The U.S. Small Business Administration (SBA) issued its final rule on April 27, 2023, implementing several changes to the ownership and control requirements for the 8(a) Business Development program. The final rule also...more
5/31/2023
/ 8(a) Program ,
Business Development ,
Certification Requirements ,
Federal Contractors ,
Final Rules ,
Joint Venture ,
Mentor-Protege Program ,
SBA ,
Set-Aside Contracts ,
Small Business ,
WOSB
The Biden Administration on Nov. 4, 2021, announced that it is revising the deadline for the federal contractor vaccination requirement from Dec. 8, 2021, to "no later than January 4, 2022." The White House is revising the...more
The Safer Federal Workforce Task Force released updated Frequently Asked Questions (FAQs) for Federal Contractors on Nov. 1, 2021, regarding its COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors...more
11/4/2021
/ Affiliates ,
Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employer ,
Discipline ,
Employer Mandates ,
Enforcement ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Good Faith ,
Masks ,
New Guidance ,
Public Employees ,
Public Employers ,
Reasonable Accommodation ,
Religious Accommodation ,
Safety Precautions ,
SBA ,
Social Distancing ,
Subcontractors ,
Vaccinations ,
Workplace Safety
As required by President Joe Biden's Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors on Sept. 9, 2021, the Safer Federal Workforce Task Force (the Task Force) issued its COVID-19 Workplace...more
9/27/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
New Guidance ,
Public Contracts ,
Reasonable Accommodation ,
Subcontractors ,
Title VII ,
Vaccinations ,
Workplace Safety
President Joe Biden issued two Executive Orders (EOs) on Sept. 9, 2021, aimed at curtailing the ongoing COVID-19 pandemic. The first – Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees –...more
President Joe Biden signed on Jan. 25, 2021, executive order (EO) "Ensuring the Future Is Made in All of America by All of America's Workers," that directs a process for updating domestic preferences. This EO builds upon a...more
1/27/2021
/ Biden Administration ,
Buy America ,
Buy American Act ,
Buy American and Hire American ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
Made in the USA ,
Manufacturers ,
OMB ,
Public Procurement Policies ,
Rescission ,
Suppliers ,
Trade Agreements ,
Transparency ,
Trump Administration
As the coronavirus (COVID-19) outbreak continues to spread throughout the United States, many government contractors are faced with unknown questions about continuing performance on contracts. Given the fast-moving situation,...more
Attorneys Eric Crusius, Amy Fuentes, Kelsey Hayes and Vijaya Surampudi co-authored an article describing the major issues they expect government contracting professionals to face in the coming year. For example, the...more
3/2/2020
/ CFIUS ,
Compliance ,
Corporate Counsel ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Huawei ,
LPTA ,
Mentor-Protege Program ,
NDAA ,
OFCCP ,
SBA ,
Supply Chain ,
Whistleblowers
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
2/3/2020
/ Administrative Appeals ,
Bid Protests ,
Certification Requirements ,
Federal Contractors ,
Final Rules ,
GAO ,
Joint Venture ,
Mentor-Protege Program ,
Mentors ,
Multiple Award Contracts ,
Office of Hearings and Appeals (OHA) ,
Proposed Rules ,
SBA ,
Small Business
The U.S. Government Accountability Office (GAO) ruled on Dec. 20, 2019, that the "Rule of Two" of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (VBA) does not require the U.S. General Services...more
1/14/2020
/ Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
GSAR ,
Leaseholds ,
Leases ,
Procurement Guidelines ,
Rule of Two ,
Small Business ,
Veterans ,
Veterans Administration
The U.S. Department of Defense (DoD), the U.S. General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA), (collectively, the Agencies) just issued a Proposed Rule that addresses...more
7/1/2019
/ Comment Period ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Services Administration (GSA) ,
NASA ,
NDAA ,
Proposed Rules ,
Public Comment ,
SBA ,
Small Business ,
Subcontractors
The U.S. Small Business Administration (SBA) just issued its long-anticipated Proposed Rule implementing the Small Business Runway Extension Act (the Act). In our previous blog, we discussed the SBA's position that the Act...more
