News & Analysis as of

Federal Acquisition Regulations (FAR) Small Business Administration Bid Protests

Bass, Berry & Sims PLC

Compliance with Limitation on Subcontractor is Ostensible Subcontractor Safe Harbor

On June 2, the Small Business Administration’s (SBA) Office of Hearing and Appeals (OHA) denied a size appeal filed by Veteran Elevator Solutions, LLC (VES) challenging the size of Bass, Berry & Sims’ client GD Resources, LLC...more

Pillsbury - Bid Protest Debrief

COFC Warns: Protesters Must Prove Capability, Not Just Claim It

In KL3, LLC v. United States, U.S. Court of Federal Claims, No. 24-2028 (June 2, 2025, reissued June 12, 2025), KL3 challenged the Department of Defense’s award of two sole-source contracts under the SBA’s 8(a) program,...more

Bradley Arant Boult Cummings LLP

SBA OHA: Compliance with Limitations on Subcontracting Can Rebut Ostensible Subcontractor Affiliation

On May 2, 2025, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) issued a significant decision in Size Appeal of Bowhead Enterprise, Science, and Technology, LLC, SBA No. SIZ-6352. The...more

Gordon Rees Scully Mansukhani

May 2025 Government Contracts Legal Update and Podcast

Gordon Rees Scully Mansukhani presents the latest insights from our Government Contracts group, offering a comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses...more

Bradley Arant Boult Cummings LLP

Understanding Small Business Size and Status Protests and Appeals: A Guide for Government Contractors

In the highly competitive world of federal government contracting, a firm’s small business size or socioeconomic status can determine its eligibility for lucrative set-aside contracts. For competitors and interested parties,...more

Schwabe, Williamson & Wyatt PC

Anchorage Hosts SBA Tribal Meeting to Discuss 8(a) Program Efficiency

On May 9, 2025, the Small Business Administration (SBA) published a notice that it will be holding a tribal consultation on June 13, 2025, at 9:30 am in Anchorage, to receive comments on the following: 1. How the 8(a)...more

Bradley Arant Boult Cummings LLP

How to Become a U.S. Government Contractor: A Legal Guide to the Basics

For many businesses, contracting with the U.S. government represents a significant opportunity for stable and often long-term revenue. However, doing business with the federal government comes with unique requirements,...more

Bass, Berry & Sims PLC

Small Business Size Protest Minute: The Ostensible Subcontractor Exception that (Almost) Swallowed the Rule

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As many of our readers know, the ostensible subcontractor rule is one way in which the Small Business Administration (SBA) can find affiliation between a small business and one of its subcontractors, potentially resulting in...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

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit, addressing a proposal timely submitted but received late, and two decisions from the U.S. Government...more

Morrison & Foerster LLP - Government...

Enforcing New Recertification Rules: Changes to SBA’s Size Protest Regulations

We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. Today, we focus on revisions to the regulations governing size protests and requests for formal...more

Bass, Berry & Sims PLC

Bid Protest Minute: Bidders Beware – Clearly Stated Solicitation Requirements Control

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On November 15, the Government Accountability Office (GAO) denied a protest from AtVentures, LLC, a mentor-protégé joint venture, who challenged its exclusion from consideration for award on the basis that it was able to use...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 12

Jenner & Block on

Claims Updates - Associated Energy Group, LLC v. The United States and Kropp Holdings, Inc., No. 23-20 47 (July 2, 2024) - Associated Energy Group, LLC (AEG) challenged the award by Defense Logistics Agency (DLA) for a...more

Jenner & Block

Government Contracts Legal Round-Up | 2024 Issue 1

Jenner & Block on

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Holland & Knight LLP

End of Fiscal Year Awards: Know Your Debriefing and Protest Procedures, Deadlines

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As in prior years, the upcoming end of the federal fiscal year will be marked by a flurry of contract and task order awards, as federal agencies busily obligate remaining fiscal year 2023 appropriated funds while still...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – August 2023 #3

PilieroMazza PLLC on

Department of Labor (DOL) Announces Final Rule to Modernize Davis-Bacon Act (DBA) - The DOL announced the issuance of the final rule “Updating the Davis-Bacon and Related Acts Regulation” to update regulations that...more

Morrison & Foerster LLP - Government...

March 2023 Bid Protest Roundup: Review, Self-Certification

This month's bid protest spotlight considers two recent protests. J.E. McAmis Inc. v. U.S. is an important decision by the U.S. Court of Federal Claims concerning the court's lack of authority to review the U.S. Small...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – April 2023 #2

PilieroMazza PLLC on

Federal Acquisition Regulation: Small Business Innovation Research and Technology Transfer Programs - The Department of Defense, General Services Administration, and National Aeronautics and Space Administration will...more

Morrison & Foerster LLP - Government...

February 2023 Bid Protest Roundup: Lessons For Joint Ventures

The common theme of this month’s Law360 Bid Protest Roundup is a seemingly hot topic these days: joint ventures. One recent Government Accountability Office (“GAO”) decision and one recent U.S. Court of Federal Claims...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider - February 2023

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In January, the OMB implemented the following new policies designed to strengthen the federal contracting system. On January 10, 2023, the OMB issued a memorandum on the subject of Strengthening Support for Federal...more

Venable LLP

Federal Circuit Clarifies Bid Protest Jurisdiction Over SBA Size Determinations

Venable LLP on

While it is well settled that the U.S. Court of Federal Claims (the Claims Court) lacks bid protest jurisdiction over the majority of task or delivery order awards, the U.S. Court of Appeals for the Federal Circuit recently...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider

Venable LLP on

Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – December 2022

PilieroMazza PLLC on

GOVERNMENT CONTRACTS - 2022 GAO Bid Protest Annual Report: Key Takeaways for Government Contractors - The Government Accountability Office (GAO) recently released its 2022 Bid Protest Annual Report (Report), which...more

Morrison & Foerster LLP - Government...

May 2022 Bid Protest Roundup: Errors, Subcontractors, Bundling

This month's bid protest spotlight focuses on one recent U.S. Court of Federal Claims decision and two U.S. Government Accountability Office decisions. While all three protests were unsuccessful, each serves as a different...more

PilieroMazza PLLC

Don’t Delay: How the Harmonia Decision Impacts Contractors’ Ability to Win Protests

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A highly anticipated decision recently issued by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) represents the latest development in the Blue & Gold line of precedent regarding the timeliness of bid...more

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