News & Analysis as of

Federal Contractors Federal Acquisition Regulations (FAR) Small Business Administration

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Weekly Update for Government Contractors and Commercial Businesses – August 2024 #4

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Department of Labor (DOL) Final Rule: DOL Acquisition Regulation (DOLAR), DOLAR System On August 16, DOL published a final rule amending the DOLAR to remove redundant provisions and codify contractual requirements for...more

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Trials and Trib(e)ulations: SBA Seeks Tribal Consultation on Eligibility, Funding, and Contract Competition

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Government contractors who are members of a tribal nation should be aware of the meetings listed below and a listening session the Small Business Administration (SBA) is hosting regarding important developments within the...more

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Weekly Update for Government Contractors and Commercial Businesses – August 2024

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Prepare to (Semi)Conduct Your Due Diligence! Proposed Rule to Prohibit Certain Semiconductor Products and Services - Whether you’re aware or not, semiconductors are part of a vast variety of electronics. Semiconductors...more

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Weekly Update for Government Contractors and Commercial Businesses – July 2024 #3

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General Services Administration (GSA) News Release: GSA Issues Draft Solicitation for Leasing Support Services - On July 8, GSA issued a draft solicitation for the next generation of the GSA Leasing Support Services...more

Schwabe, Williamson & Wyatt PC

Chevron and Government Contracting

The decision to overrule Chevron will likely have impacts on government contracting. A vast array of government contracting regulations that control contracts, such as Davis-Bacon Act requirements, Service Contract Act...more

Morrison & Foerster LLP - Government...

OHA Rules Company Remains Eligible For Award Of Small Business Set-Aside Schedule Orders Even After Acquisition By A Large...

The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from...more

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Weekly Update for Government Contractors and Commercial Businesses – June 2024 #3

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Broken Promises: The Government’s Ability to Trick Contractors and Get Away With It (Maybe) As the government embraced the digital age in the years after COVID-19, its need for new software and technologies skyrocketed....more

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Weekly Update for Government Contractors and Commercial Businesses – May 2024 #4

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Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR) - In recent years, the U.S. government made sustainability a priority in its procurement practices. To accomplish this goal, the FAR...more

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Weekly Update for Government Contractors and Commercial Businesses – May 2024 #2

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Federal Trade Commission (FTC) Final Rule: Non-Compete Clause (Non-competes) Rule - On May 6, FTC published a final rule deeming an unfair method of competition for persons to enter non-competes with workers. For existing...more

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Is It Time for Regulations on GSA’s Contractor Teaming Arrangements?

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In the late 1990s, the General Services Administration (GSA) created the concept of Contractor Teaming Arrangements (CTAs). Unlike the contractor teaming arrangements described under FAR 9.601, which simply describe a joint...more

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Weekly Update for Government Contractors and Commercial Businesses – April 2024 #4

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Federal Acquisition Regulation (FAR) Council Final Rule: Sustainable Procurement - On April 22, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a...more

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Weekly Update for Government Contractors and Commercial Businesses – April 2024 #2

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Federal Acquisition Regulation (FAR) Council Notice:  FAR Part 40, Information Security and Supply Chain Security, Request for Information (RFI) - On April 10, the General Services Administration, Department of Defense,...more

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Weekly Update for Government Contractors and Commercial Businesses – April 2024

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Federal Acquisition Regulation (FAR) Council Final Rule: Establishing FAR Part 40 - On April 1, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a...more

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Novation and Recertification Requirements: A Post-Closing Guide for GovCon M&A Deals

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After the sale or acquisition of a business or its assets, there are often one or more post-closing requirements that business owners must complete. In deals involving government contractors, two of these requirements are...more

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Weekly Update for Government Contractors and Commercial Businesses – March 2024 #2

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Keys to Avoiding GAO’s Timeliness Trap - GAO’s recent decision in Marathon Medical Corporation provides a cautionary tale for government contractors seeking to protest the terms by which an agency conducts a procurement....more

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Weekly Update for Government Contractors and Commercial Businesses – March 2024

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House Passes $460 Billion Package of Spending Bills. Senate Expected to Act Before Shutdown Deadline, Federal News Network - The House passed a $460 billion package of spending bills Wednesday that would keep money...more

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Decoding the 2024 NDAA: Implications for Defense Contractors Small and Large

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The National Defense Authorization Act (NDAA) for Fiscal Year 2024 (FY24), signed into law on December 22, 2023, signals significant changes across the defense acquisition and contracting landscape. These changes are poised...more

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Weekly Update for Government Contractors and Commercial Businesses – February 2024 #5

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Federal Acquisition Regulation (FAR) Council - Final Rule: FAR, Trade Agreements Thresholds: On February 23, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration...more

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Weekly Update for Government Contractors and Commercial Businesses – February 2024 #4

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General Services Administration (GSA) Final Rule: GSA Acquisition Regulation (GSAR), Removing Small Disadvantaged Business Program Requirements to Align with the FAR - On February 15, GSA published a Final Rule amending...more

Whitcomb Selinsky, PC

OHA Rules in Favor of Vorago Technologies in Size Determination Appeal

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Vorago Technologies, Inc. recently appealed a size determination that categorized the company as "other than small" and consequently rendered it ineligible for the Small Business Innovation Research (SBIR) program. The U.S....more

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Turning $1.6 Million Into $53 Million: Key Takeaways from Eyebrow-Raising FCA Ruling

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On January 20, 2023, the U.S. District Court for the District of Columbia entered a judgment in the amount of $1,679,450.16 in favor of the U.S. (the government ) in a False Claims Act (FCA) litigation against Gen Digital,...more

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Weekly Update for Government Contractors and Commercial Businesses – February 2024 #3

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Rule of Two Changes: OMB Memo Aims to Make Rule of Two Apply to Task and Delivery Orders and SBA’s Proposed Rules, Coming Soon, Will Shape the Future Procurement Landscape - On January 25, 2024, the White House Office of...more

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Portacool, LLC's Size Determination Upheld in Appeal

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Portacool LLC recently contested a size determination that deemed them ineligible for the designation of a small business. The appeal was based on the argument that the adverse inference drawn by the Area Office was improper....more

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Rule of Two Changes: OMB Memo Aims to Make Rule of Two Apply to Task and Delivery Orders and SBA’s Proposed Rules, Coming Soon,...

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On January 25, 2024, the White House Office of Management and Budget issued a memo, Increasing Small Business Participation on Multiple-Award Contracts, calling for executive agencies to apply the FAR’s Rule of Two to task...more

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Weekly Update for Government Contractors and Commercial Businesses – February 2024 #2

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Federal Acquisition Regulation (FAR) Council Notice:  Small Business Size Rerepresentation - On February 1, the General Services Administration, Department of Defense, and National Aeronautics and Space Administration...more

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