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We recently wrote about a federal court decision in Ultima Servs. Corp. v. U.S. Dep't of Agric., which held that the "rebuttable presumption" of social disadvantage under Small Business Administration's ("SBA") 8(a) Program ("8(a) Program") was unconstitutional. Following the court's decision, SBA paused all applications for its 8(a) Program and provided a short update on certify.SBA.gov.

Today, the SBA, in conjunction with the National 8(a) Association, held a webinar to provide another update on how SBA plans on moving forward in light of the court's decision in Ultima. This ...

On August 22 & 23, 2023, Joshua Duvall will be participating in the 2023 National HUBZone Conference in Leesburg, VA as both a presenter and panel moderator. On August 22, Josh will present Bid Protests 101, and on August 23, Josh will moderate a panel called Navigating Regulatory and Policy Updates in Government Cyber Security Protocols: Ensuring Compliance and Strengthening Resilience.

The 2023 National HUBZone Conference is a 2-day event packed with matchmaking, networking, and workshops. This annual conference emphasizes the importance of community collaboration to ...

On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee held in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the "rebuttable presumption" of social disadvantage under Small Business Administration's ("SBA") 8(a) Business Development Program ("8(a) BD Program") violated a plaintiff's Fifth Amendment right to equal protection under the law. The Court enjoined the SBA from using the rebuttable presumption in administering SBA’s 8(a) BD Program. As a result, discussed further below, both future and current 8(a) BD Program participants will need to ...

The government's fiscal year ("FY") is coming to an end on September 30, which means the need for agencies to spend "use it or lose it" contracting dollars will steadily increase over the next couple of months. And, while the contracting space typically sees a concomitant uptick in bid protests in September and October due to the influx of late Q4 contract awards, this year, we may also see an uptick in something else due to a recent Small Business Administration ("SBA") regulatory update: sole source 8(a) awards.

As many contractors may recall, in 2020, the Department of Defense ("DOD ...

On June 9, 2023, the Department of Defense (“DoD”) issued a proposed rule to address domestic preferences – the Buy American Act – in DoD procurements. The proposed rule follows updates to the Federal Acquisition Regulation (“FAR”) that implemented Executive Order (“EO”) 14005, Ensuring the Future Is Made in All of America by All of America's Workers, by addressing DoD-unique requirements.

The FAR final rule, Amendments to the FAR Buy American Act Requirements (effective October 25, 2022), which we previously covered on this blog, implemented a portion of EO ...

Late last month, the Biden administration launched the 8(a) MAS Pool Initiative. This initiative is a joint effort between the U.S. Small Business Administration (SBA) and the U.S. General Services Administration (GSA) to help small disadvantaged businesses (SDBs) participating in the 8(a) Business Development Program gain access to more federal contracts in GSA’s Multiple Award Schedule (MAS) Program.

The MAS Program is part of the GAO’s Federal Supply Schedule (FSS) and seeks to issue long-term, government-wide contracts that provide federal, state, and local ...

Recently, Cherissa Tamayori, Director of Acquisition and Senior Contracting Official for the Defense Innovation Unit (DIU), joined U.S. military and defense industry experts from around the globe at the Navy League’s Sea-Air-Space conference in April 2023 to discuss innovation and adoption in procurement strategies in the Department of Defense (DoD), particularly by leveraging commercial partners.

Tamayori noted a shift across the DoD shift to adopt non-traditional forms of contracting, including the use of other transaction authorities, or OTAs, and the use of the ...

Foreign direct investment (FDI) plays a crucial role in the global economy, and the United States has long been an attractive destination for international investors. To accurately gauge the impact and trends of FDI, the US government conducts the Benchmark Survey of Foreign Direct Investment every five years.

In general, any US company that had covered foreign ownership in 2022 is required to submit a survey response. The law requires a US company to respond if at least one foreign person held, directly or indirectly, a ten percent (10%) or more voting interest at the end of the ...

On June 2, the Federal Acquisition Regulatory Council published an interim final rule ("IFR") to ban the use of a ByteDance Covered Application (i.e., TikTok) in government contracting. This rule is effective June 2, 2023 and "prohibits contractors from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the contractor under a contract, including equipment provided by the contractor's employees.”

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 ...

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