SMALL BUSINESS ADMINISTRATION -
Small Business HUBZone Program and Government Contracting Programs and Consolidation of Mentor-Protégé Programs -
The U.S. Small Business Administration (SBA) announces that it is holding...more
6/11/2018
/ CBO Report ,
Clawbacks ,
Department of Defense (DOD) ,
DFARS ,
False Claims Act (FCA) ,
Federal Contractors ,
HUBZone ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
McDonalds ,
Mentor-Protege Program ,
NDAA ,
Race Discrimination ,
SBA ,
SCOTUS ,
Sexual Harassment ,
Small Business
On May 31, 2018, GAO sustained a protest filed by Oracle America, Inc. (“Oracle”) challenging the Army’s entry into a follow-on production other transaction agreement (“OTA”) with REAN Cloud LLC (“REAN”). Oracle alleged that...more
GOVERNMENT CONTRACTING -
Contractors Oppose Proposed Limit on Federal Bid Protests -
According to an article in govexec.com, the Senate Armed Services Committee on May 22, 2018 began its markup of the fiscal 2019...more
5/30/2018
/ Bid Protests ,
Competitive Bidding ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Contractors ,
Intellectual Property Protection ,
Mandatory Arbitration Clauses ,
Murphy Oil v NLRB ,
NLRA ,
SBA ,
SCOTUS ,
Small Business ,
Veterans
Whether a federal contractor can be cleared depends on its people. Specifically, whether a company can obtain a facility clearance (“FCL”) depends on the personnel clearances (“PCL”) of the company’s Key Management Personnel...more
If you followed the National Defense Authorization Act for Fiscal Year 2018 (“FY 2018 NDAA”) or the recent cloud computing award to REAN Cloud, you likely heard the term “other transaction authority,” but may have wondered...more
The topics in the Legal Advisor focus primarily on corporate and business matters, federal contracting, employment law, intellectual property and electronic commerce. We encourage our readers to communicate their views to us...more
GOVERNMENT CONTRACTS -
Pentagon Task Force’s $675 Million in Contracts to Rebuild Afghanistan Found Wasteful -
According to an article from Government Executive, the Defense Department’s now-defunct business task force...more
1/15/2018
/ Afghanistan ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Budget ,
Federal Contractors ,
Internships ,
Self-Certification ,
Sexual Harassment ,
Unpaid Interns
With a new year upon us, it is an optimal time for contractors to review their size/status certifications on SAM.gov.
A contractor’s representations in the SAM database qualify as certifications upon which federal agencies...more
Over a year ago, SBA released its final rule implementing changes in how limitations on subcontracting are calculated for set-aside prime contracts. Not a day goes by that we do not field questions from clients as to what...more
Financial growth and success are important goals for every small business contractor. However, one potential pitfall of that success and continuous growth is eventually exceeding of the size standards attached to your...more
8/18/2017
/ 8(a) Program ,
Design-Build ,
EDWOSB ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
HUBZone ,
NAICS ,
Recertification ,
Small Business ,
Subcontractors ,
WOSB
On August 15, 2017, the U.S. Small Business Administration (“SBA”) released a request for information (“RFI”) seeking input from the public as to which SBA regulations should be repealed, replaced, or modified because they...more
In the small business government contracting world, one of biggest advantages to winning a GWAC, like Alliant, CIO-SP3, OASIS or SEWP, is that you will be considered a small business for the contract and any orders awarded to...more
In a recently published GAO decision, GAO sustained a SDVOSB’s protest of its exclusion from the competitive range by NIH under the CIO-SP3 SB GWAC procurement.
The CIO-SP3 SB RFP required an evaluation of proposals in...more
GAO recently released its annual report to Congress, which included data concerning its protest ?lings for Fiscal Year 2016. Based on the data, 2016 was an historic year. GAO not only decided more cases on the merits in...more
GOVERNMENT CONTRACTING –
2016 GAO Bid Protest Annual Report: Sustain Rate Hits Nine Year High, Up More Than 10% from 2015 –
GAO recently released its annual report to Congress, which included data concerning its...more
On December 23, 2016, the U.S. Small Business Administration (“SBA”) issued a technical correction to its July 25, 2016 final rule regarding the new mentor-protégé program for all small business concerns to address an...more
Contractors are subject to a number of contract provisions, statutes, and regulations concerning ethics and conflicts of interest. A significant area of concern involves potential or actual organizational conflicts of...more
As of November 1st, SBA’s certify.sba.gov portal is operational and accepting applications for the new Small Business Mentor-Protégé program. By now, you’ve heard of the program and are considering its potential value for...more
On November 15, 2016, the DOD, GSA, and NASA issued a proposed rule to amend the FAR to clarify guidance for justifications of sole source 8(a) contract awards exceeding $22 million. This proposed rule responds to...more
On October 24, on the eve of its implementation, the U.S. District Court for the Eastern District of Texas issued a nationwide order halting the implementation of the bulk of Executive Order 13673, Fair Pay Safe Workplaces,...more
When the SBA issued its final rule concerning its new Small Business Mentor Protégé Programs, it adopted a major change for 8(a) and small business joint ventures: no more populated joint ventures. Instead, the rule provides...more
We recently held a live seminar and a webinar on the new Limitations on Subcontracting (“LOS”) rule. We reviewed the questions submitted during the sessions, and noticed that many of the same questions were being asked by...more
Contractors seeking to challenge the award of task orders, which the procuring agency referred to as “options” or “extensions,” received a big win from the Federal Circuit in Coast Professional, Inc. et al. v. United States,...more
I recently participated in a webinar regarding Service Contract Act (“SCA”) compliance and during the webinar, a number of participants noted instances where a request for proposal (“RFP”) or solicitation did not include the...more
Agenda -
- Overview of the Service Contract Act
- Labor Mapping & Conformances
- DOL Audit Risk & Exposure
- Common SCA Pitfalls / Issues
- Competitive Landscape
- Other...more