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SBA Eliminates Self-Certification for SDVOSBs

The U.S. Small Business Administration (SBA) recently issued a direct final rule that eliminates self-certification for service-disabled veteran-owned small businesses (SDVOSBs). The SBA’s final rule — which implements a...more

Bid Protests in Illinois

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (e.g., our posts on “Bid Protests in North Carolina,” “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,”...more

SAM Registration Lapse Can Now Cost You a Contract Award

The Government Accountability Office (GAO), in TLS Joint Venture, LLC, B-422275, recently sustained a bid protest alleging that the contract awardee’s System for Award Management (SAM) registration lapsed between the...more

Domestic Preference Development: New DFARS Buy American Act Requirements

In 2024 the White House continues to place an emphasis on the U.S. Government’s longstanding domestic purchase preferences. The latest update implementing the domestic purchase preference is the Department of Defense’s Final...more

Bid Protests in Pennsylvania

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on bid protests in North Carolina, Georgia, the District of Columbia, New York, Virginia, and Alabama)....more

PPP and Pandemic Fraud Recoveries Significant for DOJ in FY 2023

The Department of Justice (DOJ) recently announced that it obtained more than $2.68 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending September 23, 2023. DOJ reports that “matters that...more

Procurement Fraud Recoveries Substantial for DOJ in FY 2023

The Department of Justice (DOJ) recently announced that it obtained more than $2.68 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending September 23, 2023. Notably, DOJ reports that...more

Bid Protests in North Carolina

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,” “Bid Protests in New York,”...more

Subcontractors’ COVID-19-Related Claims Survive Motion to Dismiss

In the Armed Services Board of Contract Appeals (ASBCA) appeal of McCarthy HITT – Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (Dec. 20, 2023), a contractor brought suit for a collection of COVID-19-related claims on...more

Déjà Vu for Federal Contractors with Salary History Ban?

On January 30, 2024, the Biden administration proposed a rule (the Salary Rule) that would amend the Federal Acquisition Regulation (FAR) to “prohibit contractors and subcontractors from seeking and considering information...more

FEMA Public Assistance Arbitrations at the CBCA

The Federal Emergency Management Agency (FEMA) provides funding to eligible applicants under the Public Assistance (PA) program to help applicants in responding to and recovering from presidentially declared major disasters...more

Bid Protests in Georgia

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on “Bid Protests in the District of Columbia,” “Bid Protests in New York,” “Bid Protests in Virginia,”...more

Bid Protests in the District of Columbia

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our post on “Bid Protests in New York,” “Bid Protests in Virginia,” and our “Update on Bid Protests in Alabama”)....more

The 5 Most Important Bid Protest Decisions Of 2023

In 2023, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five bid protest decisions worthy of note: This article provides summaries and discusses how these cases might shape future bid...more

CBCA Issues Annual Report

The Civilian Board of Contract Appeals (CBCA) recently published its annual report, providing key statistics on cases filed at and adjudicated by the CBCA in Fiscal Year (FY) 2023. Of note, the CBCA found in favor of the...more

Bid Protests in Virginia

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our post on “Bid Protests in New York” and our “Update on Bid Protests in Alabama”). For the next state in this...more

Unpacking GAO's FY 2023 Bid Protest Report

The U.S. Government Accountability Office's recently issued annual bid protest report is noteworthy because it shows that 31% of bid protests were sustained — more than double the rate for prior years— and that protesters...more

Size Protest Amendments to the FAR Are Coming

The U.S. Small Business Administration (SBA) has made multiple changes to its regulations over the last decade, including final rules published in the Federal Register on October 2, 2013 (78 FR 61113), October 16, 2020 (85 FR...more

Contractor Recovers COVID-19-Related Additional Costs

The Armed Services Board of Contract Appeals (ASBCA), in the case of StructSure Projects, Inc., recently granted COVID-19-related costs to a contractor under a fixed-price contract. The key facts, holdings, and takeaways from...more

SBA Finalizes Rule on Increased Size Standards and Program Thresholds

The U.S. Small Business Administration (SBA) recently issued a rule that finalizes, without change, the SBA’s November 17, 2022 interim provisions that adjusted monetary-based industry size standards (i.e., receipts-and...more

Falsely Certifying Receipts for Small Business Government Contractors Can Result in False Claims Act Liability

The U.S. District Court for the District of Columbia, in U.S. ex rel. Bid Solve, Inc. v. CWS Marketing Group, Inc., et al., recently issued a decision in a False Claims Act (FCA) case that has potentially far-reaching...more

So Now There’s a TikTok Ban for Government Contractors

On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule to implement a new statutory requirement that, in short, bans the TikTok app from devices used in...more

GAO Issues Another Noteworthy Protest Decision on Joint Venture Experience

We recently reported on the Government Accountability Office’s (GAO) decision in AttainX. As we explained, the AttainX decision is noteworthy because the GAO held that, notwithstanding the fact that a solicitation does not...more

5/22/2023  /  GAO , Joint Venture , New Regulations , SBA

HUBZone Appeals Are Coming May 10!

Section 864 of the National Defense Authorization Act for Fiscal Year 2022 authorized the U.S. Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) to decide all appeals from Historically Underutilized...more

GAO Issues Noteworthy Protest Decision on Joint Venture Experience

The Government Accountability Office (GAO), in AttainX, recently sustained a bid protest where the protester argued that the agency’s evaluation was inconsistent with the Small Business Administration’s (SBA) regulations...more

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