An 8(a) small business was found to be affiliated with its large subcontractor under the ostensible subcontractor rule based in part on the fact that the large subcontractor was providing mentoring services to the small business–even though the SBA had rejected a proposed mentor-protege agreement … [Read more...]
Three Provision Pitfalls in Small Business Corporate Governance Documents
This post was originally published on the Onvia blog and was written by Maria Panichelli, Esq. and Edward T. DeLisle, Esq., Cohen Seglias Pallas Greenhall & Furman PC. Three Provision Pitfalls in Small Business Corporate Governance Documents The federal government offers a multitude of … [Read more...]
Significant Changes on the Horizon to Key SBA Regulations
By Amy Laderberg O'Sullivan and Olivia Lynch with Crowell Moring: On December 29, 2014, the Small Business Administration issued long overdue proposed amendments to its regulations (with 60 days for comments) to implement many of the provisions of the National Defense Authorization Act of 2013 … [Read more...]
Armed Services Board of Contract Appeals Rules No Relief for Fraud
By Sarah Schauerte: In the Appeal of Atlas Int’l. Trading Corp., on December 2 the Armed Services Board of Contract Appeals (ASBCA) held that a contractor’s bribery of an agency’s program manager made the contract at issue in its appeal void ab initio (“from the beginning”). As set forth in … [Read more...]
Limitations on Subcontracting: SBA Proposes Sweeping Changes
By Steven Koprince: The limitations on subcontracting would undergo sweeping changes under a recent SBA proposal. On December 29, the SBA issued a proposed rule to enact the changes implemented by Congress in the National Defense Authorization Act of 2013–including a thorough re-write of the … [Read more...]
GAO: Subcontracting Plan Requirement Applies Broadly
By Stephen Koprince: When a Contracting Officer determines that subcontracting possibilities will exist under a qualifying unrestricted contract, subcontracting plans are required from all offerors other than small businesses–including entities that do not intend to issue any subcontracts. In … [Read more...]
Webinar: What Will The New Year Bring For Government Contractors?
By Peter J. Eyre: Tight budgets, increased oversight, new executive orders, complex regulatory environment, and intense competition remain atop the list of issues facing government contractors. Should you expect anything different in 2015? Please join us on Wednesday, January 7, 2015 at 1:00 pm … [Read more...]
OFCCP Issues New Rule Prohibiting Discrimination On Basis of Sexual Orientation and Gender Identity, More Guidance to Come
On December 9, 2014, the Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor (DOL) issued a final rule implementing the President’s July 2014 Executive Order 13672, which prohibits federal contractors from discriminating on the basis of sexual orientation or... … [Read more...]
C&M Lawyers Conduct Live Webinar on Government Contract IP Rules on Thursday, December 11
On Thursday, December 11 at 1 PM Eastern, join our Crowell & Moring attorneys for a webinar entitled: “Intellectual Property Rules in Government Contracts Legal Update: Know Your Technical Data and Patent Rights.” During this 90-minute webinar, we will provide an overview of the key … [Read more...]
DOL Announces Final Rule Adding Sexual Orientation, Gender Identity to Federal Contractor Protected Classes
By: Timothy M. McConville, Esq. The U.S. Department of Labor on December 3, 2014 announced a new rule prohibiting discrimination on the bases of sexual orientation and gender identity in the federal contracting workforce. The rule implements Executive Order 13672, which was signed by President … [Read more...]
GAO Releases Bid Protest Statistics for FY 2014
On November 18, GAO released its annual report to Congress under the Competition in Contracting Act of 1984, 31 U.S.C. § 3554(e)(2), disclosing the following bid protest statistics for FYs 2010-2014: The number of total cases filed was up 5% from the previous year to 2,561. FY 2013 had seen a... … [Read more...]
To reimburse? or NOT to reimburse? (That’s the Protest)
OUTCOME: Agency did not unduly delay corrective action when it changed the evaluation criteria in question prior to the deadline for submitting its agency report to GAO. As a result, GAO deemed the action by the agency to be sufficiently prompt such that the contractor was not entitled to … [Read more...]