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GAO Reaffirms Agencies’ Discretion to Award Sole-Source SBIR Phase III Contracts (Even to a Successor-in-Interest)

The Small Business Innovation Research program (SBIR) is a successful initiative that increases the participation of small business concerns in federally funded research and development. Awards under Phases I and II of the...more

Enforcing New Recertification Rules: Changes to SBA’s Size Protest Regulations

We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. Today, we focus on revisions to the regulations governing size protests and requests for formal...more

Less Oversight and Undefined Penalties: The NDAA’s Proposed Protest Reforms

Buried in Section 885 of the current draft of the National Defense Authorization Action (NDAA) for Fiscal Year 2025 is a new attempt to figure out how to make unsuccessful bid protesters pay. As of this posting, the NDAA has...more

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

Definitive Guidance On Facility Security Clearances For Small Business Joint Ventures

The Small Business Administration (SBA) and the Information Security Oversight Office (ISSO) have issued a Joint Notice to clarify how Facility Security Clearances (FCLs) (also called Entity Eligibility Determinations, or...more

Hard Validations And Cutlines: What Happened On CIO-SP4?

If you’ve been following the saga of the National Institutes of Health Information Technology Acquisition and Assessment Center’s (NITAAC) Chief Information Officer-Solutions and Partners (CIO-SP4) procurement, you likely...more

Unavailable Key Personnel: Differing Legal Standards At The GAO And Court Of Federal Claims

An interesting new bid protest decision from the U.S. Court of Federal Claims articulates a rule for pre-award key personnel unavailability that is very different from the one employed by the U.S. Government Accountability...more

Roadblocks Inherent To The Public Procurement Process For Minority-Owned Businesses (Guide 1 Of 4)

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

A Rose By Any Other Name: Offeror Remained The Same Entity For Bidding Purposes Despite Converting From A Corporation To A Limited...

We have previously addressed the challenges and legal risks of an offeror being the subject of a major transaction while it has a proposal pending for a Federal procurement. In numerous bid protest decisions, the U.S....more

New Small Business Rules: Capabilities Of Small Business Joint Venture Members And First-Tier Subcontractors

As we recently discussed, the U.S. Small Business Administration (SBA) has published a long-awaited rule that made important changes to numerous small business contracting programs and the rules Federal agencies must follow...more

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New...more

Class Waivers of the Non-Manufacturer Rule: New OHA Decision Creates Uncertainty

Those familiar with Federal procurements know the general rule: If you submit a proposal against a solicitation despite disagreeing with one of its provisions, you usually waive the right to challenge that provision in the...more

Corporate Transactions as a Basis for Protest (Post-Award Protest Primer #18)

Most corporate transactions go forward without protests. Several prominent protest decisions over the last few years, however, have drawn attention to the complicated and sometimes unpredictable effect corporate transactions...more

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