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SBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”

On February 19, the Office of Hearings and Appeals (OHA) denied an appeal from an unsuccessful bidder who argued the awardee was large due to an acquisition that occurred while the award was pending. OHA found that Small...more

Part II: SBA Final Rule Updates Negative Control Requirements and 8(a) Ownership Rule

On December 17, the Small Business Administration (SBA) published its final rule detailing new recertification requirements following mergers and acquisitions (M&A), new language around negative control for affiliation...more

New SBA Rule Overhauls Small Business M&A Landscape

On December 17, the Small Business Administration (SBA) published its final rule in response to its August 2024 proposed rule and the ensuing comments from the industry. The rule will have a substantial impact on the...more

SBA Seeks to Make Changes to Recertification Requirements for Multiple-Award Contracts

On August 23, the U.S. Small Business Administration (SBA) issued a proposed rule that would make significant changes to SBA’s recertification requirements. Most notably, the rule would change when size and socioeconomic...more

New Rule Seeks to Streamline DoD Commercial Product and Service Procurements

On November 17, the Department of Defense (DoD) issued a final rule, implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition...more

GAO Assesses Health of the Defense Industrial Base

The health of the Defense Industrial Base (DIB) has been brought to the fore as the United States responds to wars in Ukraine and Israel. Unfortunately, according to the National Defense Industrial Association’s “Vital Signs”...more

Task Orders May Carry Implicit Size Recertification Requirements

Generally, when a business is awarded a multi-year IDIQ contract, it retains its “small” business designation unless a contracting officer (CO) requires the business to recertify its size status, and has since grown larger...more

New Legislation Strengthens Disclosure Requirements for Potential Organizational Conflicts of Interest

On December 27, President Biden signed the Preventing Organizational Conflicts of Interest in Federal Acquisition Act into law. The legislation, ushered through Congress by a bipartisan group of backers, strengthens existing...more

COFC: “Rule of Two” Must Be Analyzed Before “Any” Acquisition

The Court of Federal Claims (COFC) recently affirmed that agencies are required to apply the “Rule of Two” to all federal acquisitions in its decision of Tolliver Grp., Inc. v. United States. Further, agencies must give a...more

How Do Mergers & Acquisitions Impact Pending Bids?

Given the continued high volume of mergers and acquisitions (M&A) transactions in the federal marketplace, buyers and sellers need to be aware of the developing body of case law at Government Accountability Office (GAO) and...more

CFIUS Pilot Program Creates New Obligations and Challenges

• Mandatory declarations of certain transactions now required • Certain changes to pre-existing regulations also announced and effective immediately • Mandatory declaration requirement may not ease burden on parties...more

You “CAN” Avoid Affiliation in Negotiating an Acquisition

Conditioned Agreements to Negotiate (CAN) - When acquiring or selling small businesses, government contractors need to be cognizant of the Small Business Administration’s (SBA) “present effect rule.” Under this rule, SBA...more

Section 809 Panel Releases First Volume of Recommendations for the Overhaul of DoD’s Acquisition Process

In 2016, Congress instructed the Department of Defense (DoD) to review its procurement regulations by convening a panel of procurement professionals—from both the public and private sectors. This panel became known as the...more

CFIUS Continues Focus on Information Security, Blocks Chinese Acquisition of MoneyGram

- MoneyGram and Ant Financial mutually terminate $1.2 billion proposed merger - CFIUS’s concerns focused on cyber and information security - Scrutiny of buyers’ information security processes is likely to increase On...more

CFIUS, POTUS Block Chinese Acquisition of U.S. Semi-conductor Maker

More Acquisitions May Be Blocked in the Future - Last month, asserting national security concerns, President Trump blocked a $1.3 billion acquisition of Oregon-based Lattice Semiconductor by a subsidiary of the Canyon...more

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