A recent dispute between a government contractor and the Army in the Court of Federal Claims has raised the issue of whether procedures for validating restrictions on technical data apply to military contractors’ vendor...more
On November 8, 2019, the Small Business Administration (SBA) released an expansive proposed rule to merge its two mentor-protégé programs, while also modifying a number of rules applicable to participants in the program....more
In line with recent actions taken across the government to enhance the resilience of the nation’s cybersecurity apparatus, the Cybersecurity Infrastructure Security Agency (CISA) recently released a set of best practices for...more
11/21/2019
/ Best Practices ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Defense (DOD) ,
Information Technology ,
National Security ,
Popular ,
Small Business
On October 31, 2019, President Trump signed Executive Order (EO) 13897 – “Improving Federal Contractor Operations by Revoking Executive Order 13495.” Taking effect immediately, EO 13897 revokes EO 13495 previously issued by...more
Given the continued high volume of mergers and acquisitions (M&A) transactions in the federal marketplace, buyers and sellers need to be aware of the developing body of case law at Government Accountability Office (GAO) and...more
10/29/2019
/ Acquisitions ,
Bid Protests ,
Buyers ,
COFC ,
Due Diligence ,
Federal Contractors ,
GAO ,
Mergers ,
Risk Mitigation ,
Sellers ,
Standing
A recent decision by the U.S. Court of Federal Claims in Bitmanagement Software GMBH vs. The United States determined the United States was not liable for copyright infringement because, based on the interactions between the...more
In 2016, the Small Business Administration (SBA) established a new government wide mentor-protégé program for small businesses called the All Small Mentor-Protégé Program (ASMPP). The purpose of the program was for...more
A major shift in cybersecurity requirements for Department of Defense (DoD) contractors is about to come into effect—earlier this month the DoD released for public comment the long-anticipated Version 0.4 of the draft...more
10/1/2019
/ Auditors ,
Certification Requirements ,
Controlled Unclassified Information (CUI) ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Defense (DOD) ,
Federal Contractors ,
Public Comment ,
Third-Party Service Provider
A recent decision in Sotera Defense Solutions, Inc. v. Department of Agriculture, CBCA 6029, 6030, by the United States Civilian Board of Contract Appeals (CBCA), upheld a contract provision that imposed greater obligations...more
9/23/2019
/ Appeals ,
CBCA ,
Contract Claims ,
Contract Disputes ,
Contract Terms ,
Department of Labor (DOL) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Liability ,
Service Contract Act ,
Wage and Hour
The Department of Defense (DoD) Inspector General recently issued a report summarizing the findings of an audit into the protection of Controlled Unclassified Information (CUI) on contractor networks. Based on an in-depth...more
8/7/2019
/ Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
National Security ,
NIST ,
Risk Mitigation
Late last month, the Small Business Administration’s (SBA) Office of Hearings & Appeals (OHA) issued a decision adhering to its prior line of cases discussing when present effect will be given to an indication of interest...more
December of 2018 brought many potential changes to the U.S. Small Business Administration’s (SBA) regulations that impact small businesses. First, on December 4, 2018, the SBA issued a lengthy proposed rule implementing...more
1/11/2019
/ Federal Contractors ,
Independent Contractors ,
NAICS ,
NDAA ,
New Legislation ,
Proposed Amendments ,
Proposed Regulation ,
Public Comment ,
Recertification ,
SBA ,
Set-Aside Contracts ,
Small Business ,
Subcontractors ,
Trump Administration
On December 21, 2018, the U.S. Government Accountability Office (GAO) published a report analyzing contract and grant awards of Small Business Innovation Research (SBIR) funding to small businesses owned by multiple venture...more
On November 5, 2018, the Federal Circuit held in a precedential decision that bonding requirements in FAR 52.228-15, “Performance and Payment Bonds—Construction,” were read into all construction contracts by operation of law...more
• Mandatory declarations of certain transactions now required
• Certain changes to pre-existing regulations also announced and effective immediately
• Mandatory declaration requirement may not ease burden on parties...more
11/1/2018
/ Acquisitions ,
CFIUS ,
Controlled Foreign Corporations ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Mandatory Declarations ,
National Security ,
New Rules ,
Notice Requirements ,
U.S. Treasury
Conditioned Agreements to Negotiate (CAN) -
When acquiring or selling small businesses, government contractors need to be cognizant of the Small Business Administration’s (SBA) “present effect rule.” Under this rule, SBA...more
10/30/2018
/ Acquisitions ,
Affiliated-Business Arrangements ,
Agreement To Negotiate ,
Business Ownership ,
Buyers ,
Contract Negotiations ,
Due Diligence ,
Federal Contractors ,
Letters of Intent ,
Office of Hearings and Appeals (OHA) ,
SBA ,
Sellers ,
Selling a Business ,
Small Business ,
Terms and Conditions
On September 24, 2018, the U.S. Department of Veterans Affairs (VA) issued a final rule that alters its regulations governing the Veteran-Owned Small Business Verification Program. The final rule, “VA Veteran-Owned Small...more
9/26/2018
/ Department of Veterans Affairs ,
Federal Contractors ,
Final Rules ,
Joint Venture ,
NDAA ,
New Rules ,
Ownership Rules ,
SBA ,
SDVOSB ,
Small Business ,
Vendors ,
Verification Requirements ,
Veterans
• FIRRMA would significantly expand CFIUS jurisdiction.
• Mandatory filing would be required in some cases.
• Parties that protect and maintain personal information are likely to face more scrutiny....more
7/13/2018
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
Filing Fees ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Joint Venture ,
Jurisdiction ,
National Security ,
National Security Review Proceedings ,
Personal Data ,
Proposed Legislation ,
Risk Mitigation ,
Technology Sector ,
Trump Administration
In early April, the GAO issued a final rule revising the existing bid protest process—the major revisions being the introduction of an Electronic Protest Docketing System (EPDS) and a protest filing fee. When the rule takes...more
Congress created the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs in 1982 and 1992, respectively. These programs require certain government agencies to set aside a...more
In late March, Tennessee Governor Haslam proposed an amended budget for the fiscal year beginning July 1, 2018, which included $3 million toward LaunchTennessee Grants—demonstrating that Tennessee’s implementation of a...more
On March 12, 2018, President Trump blocked Broadcom, a Singapore-based semiconductor manufacturer, from pursuing the purchase of U.S.-based Qualcomm, a rival chip maker. Broadcom’s offer, reportedly for $117 billion or...more
The National Institute of Standards and Technology (NIST) is responsible for developing information security standards and guidelines—including minimum requirements for federal information systems. At the end of February,...more
On January 24, 2018, the Government Accountability Office (GAO) denied a bid protest that in part, focused on the issue of price credit. VT Halter Marine, Inc. (VT) protested the award of a Department of the Army contract—for...more
Teaming Arrangements under the FAR -
Under Federal Acquisition Regulation (FAR) 9.6, a contractor teaming arrangement is when:
1. Two or more companies form a partnership or joint venture to act as a potential prime...more