In February 2023, the Department of Energy (DOE) agreed to take corrective action following three bid protests filed at the Government Accountability Office (GAO). Thereafter, two of the original protestors, Kupono...more
The Government Accountability Office (GAO) recently sustained a protest in Life Science Logistics, LLC, B-421018.2, .3 (April 19, 2023), finding that an agency’s discussions were not meaningful where they did not disclose...more
GOVERNMENT CONTRACTS -
SBA’s Proposed Rule Alters the Landscape for Size and Status Protests -
On September 9, 2022, the Small Business Administration issued a proposed rule (the Rule) making substantial changes to the...more
9/29/2022
/ Cybersecurity Information Sharing Act (CISA) ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
EEO-1 ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
HUBZone ,
National Security Agency (NSA) ,
OFCCP ,
SBA ,
SDVOSB ,
Small Business ,
Subcontractors ,
WOSB
GOVERNMENT CONTRACTS -
New SBA Rule Enhances Past Performance Opportunities for Small Businesses -
On August 22, 2022, the Small Business Administration will implement a final rule that provides two new methods by which...more
On August 22, 2022, the U.S. Small Business Administration (SBA) will implement a final rule that provides two new methods by which small businesses can obtain past performance credit when competing for federal prime...more
GOVERNMENT CONTRACTS -
House Passes Bill Increasing Importance of Subcontracting Plan Performance as an Evaluation Factor -
On June 8, 2022, the U.S. House of Representatives passed a bill, referred to as H.R. 7694,...more
On June 8, 2022, the U.S. House of Representatives passed a bill, referred to as H.R. 7694, “Strengthening Subcontracting for Small Businesses Act of 2022” (the Bill). The Bill seeks to amend the Small Business Act by...more
Small Business Set Asides Now Allowed Outside the U.S.: What You Need to Know -
Effective May 26, 2022, the Federal Acquisition Regulation (FAR) gives contracting officers the discretion to apply the Small Business...more
Effective May 26, 2022, the Federal Acquisition Regulation (FAR) gives contracting officers the discretion to apply the Small Business Act (Act)—implemented by FAR Part 19—outside the United States and its outlying areas. ...more
LITIGATION & DISPUTE RESOLUTION -
Watch Your Step: Avoiding False Claims Act Violations from Limitations in Subcontracting and Performance of Work Requirements -
Members of the government contracting community are...more
9/24/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Employer Liability Issues ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Fraud ,
General Services Administration (GSA) ,
Human Resources Professionals ,
SBA ,
Small Business
As we previously wrote, the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule was recently revised to more closely mirror the U.S. Small Business Administration’s (SBA) LOS regulation. However,...more
In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility...more
The Federal Acquisition Regulatory Council (FAR Council) recently issued a final rule on August 11, 2021, updating the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule to more closely mirror the...more
You have undoubtedly heard the stories, a contractor with a flawless record going back years gets one bad past performance record, maybe due to themselves or a subcontractor, and now they are blackballed. While many in the...more
GOVERNMENT CONTRACTS -
DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know -
As we previously reported, Section 818 of the National Defense Authorization Act for Fiscal Year 2018...more
A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate...more
GOVERNMENT CONTRACTS -
Key Provisions in the 2021 NDAA for Government Contractors -
‘Tis the season for holiday cheer and the National Defense Authorization Act (NDAA). The NDAA, commonly referred to as “must pass”...more
On November 17, 2020, the Government Accountability Office (GAO) dismissed the post-award task order protest of U.S. Information Technologies Corporation (USIT) for lack of jurisdiction. Task order protests related to...more
A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate...more
A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate...more
As we recently wrote, the FAR Council published a final rule (Rule) on February 27, 2020 that amends the Federal Acquisition Regulation (FAR) to capture regulatory changes made by the Small Business Administration (SBA) in...more
CLIENT ALERT: FAR Council Changes Rules Regarding Small Business Rerepresentation / Recertification and Multiple Award Contracts -
On February 27, 2020, the FAR Council published a final rule that amends the Federal...more
3/6/2020
/ Bureau of Indian Affairs ,
Buy American and Hire American ,
Court of Federal Claims ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
Employer Liability Issues ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Funding ,
General Services Administration (GSA) ,
Indian Reorganization Act ,
Joint Employers ,
Multiple Award Contracts ,
NLRA ,
NLRB ,
OFCCP ,
SBA ,
Small Business ,
USAID ,
Women-Owned Businesses
On February 27, 2020, the FAR Council published a final rule (Rule) that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. See 78 Fed....more
On Nov. 29, the Small Business Administration issued a final rule that will implement several provisions of the National Defense Authorization Acts of 2016 and 2017 and of the “RISE Act” of 2015, as well as other clarifying...more
12/20/2019
/ Contracting Procedures ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Multiple Award Contracts ,
NDAA ,
Non-Manufacturer Rule (NMR) ,
SBA ,
Set-Aside Contracts ,
Small Business ,
Subcontractors
A government contractor’s past performance can spell the difference between proposal rejection and contract award, and agencies are given broad discretion in how they evaluate past performance. It is critical that companies...more