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Federal Acquisition Regulations (FAR) Acquisitions Small Business

Clark Hill PLC

Department of Defense opens comment period on major changes to defense contracting for small businesses

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On July 9, the U.S. Department of Defense (DoD) provided notice of a 30-day comment period for proposed regulations designed to modernize its acquisition process. This is a critical window for small businesses to directly...more

Clark Hill PLC

CHPS Podcast Episode 5: The Future of Federal Procurement

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Join host Chris White in the latest episode of CHPS of Insight as he speaks with Ron Sullivan, a Senior Counsel in Clark Hill's Government Contracts practice and a Senior Director of Clark Hill Public Strategies. Ron shares...more

Morrison & Foerster LLP - Government...

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

Morrison & Foerster LLP - Government...

Ongoing FAR Overhaul: Market Research and the New FAR Part 10

The latest part of the Federal Acquisition Regulation (FAR) to undergo a rewrite is FAR Part 10, which addresses market research for acquisitions. The General Services Administration has already adopted the new Part 10 via...more

PilieroMazza PLLC

The Rise of OTA in Defense Contracting, Part 2: What Is It, Who’s Eligible, and Where to Find Opportunities

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In Part 1 of PilieroMazza’s blog series we looked at how Other Transactions Authority (OTA) has emerged as a key acquisition tool for government contractors eager to work with the Department of Defense (DOD). In Part 2, we’ll...more

Bass, Berry & Sims PLC

SBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”

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On February 19, the Office of Hearings and Appeals (OHA) denied an appeal from an unsuccessful bidder who argued the awardee was large due to an acquisition that occurred while the award was pending. OHA found that Small...more

Venable LLP

SBA Final Rule Changes M&A Landscape for Multiple Award Contracts

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Effective January 16, 2025, the Small Business Administration (SBA) issued a final rule intended to close what SBA considered to be a long-standing loophole in its size recertification rules that allowed a large business to...more

McDermott Will & Emery

SBA’s Final Size Standard Recertification Rule: What Private Equity Companies Need to Know

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We previously discussed the US Small Business Administration’s (SBA) proposed rule updating the regulations regarding government contractor size and small business program status recertification. The SBA has now issued the...more

Holland & Knight LLP

The Storm Before the Calm: SBA Final Rule Delays Impact of Future Post-M&A Recertifications

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The U.S. Small Business Administration (SBA) on Dec. 17, 2024, issued a Final Rule that substantially changes the effect of recertifications of size and socioeconomic status under set-aside contracts following the merger or...more

Whiteford

Client Alert: SBA Final Rule Expected to Spur Increased Small Government Contractor M&A Activity In 2025

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On December 17, 2024, the U.S. Small Business Administration (“SBA”) issued a Final Rule (“Rule") that will dramatically change the landscape for the Merger and Acquisition (“M&A”) market for both large and small businesses....more

PilieroMazza PLLC

SBA’s Final Rule Is Here: Key Takeaways on Updates to HUBZone Program, Other Small Business Programs, and Various Small Business...

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Join PilieroMazza’s Meghan Leemon as she unpacks SBA’s final rule implementing changes to the HUBZone Program, other small business programs, and various small business matters. This comprehensive rule goes into effect on...more

Holland & Knight LLP

How SBA's Proposed Size, Status Recertifications Rule Could Impact Small Business M&A

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The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or...more

PilieroMazza PLLC

Novation and Recertification Requirements: A Post-Closing Guide for GovCon M&A Deals

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After the sale or acquisition of a business or its assets, there are often one or more post-closing requirements that business owners must complete. In deals involving government contractors, two of these requirements are...more

Perkins Coie

The FY 2024 National Defense Authorization Act: What Government Contractors Should Know

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The Fiscal Year 2024 National Defense Authorization Act (NDAA) includes numerous provisions relevant to government contractors in areas such as artificial intelligence (AI), cybersecurity, supply chain concerns related to...more

Bass, Berry & Sims PLC

Task Orders May Carry Implicit Size Recertification Requirements

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Generally, when a business is awarded a multi-year IDIQ contract, it retains its “small” business designation unless a contracting officer (CO) requires the business to recertify its size status, and has since grown larger...more

PilieroMazza PLLC

Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference

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In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more

PilieroMazza PLLC

GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members

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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

PilieroMazza PLLC

Alert! FAR Council Changes Rules Regarding Small Business Rerepresentation/Recertification and Multiple Award Contracts (MACs)

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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

Pillsbury Winthrop Shaw Pittman LLP

Congress Commissions Study of Bid Protests Filed at Both the GAO and COFC

The FY 2019 NDAA requires DoD study multiple protest filings, and develop a plan for an expedited protest process for small contracts. Congress is concerned about the delays caused by bid protests that have been filed at...more

Miles & Stockbridge P.C.

Recent SBA OHA Ruling Could Heat Up M&A Marketplace for Small Business Government Contractors

Earlier this year, the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) ruled that recertification by a Service-Disabled Veteran-Owned Small Business (“SDVOSB”) following its acquisition by a...more

Holland & Knight LLP

New DoD Class Deviation Tackles Micro-purchase and Simplified Acquisition Thresholds

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On April 13, 2018, The Department of Defense (DoD) issued Class Deviation 2018-O00013, which consolidates and supersedes two prior class deviations that increased the micro-purchase and simplified acquisition thresholds and...more

Bass, Berry & Sims PLC

Section 809 Panel Releases First Volume of Recommendations for the Overhaul of DoD’s Acquisition Process

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In 2016, Congress instructed the Department of Defense (DoD) to review its procurement regulations by convening a panel of procurement professionals—from both the public and private sectors. This panel became known as the...more

Pillsbury Winthrop Shaw Pittman LLP

Congressional RAND Study Refutes Common Misperceptions about DoD Bid Protests

A Congressionally mandated research study demonstrates that bid protests filed against Department of Defense (DoD) procurements do not unduly delay these acquisitions and are not frivolous. More than 99.7% of DoD contracts...more

Morrison & Foerster LLP - Government...

FY 2018 Forecasts: Items of Interest in Contracting, Small Business, and M&A

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

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