The recent rewrite of the Federal Acquisition Regulation (FAR) Part 6—governing “Competition Requirements”—is prompting questions about whether the changes may signal a shift in federal small business contracting policy. In...more
A True Path to Making America Great: Supporting Small Businesses and the Rule of Two - Recently, there has been a good deal of speculation about whether the so-called “Rule of Two” will continue to exist after the Federal...more
Recently, there has been a good deal of speculation about whether the so-called “Rule of Two” will continue to exist after the Federal Acquisition Regulation (FAR) overhaul that is currently ongoing. Specifically, whether FAR...more
On January 20, President Donald Trump issued an executive order titled “Ending Radical and Wasteful Government DEI Programs and Preferencing.” The order states that it ends “all discriminatory and illegal preferences,...more
On October 25, the Small Business Administration proposed a rule intended to increase small business participation in multiple-award contracts. The rule would apply the “Rule of Two” to task and delivery orders issued under...more
Today, the Small Business Administration issued a proposed rule that would expand the application of the "rule of two" (for small business) to orders under multiple award contracts. The proposed rule is welcome news for small...more
As we head into the new year, it seems like a good time to check-in on the adjusted small business set-aside thresholds for 2022. As you may recall, the threshold are tied both to the micro-purchase threshold and the...more
The Court of Federal Claims (COFC) recently affirmed that agencies are required to apply the “Rule of Two” to all federal acquisitions in its decision of Tolliver Grp., Inc. v. United States. Further, agencies must give a...more
The Federal Circuit issued just one precedential opinion last week. But it’s an interesting one: The Court exercised its discretion to reach (or rather, avoid) a constitutional issue not pressed or passed upon by the trial...more
Veteran-Owned Business Priority - In 2016, the U.S. Supreme Court surprised many by hearing a bid protest concerning the application of the "Rule of Two" for veteran-owned small businesses in procurements run by the U.S....more
The Government Accountability Office (GAO) recently sustained a protest that challenged the Department of Veterans Affairs’ (VA) failure to set aside an acquisition for Service-Disabled Veteran-Owned Small Businesses (SDVOSB)...more
The U.S. Government Accountability Office (GAO) ruled on Dec. 20, 2019, that the "Rule of Two" of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (VBA) does not require the U.S. General Services...more
GAO has decided that the Rule of Two is mandatory and universal, and that it applies even when the VA seeks to acquire goods and services through other government agencies. Another attempt by the VA to limit the...more
In its most recent attempt to strike the appropriate balance between the Veterans First and AbilityOne programs, the U.S. Department of Veterans Affairs (“VA”) issued on May 20, 2019 a class deviation to the VA Acquisition...more
In 2018, three particularly important decisions were issued that will have a significant impact on bid protest law for years to come: Dell Federal Systems LP v. United States, PDS Consultants Inc. v. United States, and Oracle...more
The U.S. Court of Appeals for the Federal Circuit recently affirmed a May 2017 Court of Federal Claims decision requiring the U.S. Department of Veterans Affairs (“VA”) to give veteran-owned small businesses first priority...more
The U.S. Court of Appeals for the Federal Circuit finds the Department of Veterans Affairs’ (VA) Rule of Two takes priority over older and less specific statutory procurement mandates. The Federal Circuit found that the VA...more
The U.S. Court of Federal Claims ("COFC") recently ruled that the Department of Veterans Affairs ("VA") must apply the "Rule of Two" before consulting the AbilityOne list when buying goods and services....more
On June 6, 2017, a bipartisan pair of lawmakers introduced a bill in the U.S. House of Representatives, H.R. 2781, known as the Ensuring Veteran Enterprise Participation in Strategic Sourcing Act (“Bill”), which, if passed,...more
GOVERNMENT CONTRACTS - Payment of Subcontractors - The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (‘NASA”), have issued a final rule...more
On June 16, 2016, the United States Supreme Court ruled that the Department of Veterans Affairs (VA) must apply the “Rule of Two” in all contracting decisions in Kingdomware Technologies, Inc. v. United States, 136 S.Ct. 1969...more
GOVERNMENT CONTRACTING - Category Management: What Contractors Need to Know - In December 2014, the Office of Management and Budget (OMB) announced a new initiative called Category Management. This policy could...more
The recently decided case of Kingdomware Technologies, Inc. v. United States marks a big win for small business-owning veterans. The Supreme Court unanimously decided that the Department of Veterans Affairs (VA)...more
The U.S. Supreme Court’s ruling last week in Kingdomware Techs., Inc. v. U.S. should create more opportunities for veteran-owned and service-disabled veteran-owned small businesses (collectively, "VOSBs") to win contracts...more
On June 16, 2016 the Supreme Court of the United States (“SCOTUS”) issued its much anticipated decision in the Kingdomware Technologies, Inc. v. United States case (“Kingdomware”). One of two important cases, both decided on...more