The Small Business Administration has issued a direct final rule requiring that Service-Disabled Veteran-Owned Small Businesses be certified by its VetCert program in order for agencies and prime contractors to receive credit...more
In response to the 2024 National Defense Authorization Act (NDAA), the Department of Defense (DoD) issued a class deviation postponing the proposed requirement to disclose greenhouse gas emissions.
On November 14, 2022, the...more
The Small Business Administration (SBA) is consolidating and making significant changes to the Veteran-Owned Small Business and the Service-Disabled Veteran-Owned Small Business programs, including the elimination of...more
The Small Business Administration (SBA) has proposed consolidating and making significant changes to the Veteran-Owned Small Business (VOSB) and the Service-Disabled Veteran-Owned Small Business (SDVOSB) programs, including...more
The Small Business Administration’s final rule requires a 24-month average to calculate a business concern’s number of employees for eligibility purposes in all of its programs.
The 24-month calculation applies to all...more
The final rule provides for additional debriefing rights and clarifies the GAO bid protest stay timeliness rules.
DoD debriefings now must include a redacted version of the source selection decision document for all awards...more
The Small Business Administration is proposing to use a 24-month average to calculate a business concern’s number of employees for eligibility purposes in all of SBA’s programs.
SBA proposes to use a 24-month average...more
The Department of Defense (DoD) issued a final rule on July 9, 2021, requiring contractors to report annually their total labor hours and invoiced amounts for certain service contracts.
Requirement applies to contracts...more
The Department of Defense recently issued a proposed rule that would implement the enhanced debriefing procedures required by Congress in the Fiscal Year 2018 National Defense Authorization Act (FY18 NDAA).
The proposed...more
Rule based upon provisions contained in the Consolidated Appropriations Act of 2021 and the National Defense Authorization Act for Fiscal Year 2021 authorizes many participants in the 8(a) Business Development program to...more
The FY 2020 NDAA mandates the FAR be revised to require Contracting Officers to provide the rationale for award and other information to unsuccessful offerors for task or delivery orders.
Currently, FAR Part 16 only...more
The final rule revises and clarifies numerous provisions in the Small Business Administration’s regulations.
SBA revised the limitation on subcontracting rules for set-aside service contracts by excluding direct costs such...more
Department of Defense issues a final rule limiting the ability of defense agencies to use lowest-price, technically acceptable procurement procedures.
The new rule takes effect on October 1, 2019 and permits defense...more
In this fourth and final installment of our Section 809 Panel alerts, we explore the recommended changes to update and eliminate burdensome aspects of certain socioeconomic and small business requirements for Department of...more
1/30/2019
/ Berry Amendment ,
Buy American Act ,
Davis-Bacon Act ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NDAA ,
Recordkeeping Requirements ,
Service Contract Act ,
Set-Asides ,
Small Business
The Section 809 Panel has issued its final report with additional recommendations to streamline the DoD acquisition process, some of which would make revolutionary changes.
The Section 809 Panel is a Congressionally...more
Contractors will soon have additional legal authority to demonstrate to civilian agencies that a best value tradeoff process should be employed.
Congress’ trend of limiting the use of the LPTA process continues....more
President Donald Trump signed the Fiscal Year 2019 National Defense Authorization Act, which authorizes a top-line budget of $717 billion and includes significant provisions for government contractors.
DoD is required to...more
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
In a recent decision, GAO addressed timeliness rules for enhanced debriefing situations.
Enhanced Debriefing rule does not alter GAO timeliness rules....more
7/31/2018
/ Bid Protests ,
CICA ,
Debriefing ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Filing Deadlines ,
GAO ,
NDAA ,
Offerors
New DoD rules enhance contractors’ post-award debriefing rights.
New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more
On January 29, 2018, the U.S. Small Business Administration (SBA) proposed to significantly amend its regulations to standardize and clarify the ownership and control standards required for qualifying as either a...more
2/8/2018
/ Department of Veterans Affairs ,
NDAA ,
Office of Hearings and Appeals (OHA) ,
Ownership Rules ,
Proposed Rules ,
Public Comment ,
Rebuttable Presumptions ,
SBA ,
SDVOSB ,
Small Business ,
Veterans ,
VOSB
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
For Department of Defense (DoD) acquisitions, the Conference Report for FY 2018 NDAA includes enhanced debriefing rights and pilot program for protester payment of Government costs for denied GAO bid protests.
Enhanced DoD...more
On December 23, 2017, President Obama signed the 2017 National Defense Authorization Act (NDAA), which contains changes to the Government Accountability Office’s (GAO) jurisdiction over contractor bid protests of task order...more
Two new statutes—the 2017 National Defense Authorization Act (NDAA) and the GAO Civilian Task and Delivery Order Protest Authority Act of 2016 (Civilian Task Order Act)—greatly impact the ability of government contractors to...more