In Matter of 7Skyline, LLC, SBA No. BDPE-574 (2019), the U.S. Small Business Administration (SBA)'s Office of Hearings and Appeals (OHA) affirmed the SBA Area Office's denial of an 8(a) Business Development Program (the 8(a)...more
The U.S. Department of Defense (DoD), Office of the Inspector General (OIG) recently issued a report highlighting its work conducted in Fiscal Year (FY) 2018. The report provides statistics on the number of audits,...more
This is the fourth blog post in a series analyzing the 2019 National Defense Authorization Act (NDAA) as signed into law on Aug. 13, 2018. Stay tuned for more blog posts covering additional topics in the near future from...more
This is the second blog post in a series analyzing the 2019 National Defense Authorization Act (NDAA) as signed into law on Aug. 13, 2018. Stay tuned for more blog posts covering additional topics in the near future from...more
This is the first blog post in a series analyzing the 2019 National Defense Authorization Act (NDAA) as signed into law on August 13, 2018. Stay tuned for more blog posts covering additional topics in the near future from...more
1/23/2019
/ Cooperative Agreements ,
Defense Sector ,
Department of Defense (DOD) ,
ESOP ,
Federal Contractors ,
Federal Pilot Programs ,
Federal Procurement Systems ,
Funding ,
GAO ,
Innovation ,
NDAA ,
Prompt Payment ,
Reauthorization ,
Research and Development ,
SBA ,
SBA Lending Programs ,
SBIRs ,
Small Business ,
STTR ,
Subcontractors
In December 2018, the U.S. Department of Justice (DOJ) released its annual statistics for its civil False Claims Act (FCA) and fraud cases from the fiscal year ending Sept. 30, 2018 (fiscal year 2018). The DOJ reports it...more
As we discussed in an earlier post, the U.S. government's partial shutdown impacts government contractors across the spectrum. What many contractors may not realize is that the shutdown has an additional impact on small...more
The U.S. General Accountability Office (GAO) recently dismissed a protest by a state licensing agency (SLA) challenging the elimination of its proposal from the competitive range under a solicitation issued pursuant to the...more
On Nov. 20, 2018, the U.S. Court of Appeals for the Federal Circuit seemingly ended the Veterans Contracting Group line of cases. As a refresher, in those cases, the contractor challenged the U.S. Small Business...more
11/26/2018
/ Appeals ,
Arbitrary and Capricious ,
Article III ,
Declaratory Relief ,
Department of Veterans Affairs ,
Dismissals ,
Federal Contractors ,
Jurisdiction ,
Mootness ,
New Regulations ,
SBA ,
SDVOSB ,
Small Business ,
Veterans
Between new regulations from the Small Business Administration (SBA) and decisions from the SBA's Office of Hearings and Appeals (OHA), the limits of acceptable actions by small business owners set on maintaining their small...more
10/26/2018
/ Appeals ,
Business Ownership ,
Federal Contractors ,
Joint Venture ,
Majority Shareholders ,
Minority Shareholders ,
Office of Hearings and Appeals (OHA) ,
Operating Agreements ,
Ownership Rules ,
SBA ,
SDVOSB ,
Small Business ,
Veterans
Earlier this week, we covered the U.S. Department of Veterans Affairs's (VA) publication of a final rule amending its Veteran-Owned Small Business (VOSB) and Service-Disabled Veteran-Owned Small Business (SDVOSB) Guidelines....more
10/1/2018
/ 8(a) Program ,
Department of Veterans Affairs ,
Extraordinary Circumstances Exception ,
Federal Contractors ,
Final Rules ,
New Rules ,
Ownership Rules ,
Rebuttable Presumptions ,
SBA ,
SDVOSB ,
Small Business ,
Stock Ownership ,
Surviving Spouse ,
Veterans ,
VOSB
More than eight months after issuing its proposed rules, the U.S. Department of Veterans Affairs (VA) has finally issued the long awaited final rule amending its Veteran-Owned Small Business Guidelines. The final rule amends...more
9/25/2018
/ Amended Regulation ,
Department of Veterans Affairs ,
Federal Contractors ,
Final Rules ,
NDAA ,
Ownership Rules ,
SBA ,
Small Business ,
Verification Requirements ,
Veterans ,
VOSB
The U.S. Department of Veterans Affairs (VA) recently issued several proposed rules and a final rule amending the VA Acquisition Regulation (VAAR) as part of a phased approach intended to streamline the VAAR to eliminate...more
9/19/2018
/ Bid Protests ,
Bid Solicitation ,
Construction Contracts ,
Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Policies and Procedures ,
Procurement Guidelines ,
Proposed Rules ,
Service Contracts ,
Small Business ,
Subcontractors ,
Veterans