Williams Mullen's COVID-19 Comeback Plan: Part II – Doing Business With the Commonwealth of Virginia
Growth Strategies for Small Businesses Moving to Mid-Tier
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On February 14, the Government Accountability Office (GAO) dismissed a protest by Marathon Medical Corporation, an unsuccessful bidder, concluding that its protest was untimely. GAO reasoned that its strict timeliness...more
Since our last Bid Protest Hub article in November, the Government Accountability Office (“GAO”) has published 37 bid protest decisions, two of which have resulted in decisions sustaining the protester’s challenge. As we...more
Small business regulations create one of the stickier wickets in bid protest litigation. Although the Small Business Administration (SBA) has exclusive authority to determine a company’s size and socioeconomic status, the...more
Any acquisition involving a small business government contractor comes with a host of questions concerning what effect, if any, the transaction may have on the small business’s size and status post-closing. ...more
Earlier this year, the Government Accountability Office (GAO)—in AttainX, Inc., B-421216, B-421216.2 (Feb. 9, 2023)—clarified that in evaluating the experience of a mentor-protégé joint venture (JV) for a small business...more
Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more
On September 9, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule (the Rule) making substantial changes to the 8(a) Business Development program. Scattered throughout the Rule are various...more
June 2021 marked the five-year anniversary of the Supreme Court’s Kingdomware decision[1], which is best known for broadly interpreting the so-called “Rule of Two” requirement flowing from the Veterans Benefits, Health Care,...more
After a successful challenge last year to the award of a service-disabled veteran-owned small business (SDVOSB) set aside task order for technology service desk operations by the U.S. Customs and Border Protection (CBP or the...more
The U.S. Court of Appeals for the Federal Circuit recently reversed a bid protest decision appealed from the Court of Federal Claims after the protester raised a constitutional question. In Veterans4You LLC v. United States,...more
This will be the final installment of our series on the most common protest mistakes. So far, we have covered pre- vs. post-award protests, the impact of required debriefings on protest deadlines, competitive range protests,...more
The Government Accountability Office (GAO) recently sustained a protest that challenged the Department of Veterans Affairs’ (VA) failure to set aside an acquisition for Service-Disabled Veteran-Owned Small Businesses (SDVOSB)...more
It’s not always clear where the applicability of one law or rule should stop and the applicability of another should begin. Recently, the Government Accountability Office (GAO) decision in Becton, Dickinson and Company,...more
If you are a government contractor, chances are that you have been involved in – or at least are familiar with – bid protests. If you are a small business, it’s likely that you are also familiar with size or status protests,...more
FALSE CLAIMS ACT / LITIGATION - U.S. Supreme Court – According to Law360, the U.S. Supreme Court ruled unanimously that the “government knowledge” statute of limitations applies in False Claims Act cases regardless of...more
The Government Accountability Office (GAO) recently published a report on the U.S. Department of Veteran Affairs's (VA) implementation of the Veterans First Program. This congressionally-mandated program requires the VA to...more
The U.S. Court of Appeals for the Federal Circuit finds the Department of Veterans Affairs’ (VA) Rule of Two takes priority over older and less specific statutory procurement mandates. The Federal Circuit found that the VA...more
In a recently published GAO decision, GAO sustained a SDVOSB’s protest of its exclusion from the competitive range by NIH under the CIO-SP3 SB GWAC procurement. The CIO-SP3 SB RFP required an evaluation of proposals in...more
GOVERNMENT CONTRACTING – 2016 GAO Bid Protest Annual Report: Sustain Rate Hits Nine Year High, Up More Than 10% from 2015 – GAO recently released its annual report to Congress, which included data concerning its...more
On June 16, 2016 the Supreme Court of the United States (“SCOTUS”) issued its much anticipated decision in the Kingdomware Technologies, Inc. v. United States case (“Kingdomware”). One of two important cases, both decided on...more
The Department of Veterans Affairs will be required to implement mandatory set-aside requirements for procurements at all levels, including FSS orders, if two or more VOSBs reasonably can be expected to submit offers that...more
A new report by the U.S. Government Accountability Office (GAO) notes measurable improvement in the processes used by the Department of Veterans Affairs (VA) to verify Service-Disabled, Veteran-Owned Small Businesses...more
If you are already aware of the Kingdomware case, you will likely be surprised to hear that on November 4, 2015, the U.S. Supreme Court issued an order to the parties in the Kingdomware case to submit briefs on whether the...more