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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 ...
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 ...
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 ...
The recent bid protest decision in ELS, Inc., B-421989, December 21, 2023, 2023 CPD highlights an important aspect of bid protest litigation before the U.S. Government Accountability Office ("GAO"): task order jurisdiction.
As many contractors are aware, and generally, GAO has jurisdiction over task orders where: (a) the value of the order exceeds $25 million (DOD/NASA) or $10 million (civilian) and (b) the order increases the scope, period, or maximum value of the underlying IDIQ contract. In other words, and excluding (b), where the value of the task order is below the monetary ...
The 2023 clock is winding down, meaning some folks are planning New Year's Eve parties, and others are googling the lyrics to Auld Lang Syne. For service-disabled veteran-owned small businesses ("SDVOSB"), the end of the year also coincides with their ability to "self-certify," as the grace period under Small Business Administration's ("SBA") rules is set to expire. In other words, under SBA's regulations, SDVOSBs must submit their complete certification applications to the SBA on or before December 31 to remain eligible for SDVOSB set-aside contracts while their applications ...