The U.S. Small Business Administration (SBA) recently promulgated a final rule addressing past performance ratings for small business joint venture members and small business first-tier subcontractors. The rule, which will go...more
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
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
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
The National Institute for Health Information Technology Acquisition and Assessment Center (NITAAC) released its draft request for proposals (the “Draft RFP”) for the new $40 billion Chief Information Officer-Solutions and...more
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
The Small Business Administration (SBA) today issued a significant final rule addressing numerous issues of interest to Federal contractors. With one exception, the rule will take effect on November 16, 2020. We anticipate...more
A variety of arcane domestic-preference regimes apply to many Federal procurements – the Buy American Act (BAA), the Trade Agreements Act (TAA), the Berry Amendment, and the Cargo Preference Act, to name a few. In Acetris...more
For many small business government contractors, the winter holidays came early on December 5, 2019, when the Small Business Administration (“SBA”) issued its final rule adjusting its regulations on the calculation of average...more
Absent further action by the Small Business Administration (“SBA”) Office of Hearings and Appeals or a Federal Court, the GAO has effectively ended the argument as to whether the Small Business Runway Extension Act of 2018...more
Last month, Senator Marco Rubio, Chairman of the Senate Committee on Small Business and Entrepreneurship, released the Chairman’s mark to the Small Business Administration (SBA) Reauthorization and Improvement Act of 2019...more
8/9/2019
/ Federal Contractors ,
Joint Venture ,
Minority-Owned Businesses ,
Proposed Legislation ,
Reauthorization ,
SBA ,
SBIRs ,
Self-Certification ,
Small Business ,
Sole Source Contracts ,
STTR ,
Venture Capital ,
Women-Owned Businesses ,
WOSB
The Small Business Administration (SBA) has statutory authority to establish federal Government-wide policies to implement the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs....more
In response to President Trump’s Executive Order to reduce regulatory burdens and control regulatory costs, the U.S. Small Business Administration (SBA) has proposed a rule to amend its regulations for the Historically...more
Other Transaction Agreements (OTAs): The term is familiar among government contractors, yet commonly misunderstood. Recently, the Government Accountability Office (GAO), in Oracle America, Inc., B-416061, May 31, 2018, 2018...more
The Small Business Administration (SBA) issued a Direct Final Rule on March 26, 2018 that appears to address a specific holding of SBA’s Office of Hearings and Appeals (OHA) related to small business recertification rules. ...more
Veteran-owned small businesses have long grappled with seemingly benign drafting inconsistencies between Small Business Administration (SBA) and Department of Veterans Affairs (VA) regulations that can leave a business...more
In the final post of our 2018 Fiscal Year Forecast series, Kevin Mullen and Damien Specht focus on the use of Low Price Technically Acceptable (LPTA) contracts, the mounting backlog of security clearance applications, the...more