News & Analysis as of

Small Business COFC

Wiley Rein LLP

SBA Proposes Significant Changes to Multiple Programs and Policies

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WHAT: The U.S. Small Business Administration (SBA) issued a proposed rule that’s directed principally at amending its regulations governing the Historically Underutilized Business Zone (HUBZone) program, but also proposes...more

Fox Rothschild LLP

Can the Government Ignore Red Flags of Set-Aside Fraud?

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The Federal Government is committed to developing its relationship with small and disadvantaged businesses through set-aside contracts that incentivize and protect these companies from competing with large, established...more

Whitcomb Selinsky, PC

Bid Protester Loses Claim Regarding Small Business Set Aside

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American Relocation Connections L.L.C. (ARC) appealed a decision by the Court of Federal Claims (COFC) granting judgment in favor of the U.S. government. The decision was based on ARC’s pre-award bid protest to a Customs and...more

Maynard Nexsen

Joint Venturers Beware – Underestimating the Importance SAM Registrations Can Sink Your Proposal

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Protests filed at the U.S. Court of Federal Claims (“COFC”) differ in many ways from protests before the U.S. Government Accountability Office (“GAO”). For example, protests before GAO are uniform given that they are...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider

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Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more

Pillsbury Winthrop Shaw Pittman LLP

COFC Splits with GAO on Key Personnel Availability Notifications

A Court of Federal Claims decision holds that offerors do not have a duty to inform agency of changes to key personnel availability after submission of proposal. - The decision departs from well-settled GAO precedent. -...more

PilieroMazza PLLC

Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference

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In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more

Sheppard Mullin Richter & Hampton LLP

“What’s In A Name?”: Federal Circuit Holds Claims Court Blurred Distinction Between ‘Size Protests’ And ‘Bid Protests’ In...

Many small businesses learn the hard way that a “bid protest” and a “size protest” differ in much more than name only. Whereas generally a “bid protest” challenges agency action taken in connection with a procurement and can...more

Morrison & Foerster LLP - Government...

May 2021 Bid Protest Roundup (Law360 Spotlight)

This month’s Bid Protest Roundup (featured on Law360) examines three recent decisions by the U.S. Government Accountability Office (GAO) and the Court of Federal Claims (COFC). The first, Tridentis, LLC, highlights the...more

Bass, Berry & Sims PLC

Bleak House Redux: Another Federal Circuit Win in Protracted Protest Litigation

As we previously discussed in a 2019 blog post, since 2018 Bass, Berry & Sims Government Contracts and Litigation attorneys have successfully defended B&O JV in a host of challenges to an 8(a) small business set-aside award...more

Bass, Berry & Sims PLC

COFC: “Rule of Two” Must Be Analyzed Before “Any” Acquisition

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The Court of Federal Claims (COFC) recently affirmed that agencies are required to apply the “Rule of Two” to all federal acquisitions in its decision of Tolliver Grp., Inc. v. United States. Further, agencies must give a...more

Bass, Berry & Sims PLC

Size Recertification Prior to Award – When is it Required?

The U.S. Court of Federal Claims (COFC) decision in HWI Gear, Inc. v. United States highlights the importance of reviewing a solicitation to determine if the text of Federal Acquisition Regulation (FAR) 52.219-28 is included...more

Sheppard Mullin Richter & Hampton LLP

“You Got To Know When To Protest”: Federal Circuit’s Inserso Decision Stretches the Blue & Gold Waiver Rule For Bid Protests To...

...As most contractors know, a good protest requires a lot of thought and commitment to convince an agency or tribunal of why corrective action should be taken. The last thing a protester wants is to learn – too late – that...more

PilieroMazza PLLC

Weekly Update Newsletter - December 2019

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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

Morrison & Foerster LLP - Government...

October 2019 Bid Protest Round-Up

This installment of our monthly bid protest Law360 spotlight examines three protest decisions released in October 2019.  In the first decision, Akira Technologies, Inc. v. United States, COFC No. 19-1160C (Fed. Cl. Oct. 10,...more

PilieroMazza PLLC

Weekly Update Newsletter - September 2019 #2

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GOVERNMENT CONTRACTS LAW - Late Is Late—Even on the GSA Schedule - In a recent blog, we discussed the “late is late” rule in government contracting which has been the cause of many protests and much consternation...more

PilieroMazza PLLC

Weekly Update Newsletter - August 2019

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FALSE CLAIMS ACT / LITIGATION / CYBERSECURITY & DATA PRIVACY - Have the Flood Gates Opened?: Cisco Settles First-Of-Its-Kind Cybersecurity False Claims Act Litigation - On July 31, 2019, a False Claims Act matter...more

Holland & Knight LLP

2019 NDAA Analysis: Bid Protest Changes Affecting Government Contracts

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This is the second blog post in a series analyzing the 2019 National Defense Authorization Act (NDAA) as signed into law on Aug. 13, 2018. Stay tuned for more blog posts covering additional topics in the near future from...more

Bradley Arant Boult Cummings LLP

The 3 Most Important Bid Protest Decisions Of 2018 - Law360

In 2018, three particularly important decisions were issued that will have a significant impact on bid protest law for years to come: Dell Federal Systems LP v. United States, PDS Consultants Inc. v. United States, and Oracle...more

Pillsbury Winthrop Shaw Pittman LLP

Congress Commissions Study of Bid Protests Filed at Both the GAO and COFC

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

Bass, Berry & Sims PLC

COFC Decision Foreshadows VA Proposed Rule on Service-Disabled Veteran-Owned Small Business Eligibility Rules

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Veteran-owned small businesses have long faced inconsistencies between the regulations of the Small Business Administration (SBA) and those of the Department of Veterans Affairs (VA). For example, these inconsistencies can...more

Pillsbury Winthrop Shaw Pittman LLP

Congressional RAND Study Refutes Common Misperceptions about DoD Bid Protests

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

Davis Wright Tremaine LLP

A Tale of Two Protests: Itemized SBA JV Agreements and Dependence on a Large Business Determination Not Upheld

Recently, two Small Business cases that came out that are notable. Both protests affect Small Business Administration interpretation and application of affiliation rules. The first protest defeated a joint venture agreement...more

PilieroMazza PLLC

Small Business Legislative and Regulatory Update

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In this presentation: - GSA Schedule Contracts: Veterans First? - 2013 National Defense Authorization Act (“NDAA”): - NDAA Revisions To LOS - New Mentor Protégé Program - NDAA Impact On MP...more

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