The Small Business Administration’s (SBA) Mentor-Protégé Program allows a large company to joint venture with a smaller firm without the two entities being treated as one for size purposes – so long as a joint venture...more
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
In a recent decision, the Office of Hearings and Appeals (OHA) affirmed a Small Business Administration (SBA) Area Office’s size determination and held that procedural deficiencies in a contractor’s Joint Venture Agreement...more
6/27/2024
/ Addendums ,
Appeals ,
Federal Contractors ,
Federal Procurement Systems ,
Joint Venture ,
Mentor-Protege Program ,
NAICS ,
Office of Hearings and Appeals (OHA) ,
Operating Agreements ,
Regulatory Requirements ,
Required Documentation ,
SBA ,
Small Business
The Small Business Innovation Research (SBIR) program has an interesting construction. With seemingly no competition to bring size protests and the successful completion of a previous grant before a second grant, the unusual...more
1/13/2023
/ Appeals ,
Clawbacks ,
Due Diligence ,
Federal Contractors ,
Funding ,
Joint Venture ,
Reauthorization ,
SBA ,
SBIRs ,
Small Business ,
Subcontractors
Last month, the U.S. Court of Appeals for the Federal Circuit’s (Federal Circuit) opinion in The Boeing Co. v. Secretary of the Air Force shed additional light on the technical data rights of contractors under defense...more
A recent decision in Sotera Defense Solutions, Inc. v. Department of Agriculture, CBCA 6029, 6030, by the United States Civilian Board of Contract Appeals (CBCA), upheld a contract provision that imposed greater obligations...more
9/23/2019
/ Appeals ,
CBCA ,
Contract Claims ,
Contract Disputes ,
Contract Terms ,
Department of Labor (DOL) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Liability ,
Service Contract Act ,
Wage and Hour
On November 5, 2018, the Federal Circuit held in a precedential decision that bonding requirements in FAR 52.228-15, “Performance and Payment Bonds—Construction,” were read into all construction contracts by operation of law...more
Veteran-owned small businesses have long faced inconsistencies between the regulations of the Small Business Administration (SBA) and those of the Department of Veterans Affairs (VA). For example, these inconsistencies can...more
1/23/2018
/ Appeals ,
COFC ,
Department of Veterans Affairs ,
NDAA ,
Ownership Rules ,
Proposed Rules ,
Public Comment ,
SBA ,
SDVOSB ,
Small Business ,
Veterans
On March 31, 2017, the United States Civilian Board of Contract Appeals (CBCA) dismissed a contractor’s claims against the Department of Veterans Affairs (VA) for a lack of jurisdiction, stating that the contractor should...more
4/10/2017
/ Appeals ,
CBCA ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
Federal Contractors ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
Jurisdiction ,
Performance Standards ,
Service Contract Act ,
Service Contract Labor Standards (SCLS) ,
Terms and Conditions ,
Wage and Hour