BLOG: Could You Be the Target of a Government Claim?
Most contractors know that they may submit a claim under the Contract Disputes Act (CDA) if a problem arises during performance. However, many contractors are not aware that the government also has the ability to bring a claim. Likewise, contractors may not understand the options for responding to a government claim. Given the potential gravity of a government claim, these are issues contractors should be aware of. To begin, you may be wondering what types of claims the government may bring. . . . Read More
The Weekly Update for April 12, 2019
GOVERNMENT CONTRACTING The Small Business Administration (SBA) issued a notification of the availability of a white paper regarding the revision of its size standards methodology and explaining how it establishes, reviews, or revises small business size standards. The revised white paper, entitled “SBA’s Size Standards Methodology (April 2019)” (Revised Methodology) is available on the SBA’s website, as well as on the Federal rulemaking portal. SBA intends to apply the Revised Methodology to the ongoing second five-year comprehensive review of size . . . Read More
The Weekly Update for March 22, 2019
HEARING ON THE SMALL BUSINESS RUNWAY EXTENSION ACT The House Small Business Subcommittee on Contracting and Infrastructure is holding a hearing on Tuesday, March 26, 2019, at 10:00 a.m., concerning the implementation of the Small Business Runway Extension Act (H.R. 6330) (the “Act”). The Act was signed into law in December 2018 and was designed to help small businesses successfully bridge the gap between competing in the small business space and the open marketplace against larger companies by changing the . . . Read More
The Weekly Update for March 8, 2019
GOVERNMENT CONTRACTING Gene L. Dodaro, Comptroller General of the United States, testified before the Senate Committee on Homeland Security and Governmental Affairs about the Government Accountability Office’s (GAO) report on high-risk areas. Mr. Dodaro’s testimony explained that the GAO’s high-risk program has focused attention on government operations with greater vulnerabilities to fraud, waste, abuse, and mismanagement, or that are in need of transformation to address economy, efficiency, or effectiveness challenges. The GAO’s 2019 High Risk Report, among other things, identified . . . Read More
The Weekly Update for February 22, 2019
GOVERNMENT CONTRACTING The Government Accountability Office (GAO) sustained a protest filed by Ekagra Partners, LLC challenging the terms of a request for proposal (RFP) issued by the General Services Administration (GSA). In its protest, Ekagra Partners argued the solicitation for the OASIS Small Business on-ramp, which included terms that improperly restricted competition by limiting the ways in which a small business joint venture could form teams to submit a proposal. The GAO found that the solicitation’s limitation on the ability . . . Read More
Not So Fast: Practical Considerations Before Novating Your GSA Schedule Contract
The acquisition market for federal contractors is booming. Acquisition can provide a buyer the opportunity to target its growth strategically by acquiring the seller’s past performance and experience, in addition to gaining the seller’s personnel and resources. Of course, part of what makes a seller attractive is the contracts found in its portfolio. While the government does not officially condone the “buying and selling” of federal contracts, a contract may be novated after an acquisition if the buyer has acquired . . . Read More
The Weekly Update for December 14, 2018
GOVERNMENT CONTRACTING A former National Aeronautics and Space Administration (NASA) Facility Chief pleaded guilty to receiving illegal gratuities. Steven Eric Kremer, a former Chief of the Range and Mission Management Office at NASA’s Wallops Flight Facility (WFF) pleaded guilty to receiving gratuities in exchange for official acts performed in his capacity as a government official as well as stealing funds from a government contract. As Chief of the Range and Mission Management Office, Mr. Kremer administered the Range Operations Contract . . . Read More
SBA Proposes Significant Changes to Its Small Business Regulations
On December 4, 2018, the U.S. Small Business Administration (“SBA”) issued a proposed rule (“Rule”) to implement several provisions of the National Defense Authorization Acts (“NDAA”) of 2016 and 2017 and the Recovery Improvements for Small Entities After Disaster Act of 2015 (“RISE Act”), as well as other clarifying amendments. The Rule will likely garner a lot of attention in the coming weeks, as it proposes a number of sweeping amendments that could have a significant impact on small business government contracting. . . . Read More
The Weekly Update for December 7, 2018
RULES AND REGULATIONS Proposed Rules The Small Business Administration (SBA) published a proposed rule amending its regulations and implementing provisions of the NDAAs of 2016 and 2017 as well as the Recovery Improvements for Small Entities After Disaster Act of 2015 (RISE Act). The proposed rule would (1) clarify that contracting officers have the authority to request information in connection with a contractor’s compliance with applicable limitations on subcontracting clauses; (2) provide exclusions for purposes of compliance with the limitations . . . Read More
The Weekly Update for December 3, 2018
RULES AND REGULATIONS The Department of Veterans Affairs (VA) issued a proposed rule on November 29, 2018 proposing to amend and update its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any policy superseded by changes in the FAR. It will also remove procedural guidance that is internal to the VA, move it to the VA Acquisition Manual, and incorporate new agency-specific regulations or policies. The proposed rule would also add VAAR coverage concerning Environment, Energy and . . . Read More