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SBA and ISOO Issue Guidance on Facility Security Clearances for Joint Ventures

On October 5, 2023, the Information Security Oversight Office (ISOO) and the Small Business Administration (SBA) released a Joint Notice that provides guidance on the facility security clearance (FCL) requirements for joint...more

Weekly Update for Government Contractors and Commercial Businesses – June 2023 #5

GOVERNMENT CONTRACTS - GAO Sustains Rare Bid Protest Challenging Agency’s Corrective Action - In February 2023, the Department of Energy (DOE) agreed to take corrective action following three bid protests filed at the...more

GAO Sustains Rare Bid Protest Challenging Agency’s Corrective Action

In February 2023, the Department of Energy (DOE) agreed to take corrective action following three bid protests filed at the Government Accountability Office (GAO).  Thereafter, two of the original protestors, Kupono...more

GAO Sustains Protest Finding Agency’s Failure to Engage in Meaningful Discussions Was Not Cured During Re-Evaluation   

The Government Accountability Office (GAO) recently sustained a protest in Life Science Logistics, LLC, B-421018.2, .3 (April 19, 2023), finding that an agency’s discussions were not meaningful where they did not disclose...more

GAO Confirms Agency Must Consider Experience of Each Partner in a Small Business Joint Venture

Earlier this year, the Government Accountability Office (GAO)—in AttainX, Inc., B-421216, B-421216.2 (Feb. 9, 2023)—clarified that in evaluating the experience of a mentor-protégé joint venture (JV) for a small business...more

SBA’s Proposed Rule Alters the Landscape for Size and Status Protests

​​​​​​​On September 9, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule (the Rule) making substantial changes to the 8(a) Business Development program. Scattered throughout the Rule are various...more

GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members

In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility...more

Weekly Update Newsletter - December 2020 #2

GOVERNMENT CONTRACTS - Key Provisions in the 2021 NDAA for Government Contractors - ‘Tis the season for holiday cheer and the National Defense Authorization Act (NDAA). The NDAA, commonly referred to as “must pass”...more

GAO Clarifies Scope of Its Task Order Protest Jurisdiction

On November 17, 2020, the Government Accountability Office (GAO) dismissed the post-award task order protest of U.S. Information Technologies Corporation (USIT) for lack of jurisdiction.  Task order protests related to...more

Weekly Update Newsletter - December 2019

Client Alert: SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know - On November 29, 2019, the U.S. Small Business Administration (SBA) issued a final rule that will...more

Weekly Update Newsletter - November 2019 #2

Client Alert: This Just In! SBA’s Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon - On November 12-13, 2019, the U.S. Small Business Administration (SBA) hosted its 5th Annual Mentor...more

The 2019 NDAA's Impact on Small Business Programs - Set-Aside Alert

On Aug. 13, the John S. McCain National Defense Authorization Act ("NDM") for Fiscal Year 2019 was signed into law by President Trump. As with prior NDAAs, the 2019 NDM includes a number of provisions that affect procurement...more

Weekly Update Newsletter - May 2018

DEPARTMENT OF DEFENSE - Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts - The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition...more

The Future is Here: GAO Bid Protests to Be Filed Electronically Starting May 1, 2018

On April 2, 2018, the U.S. Government Accountability Office (“GAO”) issued a final rule, which, effective May 1, 2018, implements an electronic filing system for bid protests known as the Electronic Protest Docketing System...more

Why Failing To Intervene In A Bid Protest Could Have Dire Consequences

Imagine that your company has just been awarded a contract after spending significant time and resources identifying a federal business opportunity and developing a winning proposal. Now imagine that just as you are preparing...more

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