SBA Amends Its Recertification Rules: Effectively Overturns Recent OHA Case
In a noteworthy decision earlier this year, the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) confirmed the broad nature of SBA’s general rule that a contractor maintains its size and socio-economic status for the life of a contract. See In the Matter of Analytic Strategies, Inc., SBA No. VET-268 (Jan. 29, 2018) . This case required OHA to interpret the SBA regulation establishing the recertification rule in the context of Service-Disabled Veteran-Owned Small Business Concern (“SDVO SBC”) status. The regulation permits a concern that initially qualifies as an SDVO SBC . . . Read More
Big Changes Proposed to SBA’s Size Standards Methodology
Being and remaining a small business in the eyes of the government is one of the most important considerations for every federal contractor participating in small business set-aside programs. The rules of the contracting game change significantly if your company is small versus “other than small.” On April 27, 2018, SBA released a proposed rule that could impact your status as a small business, as SBA goes forward with its statutorily mandated revision of the size standards that dictate the . . . Read More
Make Releases Work for You
Releases have proven to be the double-edged sword of government contracting. In some cases, a release can prevent a contractor from successfully submitting a request for equitable adjustment (“REA”) or a claim to the Government. At the same time, a prime contractor can use releases to its advantage—requiring a subcontractor to sign releases during performance and at contract closeout. These releases can be used to easily defeat subsequent subcontractor claims if a dispute arises. Contractors should be familiar with releases . . . Read More
New Verification Requirement for SAM.gov Now Applies to Existing Entities
Just over a month ago, we wrote about a new verification requirement in the form of a notarized letter for new entities registering on SAM.gov, a registration that is required for companies that do business with the federal government. At that time, the requirement was only applicable to new registrations. However, according to an April 26, 2018, update on GSA’s website, the requirement is now applicable to “existing registrations being updated or renewed in SAM,” effective April 27, 2018. As discussed . . . Read More
The Section 809 Panel’s Recommendations on Bid Protests May Cause Major Headaches for Contractors
In Section 809 of the National Defense Authorization Act for FY 2016 , Congress created a panel, known as the Section 809 Panel, to review and to provide recommendations on how to streamline and improve the Department of Defense’s (“DOD”) acquisition process. The Section 809 Panel issued the first volume of its report in January 2018. The second volume, slated for release in June 2018, may include sweeping recommendations for a drastic overhaul of the bid protest process for DOD procurements. While a successful offeror on any . . . Read More
Legal Advisor Newsletter – Second Quarter 2018
Special Issue on Investigations The Mandatory Disclosure Rule: Mitigating Risk When the Requirement for Disclosure Is Not Clear Looking Inward: Internal Investigations of Potential False Claims Act Violations When the Law Comes A Callin’: A “How To” For Responding to Subpoenas and Document Requests Five Tips to Address Employee Complaints and Avoid Liability Cybersecurity Update
Weekly Update Report for April 27, 2018
SMALL BUSINESS ADMINISTRATION Tribal Consultation for Small Business HUBZone Program and Government Contracting Programs and Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments The U.S. Small Business Administration (SBA) announced that it is holding a Tribal Consultation meeting in Anchorage, Alaska concerning the regulations governing the 8(a) Business Development program and the HUBZone program. The Tribal Consultation meeting date is Wednesday, may 9, 2018. SBA seeks to reduce unnecessary or excessive regulatory burdens in those programs and to . . . Read More
An Instructive Warning to Contractors of the Need to Understand CDA Requirements
A few months back, my colleague, Michelle Litteken, wrote a blog post titled “ Don’t Get Lost Filing and Prosecuting CDA Claims .” She discussed a decision, Securiforce International America, LLC v. United States, in which the U.S. Court of Appeals for the Federal Circuit held that a federal contractor was required under the Contract Disputes Act (“CDA”) to demand a specific amount of money (called a “sum certain”) in a CDA claim to its Contracting Officer (“CO”) for non-monetary relief if, by granting such relief, the contractor . . . Read More
Twelve PilieroMazza Attorneys Named to the 2018 Super Lawyers List
Pamela Mazza, Tony Franco and Jon Williams have been selected to the 2018 D.C. Super Lawyers list for Government Contracts. Each year, no more than five percent of the lawyers in the state are selected to receive this honor. Additionally, the following attorneys have been selected to the 2018 Rising Stars List in their listed areas. Each year, no more than 2.5 percent of the lawyers in the state are selected to receive this honor. Isaias “Cy” Alba Government Contracts Washington, . . . Read More
The Weekly Update for April 23, 2018
GOVERNMENT ACCOUNTABILITY OFFICE CIVILIAN AND CONTRACTOR WORKFORCES: Department Of Defense’s Cost Comparisons Addressed Most Report Elements but Excluded Some Costs In response to Congressional direction, the Department of Defense (DoD) issued a report in April 2018 comparing the costs of federal civilian and service contractor personnel at select installations. The report addressed three out of four provision elements and partially addressed one, as discussed below. DoD concluded that neither federal civilians, nor service contractors were predominately more or less expensive, with costs . . . Read More