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SDVOSB Government Accountability Office

Bass, Berry & Sims PLC

Bid Protest Minute: Avoiding the Timeliness Trap

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

Sheppard Mullin Richter & Hampton LLP

Bid Protest Hub – December 2023

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

Morrison & Foerster LLP - Government...

GAO Finds Company's BPA Bid Remains Eligible For Award Despite A Transaction, Recertification, And Change In Size Status In...

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

Miles & Stockbridge P.C.

Recent GAO Decision on ‘180-Day Rule’ Underscores Complexity of Regulation

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

PilieroMazza PLLC

GAO Confirms Agency Must Consider Experience of Each Partner in a Small Business Joint Venture

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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

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider

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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

PilieroMazza PLLC

SBA’s Proposed Rule Alters the Landscape for Size and Status Protests

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​​​​​​​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

Blank Rome LLP

“Rule of Two” Cheat Sheet

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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

Bass, Berry & Sims PLC

Bass, Berry & Sims Successfully Protests—And Then Defends—Client Award of a Task Order Before the GAO

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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

Woods Rogers

Federal Circuit Adopts Narrow Definition of “Printing” to Avoid Constitutional Separation of Powers Question

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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

Obermayer Rebmann Maxwell & Hippel LLP

Avoiding Common Bid Protest Mistakes, Part 6: Bid Protests vs. Size/Status Protests

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

Bradley Arant Boult Cummings LLP

Protest Sustained: VA Based “Rule of Two” Determination on Canceled Set-Aside Solicitation

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

Stinson - Government Contracting Matters

Tiered Evaluations: A Lesson in Reasonably Applying Different Rules

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

Obermayer Rebmann Maxwell & Hippel LLP

When is Timely Untimely? Recent OHA Decision Highlights the Distinction Between Filing Deadline for Bid Protests and Filing...

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

PilieroMazza PLLC

Weekly Update Newsletter - May 2019 #3

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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

Holland & Knight LLP

GAO Recommends Improvements to Subcontracting Under VA’s Veterans First Program

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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

Pillsbury Winthrop Shaw Pittman LLP

Kingdomware Revisited: VA’s “Rule of Two” Takes Priority Over AbilityOne

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

PilieroMazza PLLC

GAO Finds NIH Failed to Refer SDVOSB Offeror’s Capability to SBA

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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

PilieroMazza PLLC

PilieroMazza Legal Advisor - First Quarter 2017

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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

Kilpatrick

Supreme Court Finds The Department of Veterans Affairs Violated Procurement Law – Are There Broader Implications for Government...

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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

Morgan Lewis

Supreme Court Requires the VA to Expand Use of Mandatory Set-Asides for VOSBs

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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

PilieroMazza PLLC

Improvements Noted in the VA’s CVE Verification Process

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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

PilieroMazza PLLC

Kingdomware Vs. the VA: Supreme Court Case to be Dismissed?

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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

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