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
The U.S. Court of Appeals for the Federal Circuit narrowly interprets the Federal Acquisition Streamlining Act’s bar on task order protests at the U.S. Court of Federal Claims, expanding the court’s bid protest...more
The Small Business Administration has issued a direct final rule requiring that Service-Disabled Veteran-Owned Small Businesses be certified by its VetCert program in order for agencies and prime contractors to receive credit...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
If implemented, the proposed rule will have wide-reaching implications for how federal contractors and subcontractors conduct hiring.
The proposed rule prohibits contractors and subcontractors from seeking applicants’...more
To avoid displacement of current service employees, the final rule will require contractors and their subcontractors to offer qualified employees a right of first refusal of employment under successor contracts.
President...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
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 (SBA) has proposed consolidating and making significant changes to the Veteran-Owned Small Business (VOSB) and the Service-Disabled Veteran-Owned Small Business (SDVOSB) programs, including...more
To avoid displacement of current service employees, the proposed rule will require contractors and their subcontractors to offer qualified employees a right of first refusal of employment under the successor contract....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
The U.S. Court of Federal Claims issues another decision highlighting a growing divergence in case law between the Court and the Government Accountability Office.
COFC rejects GAO precedent for determining whether...more
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
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
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
The federal government, led by the U.S. Department of Labor, is moving forward on implementing the provisions of President Biden’s Executive Order 14026, which was signed in April 2021. Most new federal government contracts...more