Effective May 26, 2022, the Federal Acquisition Regulation (FAR) gives contracting officers the discretion to apply the Small Business Act (Act)—implemented by FAR Part 19—outside the United States and its outlying areas. ...more
Financial growth and success are important goals for every small business government contractor. Continuous growth, however, can cause your company to exceed the size standards attached to your small business set-aside work....more
Financial growth and success are important goals for every small business government contractor. Continuous growth, however, can cause your company to exceed the size standards attached to your small business set-aside work....more
For small businesses, navigating the recertification rules promulgated by the Small Business Administration (SBA) is no easy task. SBA rules generally provide that the size of a concern is determined at the date of its...more
DOJ Recovers Over $5.6 Billion From Fraud and False Claims Act Matters in FY 2021: 6 Key Takeaways -
On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it had recovered more than $5.6 billion in Fiscal...more
2/4/2022
/ Biden Administration ,
Confidential Information ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DFARS ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
General Services Administration (GSA) ,
Paycheck Protection Program (PPP) ,
Pharmaceutical Industry ,
Popular ,
SBA ,
Small Business ,
Whistleblowers
Over the past few years, the Small Business Administration’s (SBA) recertification rules have been the subject of much debate, with some arguing that recertification impacts an offeror’s eligibility for award and for future...more
LABOR & EMPLOYMENT -
COVID-19 Vaccination and Testing: Critical Implications of OSHA’s ETS for Federal Government Contractors -
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) published its...more
11/11/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
DFARS ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
General Services Administration (GSA) ,
Human Resources Professionals ,
Medicaid ,
Medicare ,
OSHA ,
Popular ,
SBA ,
Small Business ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
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
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
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
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
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
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