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SBA Eliminates Self-Certification for SDVOSBs

The U.S. Small Business Administration (SBA) recently issued a direct final rule that eliminates self-certification for service-disabled veteran-owned small businesses (SDVOSBs). The SBA’s final rule — which implements a...more

Déjà Vu for Federal Contractors with Salary History Ban?

On January 30, 2024, the Biden administration proposed a rule (the Salary Rule) that would amend the Federal Acquisition Regulation (FAR) to “prohibit contractors and subcontractors from seeking and considering information...more

Bid Protests in Virginia

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our post on “Bid Protests in New York” and our “Update on Bid Protests in Alabama”). For the next state in this...more

Unpacking GAO's FY 2023 Bid Protest Report

The U.S. Government Accountability Office's recently issued annual bid protest report is noteworthy because it shows that 31% of bid protests were sustained — more than double the rate for prior years— and that protesters...more

So Now There’s a TikTok Ban for Government Contractors

On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule to implement a new statutory requirement that, in short, bans the TikTok app from devices used in...more

GAO Issues Another Noteworthy Protest Decision on Joint Venture Experience

We recently reported on the Government Accountability Office’s (GAO) decision in AttainX. As we explained, the AttainX decision is noteworthy because the GAO held that, notwithstanding the fact that a solicitation does not...more

5/22/2023  /  GAO , Joint Venture , New Regulations , SBA

GAO Issues Noteworthy Protest Decision on Joint Venture Experience

The Government Accountability Office (GAO), in AttainX, recently sustained a bid protest where the protester argued that the agency’s evaluation was inconsistent with the Small Business Administration’s (SBA) regulations...more

COVID-19 May Be Over, but Fight Over the Federal Contractor Vaccine Mandate Is Not

On January 30, 2023, the Biden administration stated that it intends to extend the previously declared COVID-19 national emergency and the separately declared public health emergency until May 11, 2023, and then end both...more

The 6 Most Important Bid Protest Decisions Of 2022

In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note. - ASRC Federal Data Solutions LLC - ESimplicity Inc. v. U.S. -...more

The Ethics of Hiring Former Government Employees

There’s a common quip in Washington that federal employees leaving their jobs to work in the private sector are “going to the Dark Side.” However, what is not so funny for federal contractors and former executive branch...more

Inside The GAO's Annual Bid Protest Report

The U.S. Government Accountability Office issued its annual bid protest report on Nov. 1. This year's report is noteworthy because it shows that protesters received some form of relief from the procuring agency in more...more

Takeaways from GAO’s FY 2022 Bid Protest Report

The Government Accountability Office (GAO) recently issued its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received some form...more

Whatever Happened to that Federal Contractor COVID Vaccine Order?

More than ten months ago, on September 9, 2021, President Biden issued Executive Order 14042, which imposed a COVID-19 vaccine mandate on many federal contractors and subcontractors. As we have previously reported, the order...more

SBA Expands Past Performance Universe for Small Businesses

The U.S. Small Business Administration (SBA) recently issued a final rule that provides two new methods for small business government contractors to obtain past performance ratings to be used in support of offers on prime...more

Federal Circuit Declines to Extend Blue & Gold Waiver Rule in AbilityOne Protest

The U.S. Court of Appeals for the Federal Circuit, in SEKRI, Inc. v. United States, recently added to the growing body of case law that has declined to extend the scope of the Blue & Gold waiver rule...more

Whatever Happened to that Federal Contractor COVID Vaccine Order?

More than seven months ago, on September 9, 2021, President Biden issued Executive Order 14042, which imposed a COVID-19 vaccine mandate on many federal contractors and subcontractors. As we have previously reported, the...more

Federal Circuit Weighs in on Prejudice in Bid Protests

Ringing out 2021, the U.S. Court of Appeals for the Federal Circuit, in Systems Studies & Simulation, Inc. v. United States, recently held that there generally is no presumption that a protester has suffered competitive...more

The 6 Most Important Bid Protest Decisions Of 2021

In 2021, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of note: • InfoPoint LLC • Medline...more

Uncle Sam Wants You! (To Get Vaccinated, If You’re a Federal Contractor): Updated COVID-19 Workplace Safety Guidelines Are Here

As promised, on September 24, 2021, the Safer Federal Workforce Task Force issued Guidance for Federal Contractors and Subcontractors about the implementation of President Biden’s Executive Order 14042, which imposed a...more

What’s Your Vax Status? New Requirements for Federal Employees and Contractors

With Delta variant infections on the rise, the Biden administration recently announced that “every federal government employee and onsite contractor will be asked to attest to their vaccination status,” and that anyone who...more

New Vaccine Requirements for Federal Contractors

The Biden administration recently announced that “every federal government employee and onsite contractor will be asked to attest to their vaccination status,” and that anyone who “does not attest to being fully vaccinated...more

CICA Violated Where Sole-Source Award Duration Was Too Long

The U.S. Court of Federal Claims (COFC), in Sierra Nevada Corporation v. United States, recently held that a contracting agency’s justification of a sole-source contract award ran afoul of the Competition in Contracting Act...more

GAO Clarifies Scope of its Jurisdiction Over OTA Protests

The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency's use of its other transaction agreement (OTA) authority....more

New Exec. Order Increases Federal Contractor Min. Wage to $15 Per Hr.

President Biden recently signed an executive order (EO) that will increase the minimum wage rate to be paid to workers performing work on or in connection with a federal contract from $10.95 per hour to $15.00 per hour...more

GAO Clarifies the Scope of Its Jurisdiction over OTA Protests

The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency’s use of its other transaction agreement (OTA) authority....more

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