News & Analysis as of

Joint Venture Bid Protests

Bass, Berry & Sims PLC

Bid Protest Minute:  GAO Clarifies Certain “De Facto” Joint Venture Eligibility Issues

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On March 22, the Government Accountability Office (GAO) sustained a protest challenging an agency decision finding the protester ineligible for award under both the Omnibus Diplomatic Security and Antiterrorism Act of 1986...more

Jenner & Block

Government Contracts Legal Round-Up | 2024 Issue 1

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Morrison & Foerster LLP - Government...

Definitive Guidance On Facility Security Clearances For Small Business Joint Ventures

The Small Business Administration (SBA) and the Information Security Oversight Office (ISSO) have issued a Joint Notice to clarify how Facility Security Clearances (FCLs) (also called Entity Eligibility Determinations, or...more

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: Follow-On Contracts

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

Miles & Stockbridge P.C.

Recent Court Ruling Already Reflected in GSA’s OASIS+ Solicitations

It is not any exaggeration to say that mentor-protégé joint ventures (MPJVs) have taken over the world of set-aside Government-Wide Acquisition Contracts (GWACs). For example, late last year it was reported that the initial...more

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: Ostensible Subcontractor Rule ‎

On April 27th, the U.S. Small Business Administration (SBA) published a final rule making changes to the regulations governing its 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the SBA...more

Bradley Arant Boult Cummings LLP

GAO Issues Noteworthy Protest Decision on Joint Venture Experience

The Government Accountability Office (GAO), in AttainX, recently sustained a bid protest where the protester argued that the agency’s evaluation was inconsistent with the Small Business Administration’s (SBA) regulations...more

Sheppard Mullin Richter & Hampton LLP

To Each Their Own: Agency Must Consider Experience of Each Partner in a Small Business Set-Aside Joint Venture

In a recent bid protest decision from the U.S. Government Accountability Office (“GAO”), the GAO clarified that, in evaluating the experience of a mentor-protégé joint venture for a small business set-aside procurement, when...more

Maynard Nexsen

Joint Venturers Beware – Underestimating the Importance SAM Registrations Can Sink Your Proposal

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Protests filed at the U.S. Court of Federal Claims (“COFC”) differ in many ways from protests before the U.S. Government Accountability Office (“GAO”). For example, protests before GAO are uniform given that they are...more

Bass, Berry & Sims PLC

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

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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

Morrison & Foerster LLP - Government...

August 2022 Bid Protest Roundup: Affiliate Experience, JV Registration

In this month’s bid protest roundup, we consider: (1) an exception to the normal rule governing reliance on affiliate experience and past performance; and (2) two different bid protests of very similar solicitation terms that...more

PilieroMazza PLLC

NITAAC Makes Major Changes to CIO-SP4 RFP

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The National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) issued yet another round of significant changes to the Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Request...more

Holland & Knight LLP

GAO Clarifies Stance on Joint Ventures and Facility Clearances

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In a bid protest decision released on Aug. 27, 2021, the Government Accountability Office (GAO) has resolved a long-simmering question regarding joint ventures and facility clearances. Specifically, in InfoPoint, LLC,...more

Woods Rogers

GAO Sustains Protest for Agency’s Violation of SBA’s Mentor-Protégé Regulations

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In the recent matter of Innovate Now, LLC, the Government Accountability Office (“GAO”) sustained a protest on the grounds that the Agency’s solicitation required that both parties in a mentor-protégé joint venture (“MP-JV”)...more

McCarter & English Blog: Government Contracts...

Recent GAO Decision Demonstrates The Utility Of Pre-Award Protests

In a time of uncertain federal budgets and an increasingly crowded marketplace, contractors of all sizes are on the lookout for ways to enhance their chances of winning federal business opportunities. Step one in this process...more

PilieroMazza PLLC

GAO Holds Solicitation Requirement Violates SBA’s Regulations Regarding Small Business Mentor-Protégé Joint Ventures

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In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation, as the solicitation impermissibly required that a protégé and mentor in a joint venture have the...more

Shutts & Bowen LLP

Apparently, You Can’t Have “Too Much” Competition: Florida’s First District Court of Appeals Holds “Multiple Award Procurement”...

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Florida’s First District Court of Appeals recently held in State of Fla., Agency for Health Care Administration v. Best Care Assurance, LLC, 302 So. 3d 1012 (Fla. 1st DCA 2020) (“Best Care”), that a contractor who had been...more

Morrison & Foerster LLP - Government...

New Small Business Rules: Capabilities Of Small Business Joint Venture Members And First-Tier Subcontractors

As we recently discussed, the U.S. Small Business Administration (SBA) has published a long-awaited rule that made important changes to numerous small business contracting programs and the rules Federal agencies must follow...more

PilieroMazza PLLC

[Webinar] CMMC Is Coming – Are You Ready? Specific Implications for Native American Contractors - September 15th, 3:00 pm - 4:00...

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The Department of Defense’s (DOD) Cybersecurity Maturity Model Certification (CMMC) requirements are coming, impacting DOD contractors big and small. This important new certification, if responded to proactively, will help...more

McCarter & English Blog: Government Contracts...

Proposed Rule Introduces Critical Changes For SBA Contractors

Although many of us have canceled vacations during this (unusual) year, summer is nevertheless upon us. While we wholeheartedly recommend firing up the grill and enjoying the sunshine in the coming months, companies planning...more

PilieroMazza PLLC

[Webinar] CIO-SP4: A Virtual Town Hall Webinar - April 23rd, 2:00 pm - 3:00 pm ET

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CIO-SP4 may be one of the most significant opportunities for both small and large government contractors during 2020. Join Cy Alba of PilieroMazza and Reena Bhatia of ProposalHelper as they discuss the potential impacts of...more

PilieroMazza PLLC

[Webinar] CMMC Is Coming: Are You Ready? - March 17th, 2:00 pm ET

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Now that DOD has released the final version of the Cybersecurity Maturity Model Certification (CMMC) guidelines, all contractors that work directly or indirectly on Department of Defense (DOD) contracts should be preparing to...more

Holland & Knight LLP

January 2020 Small Business Roundup

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As we dive into the next decade of small business matters (hello 2020!), we wanted to briefly review the key small business regulatory changes that took place at the end of 2019. We also want to discuss a December 2019...more

Husch Blackwell LLP

The Importance Of Specificity In Small Business Joint Venture Agreements

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When drafting small business joint venture agreements, the devil is in the details. A template JV agreement—like the one from the Small Business Administration—may not guarantee a JV’s eligibility for a contract award. The...more

Cohen Seglias Pallas Greenhall & Furman PC

[Event] Protecting Your Rights on Federal Construction Projects Breakfast Seminar- May 23rd - Honolulu, HI

Contracting with the federal government on construction projects involves challenges and risks for even the most experienced contractors. In this seminar, federal construction contracting attorneys Michael Payne and Bob...more

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