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Today, the SBA issued major proposed rule changes to the HUBZone program. This is the first comprehensive revision to the HUBZone rules since the program’s implementation nearly 20 years ago, and the changes are intended to improve the predictability and stability of the program for participants. In general, to qualify […]

In what appears to be the first litigation concerning “intergovernmental support agreements” (IGSA), the Government Accountability Office (GAO) in Red River Waste Solutions, Inc., B-414367 (March 21, 2017) declared that it has jurisdiction to review the award of IGSAs (in this particular case an IGSA for garbage collection services). Section 331 of […]

Unlike bid protests filed at the Government Accountability Office (“GAO”), there is no automatic Competition in Contacting Act (“CICA”) stay that applies to protests filed at the U.S. Court of Federal Claims (“COFC”). Instead, a protester wishing for the contract award to be halted during the pendency of a COFC protest has […]

Last month, we wrote about the House passing a resolution (H.J. Res. 37) pursuant to the Congressional Review Act to repeal the Fair Pay and Safe Workplaces rule (commonly known as the contractor “Blacklisting” rule). At the time we predicted the resolution would also pass the Senate and be signed by President Trump. On March […]

It is not uncommon for a disappointed offeror in a fixed-price procurement to be astonished at how low the awardee’s proposal price ends up being. This astonishment can lead to the desire to file a bid protest based on the argument that the awardee’s price is unreasonably low. Unfortunately, in many of […]

Back in October 2016, we wrote about the Fair Pay and Safe Workplaces rule (commonly known as the contractor “Blacklisting” rule) and how its implementation had been temporarily halted by a federal court in Texas.  The Blacklisting rule would have allowed agencies to essentially debar contractors on a contract-by-contract basis […]

President Trump’s Executive Orders have been front page news for the past week, many of which have been quite controversial. Yesterday the President issued another Executive Order that, although unlikely to garner major media buzz, may be the most impactful yet for government contractors. The Presidential Executive Order on Reducing Regulation and […]

Back in January, we wrote about the dramatic spike in bid protests sustained at GAO during the first quarter of fiscal year 2016.  At the time we noted that GAO was on pace to shatter the prior year’s number of bid protest sustains.  Today, GAO released its Bid Protest Annual Report […]

In the U.S. Small Business Administration (SBA) Office of Business Development’s most recent report to Congress, SBA’s statistics reflect that approximately 23 percent of companies that complete the 8(a) program either cease to exist, substantially curtail operations, or have no available information within three years of graduation from the program. […]

This week, the U.S. Small Business Administration (SBA) published its long awaited final rule providing for a major expansion of its mentor-protégé program.  These regulations, which represent monumental changes to the federal contracting landscape (for small and large businesses), will go into effect August 24, 2016.  In the coming days and weeks we […]

Recently, the United States Small Business Administration Office of Hearing and Appeals (“SBA-OHA”) provided a reminder of the risk that a contract awardee takes by not promptly responding to a size protest.  The awardee in Size Appeal of OxyHeal Medical Systems, Inc, SBA No. SIZ-5707 (2016) learned the hard way when, after it failed […]

In 1963, the U.S. Court of Claims established a rule known as the “Christian Doctrine,” which provides that certain mandatory contract clauses are incorporated, by law, into an otherwise validly awarded contract, even if the contracting agency accidentally omits that clause from the solicitation.  Over the past 60 years, the “Christian Doctrine,” has […]

In a size appeal decision released this past week, the United States Small Business Administration Office of Hearing and Appeals (“SBA-OHA”) took the rare step of overturning its past precedent in the process of affirming a finding of affiliation.  In Size Appeal of Tenax Aerospace, LLC, SBA No. SIZ-5701 (2015), the SBA […]

A recent decision by GAO in FedServ-RBS JV, LLC, B-411790, provides yet another reminder to 8(a) joint ventures to submit proposed joint venture agreements to the U.S. Small Business Administration (“SBA”) for approval as early as possible.  This case shows that waiting until the last minute to submit your joint venture agreement to SBA […]

Have you ever had a contract dispute and looked back at the contract only to realize that you hadn’t contemplated that type of dispute occurring, and the contract is essentially silent on the issue?  It seems that this is the type of situation that GAO recently encountered with its bid protest regulations.  Unfortunately, this […]