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With just a week to go in FY24, federal agencies are rushing to spend those "use it or lose it" dollars. And while there are a number of reasons that support filing a bid protest when you're an unsuccessful offeror – this time of year or at any other time – what about when you win the contract? Well, if your company is awarded a contract and an unsuccessful offeror challenges your win, you should consider intervening in the bid protest.
Virtually every federal contractor knows how difficult it is to win a government contract. Indeed, many contractors often start pursuing larger contracts ...
The Small Business Administration ("SBA") recently issued a proposed rule that changes the effect of a concern's size recertification following mergers and acquisitions ("M&A") activity. Notably, the proposed rule is ostensibly an omnibus proposal as it covers a host of issues under SBA's socio-economic contracting programs. The proposed rule, for example, includes changes to SBA's negative control affiliation provisions (discussed here), joint venture rules, mentor-protégé rules, and others. Comments on the proposed rule are due on or before October 7, 2024.
SBA's ...
Recently, the Small Business Administration ("SBA") issued a proposed rule, which could significantly alter the status quo for permissible negative control. Impacted small businesses and their minority shareholders and investors should consider submitting comments to ensure that SBA's final rule provides sufficient clarity and flexibility so as not to upend current common practices when drafting operating agreements or stifle investment. Comments on the proposed rule are due on or before October 7, 2024.
Prior to diving into the proposed rule and its ripple effect, a recent ...
Maynard Nexsen Government Contracts attorneys Joshua Duvall and Macy Climo take a deep dive into a recent Government Accountability Office (“GAO”) decision that highlights the Small Business Administration’s (“SBA”) regulations relating to agency evaluations of a mentor-protégé joint venture’s past performance and experience, including under the SBA’s joint venture workshare rule.
Check out the complete article: GAO Decision Highlights Agency’s Evaluation of Mentor-Protégé Joint Venture, But Could Unintentionally Lead Industry Astray on ...
As many government contractors know all too well, doing business with the government requires contractors to become familiar with and adhere to countless rules and regulations governing the procurement process. As shown in a recent Government Accountability Office ("GAO") protest decision, a contractor's failure to follow one such regulation can have a harsh outcome, as an awardee was deemed ineligible for failing to be continuously registered in the System for Award Management ("SAM").
The decision of TLS Joint Venture, LLC, B-422275, April 1, 2024, 2024 CPD involves a ...
At the 39TH Space Symposium in Colorado Springs on April 10TH, Chief of Space Operations Gen. Chance Saltzman announced the US Space Force’s (USSF) blueprint for integrating private-sector capabilities. This blueprint, dubbed the “U.S. Space Force Commercial Space Strategy,” seeks to “drive development of more resilient and combat-capable architectures while deploying them faster, in greater numbers, and at a lower cost.”
The Space Force will implement four lines of effort to achieve this strategy: (1) Collaborative Transparency, (2) Operational and Technical ...
Government Solutions and Cybersecurity shareholder Joshua Duvall recently published (with L3Harris attorney Sandeep Kathuria) a Law360 Expert Analysis article entitled “How DOD Can Improve Flexibility Under Proposed Cyber Rule." The article discusses the DOD's recent proposed rule for its Cybersecurity Maturity Model Program, or CMMC, focusing on POA&Ms – plan of action and milestones – and what DOD can do to inject flexibility in that process.
The full Expert Analysis article, “How DOD Can Improve Flexibility Under Proposed Cyber Rule," was published by Law360 on ...
Today, the Federal Acquisition Regulatory Council ("FAR Council") – Department of Defense, General Services Administration, and National Aeronautics and Space Administration – published its Semiannual Regulatory Agenda. As the document states, the agenda provides interested parties (e.g., government contractors, industry stakeholders, etc.) an opportunity to participate in the federal rulemaking process. Under the Administrative Procedure Act ("APA"), agencies must publish proposed rules in the Federal Register (notice) and allow interested parties to ...
Shareholder Joshua Duvall (Washington, D.C.) was quoted in Law360's article, "Biden's Small Biz Contract Plan In Need Of Definitive Regs." The Law360 article discusses a recent memorandum from the Office and Management and Budget ("OMB") that provides agency acquisition officers with guidance on increasing small businesses participation in the federal market through multiple-award government contracts, including changes to the small business "rule of two." As the article states, "[i]ntending to increase the number of small businesses in the federal supplier base and ...
Last week, the White House announced that the Office of Management and Budget ("OMB") issued guidance to help small businesses in the federal contracting marketplace. With the guidance, as the announcement states, the government will be able to support a broader and more diverse market, drive cost savings, and, ultimately, improve the federal supply chain. The announcement also states that the guidance will advance the President's goal of increasing the small business contracting goal for socially and economically disadvantaged individuals ("SDBs") to 15% by FY2025.
Briefly ...