In FI Consulting, Inc., B-423274 (April 11, 2025), FI Consulting, Inc. (FIC) protested its elimination from a procurement for U.S. Department of Agriculture (USDA) program support services after the agency rejected its...more
The Mission Essential Group, LLC (MEG) protested the scope of corrective action by U.S. Special Operations Command (SOCOM) following a previous protest involving a linguist support services procurement. In The Mission...more
In Analysis, Studies, and Training International, LLC, et al. v. United States, U.S. Court of Federal Claims, Nos. 24-1720 & 25-76 (Consolidated) (April 14, 2025), two offerors were excluded from an Air Force procurement for...more
In a high-stakes procurement for medical services at the southern U.S. border, incumbent contractor Loyal Source challenged the handling by the U.S. Department of Homeland Security (DHS) of alleged Procurement Integrity Act...more
The Trump administration may be utilizing early exit provisions in the GSA lease cancellations and terminations reported to date, but prudent contractors should prepare for other potential tactics to end other leases the...more
The number of protests filed at the Government Accountability Office (GAO) decreased in FY 2024 by 11 percent, after increasing 22 percent in FY 2023.
The GAO’s sustain rate of 16 percent in FY 2024 fell from 31 percent...more
This landmark decision, if upheld on appeal, has the potential to drastically reduce the number of False Claims Act actions brought against government contractors.
A U.S. District Court in Florida held that the qui tam...more
10/15/2024
/ Anti-Fraud Provisions ,
Appeals ,
Appointments Clause ,
Article II ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Florida ,
Motion to Dismiss ,
Qui Tam ,
SCOTUS ,
Unconstitutional Condition ,
United States ex rel Polansky v Executive Health Resources Inc
With the recent Supreme Court decision ending affirmative action in college admissions, similar statutory presumptions of disadvantage, such as DOT’s DBE program, are susceptible to similar challenge.
The Court issued a...more
If the proposed rule is adopted, contractors will no longer qualify for set aside orders and agreements under multiple award IDIQ contracts after a disqualifying recertification.
The proposed rule makes many changes to SBA...more
The Georgia Tech case serves as yet another reminder of the importance of contractor compliance with cybersecurity requirements in federal contracts.
The Government alleges that Georgia Tech failed to comply with the...more
The U.S. District Court for the Northern District of Texas granted a preliminary injunction against sections of the U.S. Department of Labor’s recently issued Davis-Bacon Act regulation amendments. The Court enjoined the...more
In response to the 2024 National Defense Authorization Act (NDAA), the Department of Defense (DoD) issued a class deviation postponing the proposed requirement to disclose greenhouse gas emissions.
On November 14, 2022, the...more
Impacted by an acquisition where an unusually high number of protests were filed and sustained, the GAO’s sustain and effectiveness rates increased to 31 and 57 percent, respectively.
The number of filed Government...more
The changes come in response to a court injunction declaring rebuttable presumption for social disadvantage unconstitutional.
All pending SBA 8(a) program applications are currently suspended due to an injunction issued by...more
8/31/2023
/ 8(a) Program ,
Affirmative Action ,
Fifth Amendment ,
Injunctions ,
Interim Guidance ,
Minority-Owned Businesses ,
Racial Bias ,
Rebuttable Presumptions ,
SBA ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The Government Accountability Office (GAO) has created a potential trap regarding the beginning of the 10-day protest timeliness period when an offeror receives information from the contracting office outside of the...more
The Department of Defense (DoD) recently issued a new Small Business Strategy to reverse the significant decline in the number of small businesses participating in government contracts by launching new initiatives that will...more
In the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022, Congress reauthorized these programs for another three years and added new requirements to reduce foreign...more
1/6/2023
/ China ,
Conflicts of Interest ,
Due Diligence ,
Foreign Entities ,
Iran ,
National Security ,
North Korea ,
Reporting Requirements ,
Russia ,
SBA ,
SBIRs ,
STTR ,
Venture Capital
The Federal Acquisition Regulatory Council has issued a far-reaching proposed rule that requires significant greenhouse gas reporting and emission reduction obligations for federal contractors.
Most federal contractors,...more
The Federal Acquisition Regulatory Council recently issued a far-reaching proposed rule that includes significant compliance obligations for contractors related to their greenhouse gas emissions.
Most federal contractors,...more
The Small Business Administration (SBA) is consolidating and making significant changes to the Veteran-Owned Small Business and the Service-Disabled Veteran-Owned Small Business programs, including the elimination of...more
The Small Business Administration’s interim final rule will allow many businesses to regain small business status or remain a small business for longer.
The SBA adjusted all its receipts-based size standards for inflation,...more
The effectiveness rate increased to 51 percent.
The number of filed Government Accountability Office (GAO) protests dropped another 12 percent, after dropping 12 percent in 2021....more
The Small Business Administration’s proposed rule would adopt the latest NAICS revision issued by the Office of Management and Budget, creating 111 new industries by reclassifying, combining or splitting 156 existing...more
The Small Business Administration’s final rule requires a 24-month average to calculate a business concern’s number of employees for eligibility purposes in all of its programs.
The 24-month calculation applies to all...more
The proposed rule would increase the employee-based small business size standards for these industries, allowing many businesses to remain a small business for longer or regain their small business status.
The proposed...more