Government Contracts

How Loans Can Impact Size and Status

September 18, 2017
It’s protest season. Or, maybe it is always protest season. In any event, the best defense for a size or status protest is always to be prepared before the protest is filed. That means regularly assessing potential affiliations that could affect your size and status. With that in mind, I want to share some information about how affiliation can arise through loans. Specifically, loans from a private party (i.e., an individual or a company, not a bank). SBA will generally look more favorably on the terms of a loan when the party loaning the money is a traditional lender like a bank. But, when the source of the funds is not a traditional lender, you have to be more careful to ensure the loan does not create an affiliation between the lender and the lendee.

The Sisyphean Labor of the DAR Council: Segregation and Reintegration Data Rights

September 1, 2017
Having just presented on data rights issues to a number of government contracting officers and procurement professionals, as well as private sector contract management personnel, during the 2017 National Contract Management Association World Congress, it became clear that many people are confused (and rightly so) about what is happening with regard to the segregation and reintegration rules.

Protesting FAA Awards: Understanding the Nuances

August 24, 2017
Nearly every federal agency is required to follow the Federal Acquisition Regulation (“FAR”). However, one exception is the Federal Aviation Administration (“FAA”), which is not required to comply with the FAR but rather has its own policies and procedures, called the Acquisition Management System (“AMS”). As a result, unlike most bid protests, which may be brought either at the agency-level, Government Accountability Office (“GAO”) or the Court of Federal Claims (“COFC”), protests against Federal Aviation Administration (“FAA”) contract awards (or solicitations) must be filed with the Office of Dispute Resolution for Acquisition (“ODRA”).

New Government-Wide Category Management Policy for Package Delivery Services Could Signal Changes for Other Industries

August 22, 2017
Despite the change in Administration, the Government’s efforts to implement category management continue and are about to have a major impact in how the Government contracts for package delivery services. What is category management? Essentially, it is a Government initiative to reduce contract duplication to save money on common goods and services that the Government purchases through the federal procurement system and is also called strategic sourcing.

SBA Launches New HUBZone Map

August 7, 2017
The new HUBZone map designates areas as eligible HUBZone locations and indicates whether an address qualifies as one or more HUBZone designations, such as census tract, county, Indian land, disaster area, closed base area, or redesignated area.
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