LITIGATION & DISPUTE RESOLUTION -
Watch Your Step: Avoiding False Claims Act Violations from Limitations in Subcontracting and Performance of Work Requirements -
Members of the government contracting community are...more
9/24/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Employer Liability Issues ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Fraud ,
General Services Administration (GSA) ,
Human Resources Professionals ,
SBA ,
Small Business
As we previously wrote, the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule was recently revised to more closely mirror the U.S. Small Business Administration’s (SBA) LOS regulation. However,...more
In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility...more
The Federal Acquisition Regulatory Council (FAR Council) recently issued a final rule on August 11, 2021, updating the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule to more closely mirror the...more
You have undoubtedly heard the stories, a contractor with a flawless record going back years gets one bad past performance record, maybe due to themselves or a subcontractor, and now they are blackballed. While many in the...more
GOVERNMENT CONTRACTS -
DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know -
As we previously reported, Section 818 of the National Defense Authorization Act for Fiscal Year 2018...more
On May 25, 2021, the Small Business Administration (SBA) issued a proposed rule that would increase size standards for 49 industries in the Wholesale Trade (Sector 42) and Retail Trade (Sectors 44-45) sectors. The North...more
LABOR & EMPLOYMENT -
2021 Labor and Employment Spotlight: A List of Key Legal Updates for Employers -
Undeniably, 2020 was a year like no other. Faced with a global pandemic and a tumultuous election, employers were...more
On December 23, 2020, the Department of Veterans Affairs (VA) issued a class deviation to implement the Small Business Administration’s (SBA) formulation of the limitations on subcontracting (LOS) and nonmanufacturer rule...more
BUSINESS & TRANSACTIONS -
Purchase Agreement Components, Part 2: Indemnification Provisions -
In an acquisition, particularly an equity acquisition, a buyer must perform extensive due diligence on the target company to...more
A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate...more
GOVERNMENT CONTRACTS -
Key Provisions in the 2021 NDAA for Government Contractors -
‘Tis the season for holiday cheer and the National Defense Authorization Act (NDAA). The NDAA, commonly referred to as “must pass”...more
On November 30, 2020, the U.S. Court of Federal Claims (COFC) issued a decision that supported the Small Business Administration’s position regarding the Rule of Two analysis requirements for government acquisitions. The...more
On November 17, 2020, the Government Accountability Office (GAO) dismissed the post-award task order protest of U.S. Information Technologies Corporation (USIT) for lack of jurisdiction. Task order protests related to...more
BUSINESS & CORPORATE -
BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: Post-Transaction Pitfalls—Part 3 of a 3-Part Series -
M&A transactions involving government contractors...more
As we recently highlighted, on October 16, 2020, the U.S. Small Business Administration (SBA) enacted a final rule (Rule) that merges the 8(a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé...more
A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate...more
State-by-State Business Reopening Guidance -
To help track reopening differences across each state and provide the latest guidance and information to employers, the U.S. Chamber of Commerce has launched an interactive map...more
A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate...more
As we recently wrote, the FAR Council published a final rule (Rule) on February 27, 2020 that amends the Federal Acquisition Regulation (FAR) to capture regulatory changes made by the Small Business Administration (SBA) in...more
CLIENT ALERT: FAR Council Changes Rules Regarding Small Business Rerepresentation / Recertification and Multiple Award Contracts -
On February 27, 2020, the FAR Council published a final rule that amends the Federal...more
3/6/2020
/ Bureau of Indian Affairs ,
Buy American and Hire American ,
Court of Federal Claims ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
Employer Liability Issues ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Funding ,
General Services Administration (GSA) ,
Indian Reorganization Act ,
Joint Employers ,
Multiple Award Contracts ,
NLRA ,
NLRB ,
OFCCP ,
SBA ,
Small Business ,
USAID ,
Women-Owned Businesses
On February 27, 2020, the FAR Council published a final rule (Rule) that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. See 78 Fed....more
Dear Ms. Fernandez -
We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule on amendments to its regulations to merge the 8(a) Business Development Program...more
Dear Ms. Fernandez -
We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule on amendments to its regulations to merge the 8(a) Business Development Program...more
2/3/2020
/ 8(a) Program ,
Business Development ,
Comment Period ,
Federal Contractors ,
Joint Venture ,
Mentor-Protege Program ,
Multiple Award Contracts ,
NAICS ,
Proposed Rules ,
Public Procurement Policies ,
SBA ,
Small Business
On Nov. 29, the Small Business Administration issued a final rule that will implement several provisions of the National Defense Authorization Acts of 2016 and 2017 and of the “RISE Act” of 2015, as well as other clarifying...more
12/20/2019
/ Contracting Procedures ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Multiple Award Contracts ,
NDAA ,
Non-Manufacturer Rule (NMR) ,
SBA ,
Set-Aside Contracts ,
Small Business ,
Subcontractors