Blog

Every federal contractor knows how difficult it is to win a government contract. Indeed, contractors often start pursuing larger contracts or vehicles well over a year before the solicitation is even published. And, while each contractor’s business development and capture strategies vary, they typically share two characteristics: copious amounts of time and money. Given the financial burden and significant hurdles between contractors and a contract, it is exhilarating to receive a notice of award.

That sense of accomplishment, however, can be fleeting, particularly where ...

The Federal Trade Commission (“FTC”) recently issued a proposed rule, which, if enacted as written, would ban essentially all non-compete agreements by private employers. The proposed rule is one of the broadest expansions of agency authority in the FTC’s history, raising a myriad of considerations for all employers.

Briefly, the proposed rule would prohibit employers from entering agreements with employees, regardless of what the agreements are called, if their substantive effect would prohibit or otherwise restrict employees from working for another company or ...

Recently, the U.S. House of Representatives and Senate overwhelmingly approved the National Defense Authorization Act for Fiscal Year 2023 ("FY23 NDAA"). The legislation is welcome news for both the Department of Defense ("DoD") and defense contractors – the bill now heads to the President's desk for signature.

While the legislation is over 4,400 pages, covering a host of issues, one provision may have a profound impact on the defense industrial base ("DIB"): inflation relief under Section 822, Modification of Contracts to Provide Extraordinary Relief Due to Inflation ...

On November 17, 2022, the Small Business Administration (“SBA”) issued a final rule and several interim final rules effective December 19, 2022 that upwardly adjust some of SBA’s monetary thresholds for inflation. The changes are welcome news in this period of economic uncertainty because they will ultimately help more small businesses participate in federal set-aside opportunities. As summarized below, SBA’s new rules cover three inflationary adjustments: (1) receipts-based size standards; (2) economic disadvantage thresholds; and (3) the 8(a) sole source ...

Recently, the Department of Defense (“DoD”) issued a memorandum to launch a pilot program that will enable certain contractors owned under an employee stock ownership plan (“ESOP”) to receive sole source follow-on awards. ESOP-owned defense contractors should review DoD’s memorandum and move quickly to determine how this unique pilot program may be of benefit.

Section 874 of the National Defense Authorization Act for FY 2022 (“FY22 NDAA”) created a pilot program for noncompetitive awards for certain follow-on contracts to an ESOP-owned business that meets the ...

As many contractors have known for quite some time, the U.S. Small Business Administration (“SBA”) regulations provide detailed requirements for joint venture agreements, and failure to meet any of the regulatory requirements can disqualify a joint venture entirely. As for the practical ramifications for this failure, if a joint venture with a deficient joint venture agreement wins an award, but a protestor challenges its size or status, the joint venture can be stripped of its award. Given the burden that SBA’s regulations impose on joint venturers, it is imperative that ...

History

On December 14, 1819, Alabama was granted statehood after previously being part of the Mississippi and Alabama territories. The first Alabama constitution was drafted and passed at a convention in Huntsville, Alabama. Subsequently, four constitutions were adopted partly due to the Civil War and Reconstruction. The sixth version of the Alabama constitution was adopted in 1901 and remained the authoritative constitution of Alabama until 2022.

The 1901 Constitution was amended over 900 times and was comprised of eighteen sections. The 1901 Constitution was problematic ...

On November 14, 2022, the Federal Acquisition Regulatory Council (“FAR Council”) issued a proposed rule that will have a sweeping impact on nearly all federal contractors. To implement the policies in Executive Order 14030 (Climate-Related Financial Risk) and Executive Order 14057 (Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability), the FAR Council has proposed to amend the Federal Acquisition Regulation (“FAR”) to include new requirements under FAR Part 23 that will expand the climate-based representations under FAR 52.223-22 and FAR ...

The landmark Bipartisan Infrastructure Law (“BIL”) is a once-in-a-generation initiative to address aging U.S. infrastructure needs and equalize greater access to public resources. While the Administration continues to move with impressive speed in creating the administrative channels and oversight offices necessary to implement the billions of dollars that have been appropriated for this impressive undertaking, recipient agencies have had more difficulty in evaluating and implementing the requirements of the BIL, including the domestic sourcing preferences ...

Yesterday, the U.S. Government Accountability Office (“GAO”) published its Bid Protest Annual Report to Congress for Fiscal Year 2022. GAO’s annual report is required under the Competition in Contracting Act of 1984 (“CICA”) and provides the government contracting community with good insight into GAO’s bid protest function. [1]

Despite being just four pages (excluding GAO’s letter regarding one instance in which an agency did not follow GAO’s recommendation), [2] GAO’s report is highly informative because it showcases key bid protest statistics and ...