Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference
In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office (GAO) or the Court of Federal Claims (COFC), the reviewing tribunal must base its decision on the record. Many potential protesters do not realize, however, that the contents of the record can vary (often dramatically) based on the forum in which the protester chooses to file. . . . Read More
CVE’s SDVOSB and VOSB Verification to Transfer to SBA January 1, 2023
The U.S. Department of Veterans Affairs (VA) has announced that the functions of its Center for Verification and Evaluation (CVE) will be fully transferred to the U.S. Small Business Administration (SBA) on January 1, 2023. The CVE certifies service-disabled veteran-owned small businesses (SDVOSB) and veteran-owned small businesses (VOSB) to compete for set-aside and sole-source contracts under the VA’s Veterans First Contracting Program, which—with some exceptions—currently operates independently of SBA’s SDVOSB program. This transfer will eliminate the VA’s separate SDVOSB and VOSB . . . Read More
Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance More Uniform
Westlaw Today recently published an article by Sam Finnerty titled “Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance More Uniform.” The article covers a recent Civilian Agency Acquisition Council memorandum authorizing civilian agencies to issue Federal Acquisition Regulation (FAR) class deviations to adopt certain exceptions to the limitations on subcontracting requirements for small businesses. The exceptions are already specifically outlined in the Small Business Administration’s regulations, but they have not yet been added to the . . . Read More
Requests for Equitable Adjustment Versus Claims: Which Should Contractors Pursue?
Government contractors in various industries encounter increased costs and / or delays caused by the government while performing government contracts. For instance, a contractor may have increased costs in performing a contract as a result of compliance with new COVID-19 requirements imposed by the government that were not included in the original contract. Or, a construction contractor may be required by the contracting officer to perform additional work that is outside the scope of the contract. Likewise, a construction contractor . . . Read More
GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members
In a recent decision , the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility clearance (FCL), which is prohibited by the National Defense Authorization Act (NDAA) of 2020 and U.S. Small Business Administration (SBA) regulations. This decision has significant implications for JVs pursuing classified contracts and underscores the value of protests as a useful procurement tool for government contractors. Background . . . Read More
Sovereign Acts Doctrine: New Government Defense Tactic Against COVID-Related Claims and REAs
With the rise in COVID-19 cases due to the Delta variant, government contractors and the government agencies they work with may also see a rise in COVID-related claims and requests for equitable adjustment (REAs) linked to their contracts. In this blog, PilieroMazza reviews a key government defense tactic, the Sovereign Acts Doctrine (the Doctrine), that contractors should be aware of to help them better prepare before filing a claim or REA. What is the Sovereign Acts Doctrine? The Doctrine provides . . . Read More
BREAKING: SBA to Suspend Bona Fide Place of Business Requirements for 8(a) Construction Contracts, Effective Immediately
Bibi Hidalgo, the Associate Administrator for SBA’s Office of Government Contracting and Business Development, just announced during her keynote address at the National 8(a) Association Alaska Regional Conference that SBA will be suspending the bona fide place of business requirement for 8(a) construction contracts, effective immediately. Ms. Hidalgo stated that SBA has been looking for ways to empower small businesses and lessen their burden. She accounted, “I am excited to announce today, for the first time, a new SBA policy, . . . Read More
Proposed Rule Seeks to Strengthen Impact of Buy American Act – 6 Key Takeaways
On January 25, 2021, President Biden signed an Executive Order titled “Ensuring the Future Is Made in All of America by All of America’s Workers” (Executive Order). As PilieroMazza previously explained , the Executive Order directed that a number of actions be taken in furtherance of the Biden administration’s overarching policy to maximize the procurement of goods, products, and materials from sources that will help American businesses compete in strategic industries and help American workers thrive. This included a direction for . . . Read More
DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know
Westlaw Today recently published an article by Jackie Unger titled “DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know.” The article covers a Department of Defense proposed rule that would amend the Defense Federal Acquisition Regulation Supplement to permanently implement the enhanced post-award debriefing rights detailed in Section 818 of the National Defense Authorization Act for Fiscal Year 2018. To access the full article, please visit this link .
SBA Issues New HUBZone Guidance and Map Updates
The Small Business Administration (SBA) has once again updated its HUBZone FAQs—this time with welcome changes for HUBZone firms with principal offices located in Redesignated Areas and / or Qualified Disaster Areas (QDA). The latest FAQs state that they were effective June 24, 2021, but we saw them for the first time on SBA’s website earlier this month. Below are our top five takeaways from the latest FAQs. While SBA’s FAQs continue to state that a firm located in a . . . Read More