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Hello Q4: SBA Clarifies 8(a) Sole Source Rules, Individual 8(a)s Have More Options for Larger Awards

The government's fiscal year ("FY") is coming to an end on September 30, which means the need for agencies to spend "use it or lose it" contracting dollars will steadily increase over the next couple of months. And, while the...more

DoD Issues Proposed Rule to Address Domestic Preferences for Defense Contracts

On June 9, 2023, the Department of Defense (“DoD”) issued a proposed rule to address domestic preferences – the Buy American Act – in DoD procurements. The proposed rule follows updates to the Federal Acquisition Regulation...more

FAR Council Publishes Rule to Ban TikTok Applications in Government Contracting

Last Friday, the Federal Acquisition Regulatory Council published an interim final rule ("IFR") to ban the use of a ByteDance Covered Application (i.e., TikTok) in government contracting. The IFR is effective June 2, 2023....more

Joint Venturers Beware – Underestimating the Importance SAM Registrations Can Sink Your Proposal

Protests filed at the U.S. Court of Federal Claims (“COFC”) differ in many ways from protests before the U.S. Government Accountability Office (“GAO”). For example, protests before GAO are uniform given that they are...more

7 Reasons to Intervene in Bid Protests

Every federal contractor knows how difficult it is to win a government contract. Indeed, contractors often start pursuing larger contracts or vehicles well over a year before the solicitation is even published. And, while...more

FY23 NDAA Includes Inflation Relief for Defense Contractors

Recently, the U.S. House of Representatives and Senate overwhelmingly approved the National Defense Authorization Act for Fiscal Year 2023 (“FY23 NDAA”). The legislation is welcome news for both the Department of Defense...more

SBA Inflationary Increase: Size Standards, Economic Disadvantage, and 8(a) Sole Source Thresholds

On November 17, 2022, the Small Business Administration (“SBA”) issued a final rule and several interim final rules effective December 19, 2022 that upwardly adjust some of SBA’s monetary thresholds for inflation. The changes...more

DoD Launches ESOP Pilot: Sole Source Follow-On Contracts Limited to Nine Entities

Recently, the Department of Defense (“DoD”) issued a memorandum to launch a pilot program that will enable certain contractors owned under an employee stock ownership plan (“ESOP”) to receive sole source follow-on awards....more

Proposed Climate Rule Presents Substantial Compliance Burdens on Federal Contractors

On November 14, 2022, the Federal Acquisition Regulatory Council (“FAR Council”) issued a proposed rule that will have a sweeping impact on nearly all federal contractors. To implement the policies in Executive Order 14030...more

Transportation Moving Forward with Buy America Relief for Certain Contracts

The landmark Bipartisan Infrastructure Law (“BIL”) is a once-in-a-generation initiative to address aging U.S. infrastructure needs and equalize greater access to public resources. While the Administration continues to move...more

Buy American Act Content Requirements Are Tightening Again, Are You Prepared?

Numerous changes to the Buy American Act (“BAA”) have been proposed and implemented in recent years, with another one coming this week.  Beginning today, on October 25, 2022, the domestic content requirement for components in...more

Safer Federal Workforce Posts Update on Contractor Vaccine Mandate

On October 19, 2022, the Safer Federal Workforce Task Force published an update for federal contractors regarding new guidance from the Office of Management and Budget (“OMB”) on the contractor vaccine mandate....more

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