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The ABA’s 2020 Public Procurement Symposium

The American Bar Association Public Contract Law Section (PCLS) will be hosting the 2020 Public Procurement Symposium from Wednesday, November 18 to Friday, November 20, 2020....more

One for All and All for One SBA Mentor-Protégé Program

At their best, the mentor-protégé programs administered by the Small Business Administration (SBA) are programs whereby large business mentors may partner with small business protégés—providing the small business with...more

For Federal Contractors, Another Potential Hurdle to Engaging Foreign Labor

On August 3, 2020, the president issued Executive Order No. 13940 on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers....more

When It Comes to Solicitations, Stick to the Script

While some rules may seem basic enough to overlook, the Government Accountability Office (GAO) decision sustaining the protest in Avionic Instruments LLC (Avionic), B-418604, B-418604.2 (June 30, 2020) reminds us of a...more

Inaccuracies on SAM May Not Be Enough to Sustain a Protest

A lie may be a lie, but false representations and certifications on SAM may not necessarily be a proper protest ground. As the recent Government Accountability Office (GAO) decision in Phoenix Environmental Design, Inc....more

Past Performance, Present (and Future) Problems

Government contractors should consider all contract performance vitally important because they can’t always control which past performance is considered by agency evaluators. ...more

Coronavirus Aid, Relief, and Economic Security (CARES) Act Government and Government Contractor Activities Provisions

In addition to providing relief to individuals, employees, small and non-small businesses, the Coronavirus Aid, Relief, and Economic Security (CARES) Act also mobilizes government and government contractors to address the...more

Simplified Acquisition Procedures Afford Agencies a Lot of Latitude

Not being included, or being purposely excluded, may remind some of adolescence, and may remind others of the Federal Acquisition Regulation (FAR) simplified acquisition procedures....more

OHA Decision Highlights the Perils of Mixing Business with Family

A cornerstone of the Small Business Administration (SBA) size regulations is that a business’s size is determined by measuring its size in addition to the size of its affiliates....more

Knowledge is Power . . . If You Know How to Use It

Discussions with an agency prior to submitting a final proposal can lead to a more well-informed submission by an offeror; however, such is not always the case. The Government Accountability Office (GAO) decision in Quality...more

GAO Reminds Offerors that It’s Important to Substantiate Key Personnel’s Experience

Putting your best foot, or best personnel, forward seems like “Winning the Contract Award 101.” But a refresher course never hurts. Recently, the Government Accountability Office (GAO) decision in Deloitte Consulting, LLC...more

GAO Considers Reconsideration

It’s not unusual for defeated protesters to feel as though the explanation for their defeat short changes their arguments. Indeed, this might be the case for every defeated protester (or intervenor, or agency)....more

Bribery, Gratuities, and Kickbacks, Oh My!

On December 12, 2019, the Department of Justice (DOJ) announced that a former civilian employee of the U.S. Army is being prosecuted by the DOJ’s Criminal Division’s Fraud Section....more

Tiered Evaluations: A Lesson in Reasonably Applying Different Rules

It’s not always clear where the applicability of one law or rule should stop and the applicability of another should begin. Recently, the Government Accountability Office (GAO) decision in Becton, Dickinson and Company,...more

Regulation Recap: SBA Publishes Proposed Rule Consolidating Mentor Protégé Programs

Lovers of consistency, rejoice! After a few years of administering two separate, yet substantially similar mentor-protégé programs, the Small Business Administration (SBA) has proposed a rulemaking to consolidate the 8(a)...more

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