaching implications on other...more

Acetris Health Case Demonstrates the Value of Strategy in Pre-Award Bid Protests

We recently wrote about the decision in Acetris Health, LLC v. United States, Case No. 18-433C (July 16, 2018), in which the U.S. Court of Federal Claims (“Court”) issued a decision about a challenge to the terms of a...more

Doing Double-Duty: Your Claim Can Serve as Your Complaint in a Claim Appeal

The Civilian Board of Contract Appeals (“Board”) recently held that a contractor’s claim could serve as its complaint when appealing the denial of that contractor’s claim. In K.O.O. Construction, Inc. v. Department of...more

HUBZone Maps Will Be Frozen Until December 2021

The Small Business Administration (“SBA”) has made changes to the HUBZone maps to implement the new changes from the National Defense Authorization Act for Fiscal Year 2018 (“NDAA”). In December, we wrote about the changes to...more

3/29/2018  /  Federal Contractors , HUBZone , NDAA , SBA

Pre-Award Notifications in a Set-Aside Procurement: Can I Get a Debriefing Now?

If you pursue contracts that are set aside for small businesses, you have probably noticed that if your proposal is not successful, you will get what is called a “pre-award” notification from the agency informing you of the...more

2018 NDAA Makes Big Changes to HUBZone Program

The 2018 National Defense Authorization Act (“NDAA”), signed last week, made some significant changes to the Small Business Administration’s (“SBA”) Historically Underutilized Business Zone (“HUBZone”) Program. Most of the...more

12/20/2017  /  Federal Contractors , HUBZone , NDAA , SBA

GAO Sustain Rate Is Down from 2016, But Still Higher Than Some Recent Years

This week, the U.S. Government Accountability Office (“GAO”) published its annual report to Congress, detailing statistics on the bid protests filed during the 2017 fiscal year. The number of cases filed with GAO (including...more

Do Not Underestimate the Importance of Small Business Subcontracting Plans

Companies that pursue contracts with the Federal Government should not underestimate the importance of small business subcontracting plans. If you do business with the Government and are not a small business, you are likely...more

SBA Launches New HUBZone Map

The Small Business Administration (“SBA”) recently launched a new version of the Historically Underutilized Business Zone (“HUBZone”) map on the SBA website. The new HUBZone map designates areas as eligible HUBZone locations...more

House Bill Would Reduce Use of LPTA in All Agencies’ Procurement

A recent bill before the U.S. House of Representatives seeks to limit the use of the lowest price technically available (“LPTA”) source selection process in procurements. H.R. 3019, which was introduced on June 22, 2017,...more

Court of Federal Claims Holds that VA Rule of Two Trumps AbilityOne Program

A recent decision from the U.S. Court of Federal Claims (“Court”) confirms the U.S. Department of Veterans Affairs’ (“VA”) mandate to perform a Rule of Two analysis on all procurements, including before utilizing the...more

House Bill Would Limit Credit for Small Businesses Falling into Multiple Socioeconomic Categories

A recent bill introduced in the U.S. House of Representatives seeks to amend the Small Business Act to limit the way agencies take credit for contracting with small businesses that fall into several socioeconomic categories....more

Congress Makes Confusing Changes to the VA's Verification Program

The 2017 National Defense Authorization Act (“NDAA”), Pub. L. No. 114-328, which was signed into law on December 23, 2016, contains several notable changes to the current structure of the U.S. Department of Veterans Affairs’...more

Identity of Interest Affiliation: Everything You Need to Know

If your company pursues small business set-aside contracts, either as a prime contractor or as a subcontractor, you have to prepare for the possibility of a post-award size protest alleging affiliation. Once the protest is...more

Keep an Eye Out for Identity of Interest Affiliation

Anyone who does business with a small business government contractor will always want to be aware of any potential bases for affiliation that might arise. However, the so-called “identity of interest” affiliation, as...more

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