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Agency’s Silence is Golden for Protester

GAO sustains protest because the agency failed to respond to a protest allegation and did not recognize discriminators during the evaluation. A recent GAO decision provides a rare example of GAO sustaining a protest when...more

Significant Changes to the SBIR and STTR Programs

In the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022, Congress reauthorized these programs for another three years and added new requirements to reduce foreign...more

SBA Issues Final Rule to Take Control of All Veteran-Owned Certifications

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

SBA Proposes Rule to Take Control of All Veteran-Owned Certifications

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

SBA Proposes Rule to Amend Employee-Based Size Standards

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

11/9/2021  /  NDAA , Proposed Rules , SBA , Small Business

DOJ Announces Civil Cyber-Fraud Initiative to Combat Cybersecurity Threats

DOJ launches new initiative that promises to use the False Claims Act to combat cybersecurity threats by targeting government contractors who knowingly fail to comply with cybersecurity protocols. The Civil Cyber-Fraud...more

ASBCA Takes on Contract Dispute Without Jurisdiction Under the Contract Disputes Act

Agency agreements with the ASBCA allow the Board to adjudicate contract disputes outside the purview of the Contract Disputes Act. The ASBCA can take jurisdiction over contract disputes pursuant to agency agreements with...more

New Procurement Integrity Act Decision Reminds Contractors of Its Scope and the Potential Remedies for a Violation

The Armed Services Board of Contract Appeals rules against the government on summary judgment but reminds offerors of the importance of understanding this key procurement law. The Procurement Integrity Act (PIA) governs...more

Numerous Jurisdictions Have Now Issued COVID-19 Orders Impacting Government Contractors

Varied Executive Orders, in increasing numbers, have closed nonessential businesses and services across the country, with a variety of implications for government contractors. An increasing number of States—now numbering...more

Small Business Runway Act to Become Effective January 6, 2020

SBA’s final rule extends the measurement period from three to five years for contractors under receipts-based size standards to determine eligibility as a small business for federal procurements, including set-aside...more

Court of Federal Claims Clarifies Limits of Task Order Protest Jurisdiction

Court holds it lacks jurisdiction over protests of task order modifications within scope of underlying IDIQ contract. The COFC generally is barred by statute from hearing bid protests in connection with the issuance of...more

SBA to Adjust Small Business Size Standards for Inflation

The interim rule increases all small business revenue-based size standards, allowing many businesses to regain small business status or to remain a small business for longer. SBA is increasing the revenue-based size...more

SBA Proposes Rule To Implement Runway Act

SBA’s proposed rule extends the measurement period from three to five years for contractors under revenue-based size standards to determine eligibility as a small business for federal procurement, including set-aside...more

GAO Highlights Responsibility Exception to “Late Is Late” Rule

Recent GAO protest decision highlights the case law-derived exception to the “late is late” rule for responsibility-related proposal documents. The FAR “late is late” rule requires rejection of untimely filed proposal...more

The SBA Rules When a Letter of Intent Creates Affiliation

Two recent Office of Hearings and Appeals (OHA) rulings provide much needed guidance as to whether a letter of intent (LOI) will create an affiliation, potentially rendering a small business ineligible to bid on small...more

Section 809 Panel Installment One: Expanding Agency Procurement Discretion, Narrowing Contractors’ Bid Protest Rights Recommended

Several of the “Section 809” Panel’s recommendations would change the procurement landscape by significantly curtailing the bid protest process and limiting judicial review of procurement decisions. The Section 809 Panel...more

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