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
Identifying threats and improving network and supply chain security has been an ongoing effort by Congress and the Department of Defense (DoD) for the past several years. Congress has included multiple provisions in the...more
9/18/2018
/ Acquisitions ,
Cyber Threats ,
Cybersecurity ,
Data Security ,
Department of Defense (DOD) ,
Federal Contractors ,
Popular ,
Private Sector ,
Risk Mitigation ,
State Procurement Contracts ,
Supply Chain
On Aug. 31, 2018, the U.S. Department of Defense (DoD) issued Class Deviation 2018-O00018, which increases the micro-purchase threshold for DoD procurements from $5,000 to $10,000. The deviation implements Section 821 of the...more
For those of you who have ever protested a solicitation before the Government Accountability Office (GAO), you know about GAO’s strict rules regarding timeliness. Under GAO rules, a document is considered filed on a...more
On May 1, 2018, the Federal Acquisition Regulatory (FAR) Council published a final rule amending FAR 16.505(a)(10) to raise the minimum threshold for Government Accountability Office (GAO) protests of certain task and...more
5/7/2018
/ Bid Protests ,
Coast Guard ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
GAO ,
Jurisdiction ,
NASA ,
NDAA ,
Threshold Requirements
This is the sixth blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more
12/8/2017
/ Acquisitions ,
Bid Solicitation ,
Competition ,
Comptroller ,
Department of Defense (DOD) ,
Employee Retention ,
Employee Training ,
Federal Pilot Programs ,
Information Technology ,
National Security ,
NDAA ,
Procurement Guidelines
In a 6-2 decision on March 22, 2017, the U.S. Supreme Court determined that bankruptcy courts may not approve a structured dismissal of a Chapter 11 case that provided for distributions of estate funds that do not follow...more
4/8/2017
/ Absolute Priority Rule ,
Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Consent ,
Czyzewski v Jevic Holding Corp ,
Priority Debt ,
Reversal ,
SCOTUS ,
Structured Dismissals ,
WARN Act