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SBA Increases Size Standards for 229 Industries

The final rules increase the receipts-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 final rules increase...more

DoD Enhanced Debriefing Final Rule Provides Greater Transparency

The final rule provides for additional debriefing rights and clarifies the GAO bid protest stay timeliness rules. DoD debriefings now must include a redacted version of the source selection decision document for all awards...more

COFC Splits with GAO on Key Personnel Availability Notifications

A Court of Federal Claims decision holds that offerors do not have a duty to inform agency of changes to key personnel availability after submission of proposal. - The decision departs from well-settled GAO precedent. -...more

GAO Publishes Fiscal Year 2021 Bid Protest Statistics

On November 16, 2021, the Government Accountability Office (GAO) published its Bid Protest Annual Report to Congress for Fiscal Year 2021. The GAO’s report, which is mandated by the Competition in Contracting Act, lists its...more

SBA Proposes Rule to Amend Employee-Based Size Standards

The Small Business Administration is proposing to use a 24-month average to calculate a business concern’s number of employees for eligibility purposes in all of SBA’s programs. SBA proposes to use a 24-month average...more

11/9/2021  /  NDAA , Proposed Rules , SBA , Small Business

GAO Decision Highlights Consequences of “Diligent Pursuit” Rule

Recent GAO protest decision provides a painful reminder that protests that run afoul of the “diligent pursuit” rule will be dismissed as untimely. GAO’s Bid Protest Regulations contain strict rules for the timely...more

SBA Interim Final Rule Allows Certain 8(a) Program Participants to Extend Participation for One Year

Rule based upon provisions contained in the Consolidated Appropriations Act of 2021 and the National Defense Authorization Act for Fiscal Year 2021 authorizes many participants in the 8(a) Business Development program to...more

GAO Publishes Fiscal Year 2020 Bid Protest Statistics

Effectiveness rate increases to 51 percent, the highest on record. GAO’s effectiveness rate increased to 51 percent from 44 percent in FY 2019 and 2018. GAO’s sustain rate increases to 15 percent from 13 percent in FY...more

12/29/2020  /  Bid Protests , GAO

SBA Proposes to Increase Another 70 Size Standards for Service Industries

The proposed rule would increase the receipts-based small business size standards for 70 service industries in five industrial sectors, allowing many businesses to qualify or re-qualify for small business set-aside...more

SBA Proposes to Increase Size Standards for 46 Service Industries

The proposed rule would increase the receipts-based small business size standards for 46 service industries, allowing many businesses to remain a small business for longer or regain their small business status. Using a...more

SBA Announces that Federal Agencies Increased Prime Contract Awards to Small Business Contractors in FY 2019

Recent developments in small business procurement policy indicate that the government’s increase in the amount of contract awards to small businesses is likely to continue. The government exceeded its 23 percent small...more

COFC Provides Bid Protest Timeliness Guidance

In a recent decision, the U.S. Court of Federal Claims (COFC) addressed the timeliness rules for enhanced debriefing situations. The clock for purposes of obtaining an automatic stay and timeliness may start after the...more

SBA Issues Final Rule Impacting Small Business Regulations

The final rule revises and clarifies numerous provisions in the Small Business Administration’s regulations. SBA revised the limitation on subcontracting rules for set-aside service contracts by excluding direct costs such...more

SBA Proposes Far-Reaching Rule to Revise and Clarify Many of Its Small Business Regulations

The proposed rule seeks to overhaul and update dozens of provisions in the SBA’s small business regulations. SBA proposes to merge the 8(a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé...more

Congressional Blue-Ribbon Committee Recommends Major Changes to Certain Socioeconomic and Small Business Requirements for DoD...

In this fourth and final installment of our Section 809 Panel alerts, we explore the recommended changes to update and eliminate burdensome aspects of certain socioeconomic and small business requirements for Department of...more

GAO Publishes Fiscal Year 2018 Bid Protest Statistics

GAO’s sustain rate and effectiveness rate both dropped to the lowest levels since Fiscal Year 2015. Protest activity at the GAO increased slightly over the previous year....more

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