The Weekly Update for March 16, 2018

GOVERNMENT CONTRACTING San Diego Communications Company Pays More Than $12 Million to Settle False Claim Act Allegations Regarding Eligibility for Small Business Innovation and Research Contracts According to a news release by the Department of Justice, TrellisWare Technologies, Inc., a communications company located in San Diego, has agreed to pay $12,177,631.90 to settle civil False Claims Act allegations that it was ineligible for multiple Small Business Innovation and Research (SBIR) contracts it had entered into with government defense agencies. TrellisWare . . . Read More

HUBZone Definition of “Employee” Not So Black-and-White

In a recent decision, HUBZone Appeal of Q Services, Inc., the Small Business Administration (“SBA”) clarified that the number of hours worked by a person does not bar SBA from examining the totality of the circumstances to determine whether that individual qualifies as an employee for HUBZone program eligibility purposes. Under SBA’s HUBZone regulations, if a person works a minimum of 40 hours per month (whether employed on a full-time, part-time, or other basis), that individual will be treated as . . . Read More

The Weekly Update for March 9, 2018

GOVERNMENT CONTRACTING Claims Court Could Receive Record Number of Protests in 2018 According to an article in the Federal Contracts Report, the United States Court of Federal Claims (COFC) is on course to receive an unprecedented 200 bid protest cases in calendar year 2018. In each of the past 15 years, between 100 and 130 protests were filed with the COFC, making 2018’s potential docket the busiest in the courts history. This large increase can be partly attributed to a . . . Read More

The Risk of Certifying as Small Without Tax Returns

We are regularly contacted at this time of year, before tax returns are due, by companies that wish to pursue small business set-aside contracts but have not yet filed their tax returns. These inquiries stem from the belief by some firms that, because their tax returns have not been completed, they may still self-certify as a small business while knowing, or suspecting, that their immediate, prior year revenues make them large. This misunderstanding of the size regulations can have dire . . . Read More

The Weekly Update for February 23, 2018

DEPARTMENT OF DEFENSE Contractors on Board with Defense Department Budget Request The defense contracting industry has had a positive reaction to President Donald Trump’s fiscal year 2019 Defense Department budget request. The requested $686 billion for fiscal year 2019 is the largest ever request for the Pentagon. The National Defense Industrial Association (NDIA) praised the administration for recognizing a growing defense spending need in the U.S. Spokesperson for NDIA, Evamarie Socha, stated, “NDIA welcomes the president’s fiscal year 2019 budget . . . Read More

Review of NAICS Codes Assignments Reveals Inconsistencies and Small Percentage of Successful Appeals

The U.S. Government Accountability Office (“GAO”) has released a report on its review of several issues related to the North American Industry Classification System (“NAICS”) codes. Although it found that there are some inconsistencies in the assignment of NAICS codes – and thus size standards – for substantively similar procurements, only about 20 percent of NAICS codes appeals are successful. This is likely due to the fact that, in order to win a NAICS code appeal, an appellant must demonstrate . . . Read More

The Weekly Update for February 2, 2018

GOVERNMENT CONTRACTS Defense Federal Acquisition Regulation Supplement: Procurement of Commercial Items (DFARS case 2016-d006) The Department of Defense (DOD) issued a final rule, which amended the Defense Federal Acquisition Regulation Supplement (DFARS), to implement sections of the National Defense Authorization Acts for Fiscal Years 2013, 2016, and 2018, related to commercial item acquisitions. The rule will reduce the risk of fraud, increase accountability, and make the buying process more seamless for the military. See 83 Fed. Reg 4431 . SMALL BUSINESS Ownership and Control . . . Read More

The Weekly Update for January 26, 2018

GOVERNMENT CONTRACTS  General Services Administration Acquisition Regulation (GSAR); Federal Supply Schedule, Order-Level Materials The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to clarify the authority to acquire order-level materials (OLMs) when placing an individual task or delivery order against a Federal Supply Schedule (FSS) contract or FSS blanket purchase agreement (BPA). OLMs are supplies and/or services acquired in direct support of an individual task or delivery order placed against an FSS contract or BPA, . . . Read More

The Weekly Update for January 19, 2018

TOP OF THE NEWS The Government Shutdown Top 10: Things You Should Know Before You Send Employees Home By Nichole D. Atallah   Ms. Atallah’s blog creates an invaluable list for government contractors to keep in mind should the government shutdown actually come to fruition. The list discusses various labor and employment issues that could expose companies to liability, and ranges from state wage and hour law compliance to security clearance processing. For the complete list, please read the full . . . Read More