LABOR & EMPLOYMENT -
2021 Labor and Employment Spotlight: A List of Key Legal Updates for Employers -
Undeniably, 2020 was a year like no other. Faced with a global pandemic and a tumultuous election, employers were...more
On December 23, 2020, the Department of Veterans Affairs (VA) issued a class deviation to implement the Small Business Administration’s (SBA) formulation of the limitations on subcontracting (LOS) and nonmanufacturer rule...more
BUSINESS & TRANSACTIONS -
Purchase Agreement Components, Part 2: Indemnification Provisions -
In an acquisition, particularly an equity acquisition, a buyer must perform extensive due diligence on the target company 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
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 30, 2020, the U.S. Court of Federal Claims (COFC) issued a decision that supported the Small Business Administration’s position regarding the Rule of Two analysis requirements for government acquisitions. The...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
BUSINESS & CORPORATE -
BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: Post-Transaction Pitfalls—Part 3 of a 3-Part Series -
M&A transactions involving government contractors...more
As we recently highlighted, on October 16, 2020, the U.S. Small Business Administration (SBA) enacted a final rule (Rule) that merges the 8(a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé...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
State-by-State Business Reopening Guidance -
To help track reopening differences across each state and provide the latest guidance and information to employers, the U.S. Chamber of Commerce has launched an interactive map...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
Dear Ms. Fernandez -
We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule on amendments to its regulations to merge the 8(a) Business Development Program...more
Dear Ms. Fernandez -
We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule on amendments to its regulations to merge the 8(a) Business Development Program...more
2/3/2020
/ 8(a) Program ,
Business Development ,
Comment Period ,
Federal Contractors ,
Joint Venture ,
Mentor-Protege Program ,
Multiple Award Contracts ,
NAICS ,
Proposed Rules ,
Public Procurement Policies ,
SBA ,
Small Business
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
CLIENT ALERT: SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know -
On November 29, 2019, the U.S. Small Business Administration (SBA) issued a final rule that will...more
12/12/2019
/ Business Development ,
Department of Labor (DOL) ,
Federal Contractors ,
Mentor-Protege Program ,
NDAA ,
OFCCP ,
OIG ,
Proposed Rules ,
SBA ,
SDVOSB ,
Small Business ,
Small Business Runway Extension Act
Client Alert: SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know -
On November 29, 2019, the U.S. Small Business Administration (SBA) issued a final rule that will...more
12/4/2019
/ Bid Protests ,
COFC ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
DFARS ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
GAO ,
Healthcare ,
HUBZone ,
NDAA ,
OFCCP ,
OMB ,
Price-Fixing ,
SBA ,
Small Business
On November 12-13, 2019, the U.S. Small Business Administration (SBA) hosted its 5th Annual Mentor Protégé Conference where SBA’s John Klein, Associate General Counsel for Procurement Law, answered questions from the audience...more
Client Alert: This Just In! SBA’s Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon -
On November 12-13, 2019, the U.S. Small Business Administration (SBA) hosted its 5th Annual Mentor...more
11/15/2019
/ Collusion ,
Contract Disputes Act ,
Cybersecurity ,
Defense Sector ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
DOJ Strike Force ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Federal Procurement Systems ,
GAO ,
HUBZone ,
Mentor-Protege Program ,
National Security ,
OIG ,
SBA ,
Small Business
SMALL BUSINESS PROGRAMS & ADVISORY SERVICES -
CLIENT ALERT: SBA to Increase Size Standards with Inflationary Adjustment, July 17, 2019 -
On July 18, 2019, SBA issued an interim final rule increasing the receipts-based...more
7/24/2019
/ Acquisitions ,
CPARS ,
Cybersecurity ,
Data Collection ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DFARS ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Mergers ,
Pay Data ,
SBA ,
Trump Administration
On July 18, 2019, the Professional Services Council hosted an important event covering Contractor Performance Assessment Reporting System (“CPARS”) trends, their impact on contractor past performance ratings, and the...more