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Proposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting Community

On January 29, the Biden administration announced several policy initiatives aimed at addressing pay transparency and equity, including a proposed rule issued by the Department of Defense (DOD), General Services...more

Department of Defense Publishes Long-Awaited CMMC Proposed Rule

On December 26, the Department of Defense (DoD) published its long-awaited Cybersecurity Maturity Model Certification (CMMC) Program proposed rule, which places comprehensive cybersecurity and information security...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

New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint Ventures

On October 5, the Information Security Oversight Office (ISOO) issued a joint notice (Joint Notice) with the Small Business Association (SBA) and in coordination with the Department of Defense (DOD) clarifying that the...more

GAO’s 2023 Bid Protest Report: More Than Meets the Eye

On October 26, the Government Accountability Office (GAO) sent its annual bid protest report to Congress, which reflected a dramatic increase in protests filed following four straight years of decline. The report provides...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

The Corporate Transparency Act: A Primer for “Small” Businesses

The Corporate Transparency Act (CTA), which aims to curb illicit financial activities like money laundering and other fraudulent activities, will go into effect on January 1, 2024. Consequentially, many types of businesses,...more

Biden Administration Directs Federal Agencies to Consider Social Cost of Greenhouse Gases in Procurement

On September 21, the Biden administration approved recommendations from the Interagency Working Group on the Social Cost of Greenhouse Gases (IWG), directing federal agencies to consider the Social Cost of Greenhouse Gases...more

UPDATE: 8(a) Reopens its Certify Site Welcoming New Applicants

On September 29, the Small Business Administration (SBA) reopened its Certify portal to new applicants seeking admittance into the SBA 8(a) program....more

UPDATE: Next Step in SBA’s Implementation of Ultima Ruling to 8(a) Program

The July 19 Ultima ruling threw the 8(a) program into tumult after the U.S. District Court for the Eastern District of Tennessee found the program’s rebuttable presumption mechanism, used to find social disadvantage, in...more

Buy America Update: BAA Requirements Make Compliance Complex, Yet Necessary

Whether through the vaccine mandate, minimum wage increase, emissions disclosure rules, or now with Buy America (BA) rules, the Biden administration has long used the government contracting community to advance its domestic...more

SBA Issues Interim Guidance on 8(a) Program Following Ultima Ruling

On July 19, the U.S. District Court for the Eastern District of Tennessee ruled in favor of Ultima Services Corporation, prompting the pause of new 8(a) applications and necessitating a reorganization of the program’s...more

Bid Protest Win for AM General on Multi-Billion Dollar Contract

We represented AM General (AMG), an automotive manufacturer that builds military vehicles for government customers, including the Humvee, in a successful bid protest involving a $9.7 billion contract for the U.S. Army to...more

SBA Tidies Up 8(a) Rules in Welcomed Final Rule

Effective May 30, 2023, a Small Business Administration (SBA) final rule made some notable changes to SBA’s 8(a) Business Development (BD) program, a valuable resource for those firms owned by socially and economically...more

Final Rule Makes Host of Changes to SBA Regulations

On April 27, the Small Business Administration (SBA) issued a final rule which, effective May 30, will make a number of changes to the SBA regulations impacting small businesses. The regulations, finalizing the proposed rule...more

Department of Defense to Require Contractors Proactively Provide DCMA with Export Authorizations

On March 22, the Department of Defense (DOD) issued a proposed rule that would amend the Defense Federal Acquisition Regulations (DFARS) to require certain contractors to provide the Defense Contract Management Agency (DCMA)...more

First CHIPS Opportunity Lays Out Requirements and Application Process 

On August 9, 2022, the CHIPS and Science Act was signed into law allocating $52.7 billion in funding to the semiconductor industry. The legislation represents a historic investment in a critical industry and is designed to...more

SBA Proposed Rule Permits Prime Contractors to Receive Subcontracting Credit from Any Tier

On December 19, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule that would amend the SBA regulations to implement Section 870 of the National Defense Authorization Act (NDAA) of 2020. Section 870...more

Joint Venture Past Performance Can Be Gleaned from Previous Prime-Sub Relationships

Over the last few years, the government has shifted away from lowest price technically acceptable valuations placing a larger importance on past performance. The past performance requirement can sometimes create obstacles for...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

Attention SBIR Applicants…Remember that Affiliation Rules Still Apply

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

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

Inflation Relief on Its Way for Government Contractors?

Unprecedented inflation levels have caused substantial hardship on government contractors during the last year – especially those with firm fixed-price contracts. Fortunately, meaningful help may be on its way. The Senate...more

U.S. Government Brings Its Buying Power to the Fight Against Climate Change

As President Biden prepared to jet off to the United Nations COP27 Climate Summit in Egypt, his administration announced a proposed rule that would dramatically enhance government contractors’ compliance obligations related...more

Proposed Rule for DBE Program Comes as Infrastructure Money Begins to Flow

The Infrastructure Investment and Jobs Act (IIJA) is a historic investment in our nation’s roads, bridges, railways, airports and transportation systems. The bill appropriates $550 billion to physical infrastructure projects,...more

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