This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (“GAO”) decisions and one Office of Hearings and Appeals (“OHA”) decision. From General Services Administration (“GSA”) Schedule holders...more
We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. We previously discussed SBA’s changes to the effect of recertifications under multiple award...more
We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. We previously discussed SBA’s changes to the effect of recertifications under multiple award...more
In a lengthy and complex effort, the U.S. Small Business Administration (SBA) issued a final rule on December 17, 2024, that amended many requirements related to small business contracting. As with most rules, there are some...more
12/19/2024
/ BPA ,
Buyers ,
Federal Contractors ,
General Services Administration (GSA) ,
Investment ,
Minority Shareholders ,
Recertification ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Shareholders ,
Small Business ,
Women-Owned Businesses
This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (“GAO”) decisions and one Court of Federal Claims (“COFC”) decision. From COFC jurisdiction and standing, to meaningful relationship...more
This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office. Each of this month's decisions...more
9/17/2024
/ Bid Protests ,
Code of Federal Regulations (CFR) ,
DFARS ,
Federal Contractors ,
GAO ,
General Services Administration (GSA) ,
Market Research ,
NAICS ,
Offerors ,
Set-Asides ,
Small Business ,
Solicitation ,
Trade Agreements Act ,
U.S. Navy
This summer has seen two notable updates that parties to mentor-protégé joint ventures (MPJVs) should be aware of. First, buried in a Notice that the U.S. Small Business Administration (SBA) issued on July 22, 2024, is a...more
In recent months, there have been a number of articles about an increase in venture capital interest in entities that do business with the federal government. In fact, this interest is not new. Small entities with venture...more
11/17/2023
/ Borrowers ,
Debt Securities ,
Department of Defense (DOD) ,
Encumbrances ,
Investors ,
Liens ,
Office of Hearings and Appeals (OHA) ,
SBA ,
SBIRs ,
Startups ,
Venture Capital
The Small Business Administration (SBA) has issued a final rule amending its regulation on lower-tier small business subcontracting credit to account for statutory changes introduced in the National Defense Authorization Act...more
Recent changes to the U.S. Small Business Administration (SBA) regulations affect how large businesses can take small business credit for subcontracting to their own mentor-protégé joint ventures (MPJVs). SBA’s final rule...more
On May 19, 2023, the General Services Administration (GSA) issued Multiple Award Schedule (MAS) solicitation refresh 16, which introduced a formal offer process for joint ventures. To provide guidance on navigating those...more
The U.S. Small Business Administration (SBA) finalized a rule to modernize the Small Business Investment Company (SBIC) Program on July 17, 2023. Part of President Biden’s Investing in America agenda, the new SBIC Investment...more
Some of you may recall the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2014 from nearly a decade ago. It amended the Small Business Act (SBA) to allow a contractor, under certain circumstances, to receive...more
The common theme of this month’s Law360 Bid Protest Roundup is a seemingly hot topic these days: joint ventures. One recent Government Accountability Office (“GAO”) decision and one recent U.S. Court of Federal Claims...more
The Small Business Administration’s (SBA) popular shields from affiliation for all-small and mentor-protégé joint ventures are powerful tools for helping small businesses succeed in the federal procurement marketplace. These...more
This month's bid protest spotlight focuses on one recent U.S. Court of Federal Claims decision and two U.S. Government Accountability Office decisions. While all three protests were unsuccessful, each serves as a different...more
6/10/2022
/ Bid Proposals ,
Bid Protests ,
Bid Solicitation ,
Clerical Errors ,
Collective Bargaining Agreements (CBA) ,
Court of Federal Claims ,
Department of Labor (DOL) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
NAICS ,
Offerors ,
SBA ,
Service Contract Act ,
Small Business Jobs Act
Earlier this week, the U.S. Small Business Administration (SBA) issued a Final Rule adopting changes to how a concern calculates its number of employees for eligibility purposes in all of SBA’s programs, as well as how a...more
Due diligence is an important preliminary step before one company acquires another or an investor puts millions behind an existing firm. When a target company performs government contracts or subcontracts, it is critical that...more
Every year, the U.S. federal government establishes goals for the awards of prime contracts and subcontracts to small business concerns. While agencies are responsible for achieving these goals by awarding prime contracts to...more
4/23/2021
/ Audits ,
CEOs ,
Compliance ,
Contractor Audits ,
Department of Defense (DOD) ,
Federal Contractors ,
GAO ,
Good Faith ,
OIG ,
Reporting Requirements ,
SBA ,
Small Business ,
Subcontractors
On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled: “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations: What It...more
4/1/2021
/ Architects ,
CARES Act ,
Contractors ,
Coronavirus/COVID-19 ,
DCAA ,
Department of Defense (DOD) ,
Department of Transportation (DOT) ,
Engineering ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Fixed Price ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
SBA
Capital is the lifeblood of small businesses and fundamental to their formation and growth. However, obtaining capital can be difficult for minority-owned business enterprises (MBEs), as a lack of access to capital is one of...more
SBA’S 8(A) BUSINESS DEVELOPMENT PROGRAM-
WHAT IS THE 8(A) PROGRAM AND WHAT IS IT INTENDED TO DO?
The 8(a) program, officially designated the 8(a) Business Development program, is designed to assist small...more
2/4/2021
/ Business Ownership ,
Certifications ,
HUBZone ,
Limited Liability Company (LLC) ,
Minority-Owned Businesses ,
NAICS ,
Principal Place of Business ,
SBA ,
Small Business ,
Women-Owned Businesses ,
WOSB
Many government programs exist to help small businesses—especially minority-owned small businesses—secure a foothold in government contracting. Read on to learn more about some common programs, the basic eligibility...more
In the next four posts, we will share guides specific to federal contracting as a minority-owned small business.
Minority-owned businesses often face unique challenges in the public procurement process due to systemic...more
2020 brought the COVID-19 pandemic and other headline-grabbing challenges, along with “the usual” quadrennial questions around the U.S. election. Early in the year, businesses and dealmakers focused on the pandemic and...more
1/15/2021
/ Antitrust Division ,
CFIUS ,
Coronavirus/COVID-19 ,
Due Diligence ,
Economic Stimulus ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
EU Horizontal Safeguard Regulation (HSR) ,
Federal Trade Commission (FTC) ,
Human Rights ,
Initial Public Offering (IPO) ,
Loan Forgiveness ,
Loans ,
Material Adverse Events ,
Poison Pill ,
Popular ,
Private Equity ,
Remote Working ,
Representations and Warranties ,
Special Purpose Acquisition Companies (SPACs)