Potential Bid Protest Dangers: When the Agency Produces Documents Early
By Alex Levine To paraphrase Virgil, beware of agency counsel bearing gifts. Under the U.S. Government Accountability Office’s (GAO) bid protest rules, an agency is required to produce a report within 30 days of a protest that includes a copy of all relevant documents. However, there is nothing preventing an agency from producing some or all of these documents even sooner. And, in recent cases, we have seen agency counsel increasingly doing so. While the agency almost never explains why . . . Read More
“Are You Being Served?” If So, Your ESI Must Be Preserved!
Unlike the classic British sitcom “Are You Being Served?”, as any business owner who has been on the receiving end of a threat of litigation or was served with a complaint can attest, there is nothing remotely amusing about what is in store for the company. And one of the most challenging, time-consuming and costly aspects of litigation is the discovery process—whereby each side, if asked through interrogatories and document requests, must show its respective hand, in the process producing . . . Read More
Setting Aside the Glass Ceiling: WOSBs Should Have the Same Advantage as Other Set-Aside Programs
Published in the April 1, 2014 Federal Contracts Report. Small businesses are often touted as the engine of our economy, and rightly so. According to the U.S. Census Bureau, small businesses comprise 99.7 percent of U.S. employers, are responsible for 64 percent of net new private-sector jobs, and roughly 50 percent of private-sector employment. Recognizing that small businesses are the key to “maintain and strengthen the overall economy,” Congress has set goals for how much the federal government will spend . . . Read More
2014: Year of the WOSB
By Megan Connor If current developments are any indication, 2014 very well may be a banner year for the SBA’s Woman-Owned Small Business (WOSB) Program. Recent surveys show the WOSB Program is trending up. WOSBs accounted for 4% of all small business federal contracts in fiscal year 2012, up from 3.5% in fiscal year 2009. WOSBs won $16.2 billion in federal contracts in fiscal year 2012, up from $15.7 billion in 2009, despite a 6% overall downturn in federal . . . Read More