Government Contracting

Government Contracting

Changes ahead for SBA’s HUBZone program

Changes ahead for SBA’s HUBZone program

Congressional Research Service report and proposed Federal Regulations

Attracting economic development to rural, tribal areas and metropolitan areas plagued with poverty has always been challenging. To address the problem, the Small Business Administration (SBA) HUBZone program was established pursuant to the HUBZone Act of 1997 (HUBZone Act), Title VI of the Small Business Reauthorization Act of 1997, Public Law 105-135, enacted December 2, 1997.

Considerations for Bid Protests involving Classified Information

Considerations for Bid Protests involving Classified Information

Even the simplest bid protest isn’t exactly straightforward – competing venues, complicated remedies, volumes of strict regulations, procedures, and guidelines.  It’s enough to overwhelm even the most sophisticated government contractor.  Making the situation even more difficult, many procurement contracts involve classified information – information, the “unauthorized disclosure of which could reasonably be expected to cause identifiable or

The SDVOSB “Storefront”: Large Corporations and the "Rent a Vet" scam

The SDVOSB “Storefront”: Large Corporations and the

What is an SDVOSB Storefront?

Since the founding of the United States, our government has endeavored to support those who have defended it. A famous quote, purportedly by George Washington in 1789, states that “[t]he willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive how the veterans of earlier wars were treated and appreciated by their nation.” The

Service Contract Act: How to maintain compliance.

Service Contract Act: How to maintain compliance.

The McNamara-O’Hara Service Contract Act (SCA) applies to service contracts between the federal government and individuals and/or companies. This federal statute mandates contractors and subcontracts to employ “service employees” when their contracts meet the service requirements. The SCA was established to create fair business practices among unionized and nonunionized employers. On the one hand, the SCA allows for nonunionized employees to

Breaking Up Is Hard to Do: Expulsion of an LLC Member

Breaking Up Is Hard to Do: Expulsion of an LLC Member

“Change the changeable, accept the unchangeable, and remove yourself from the unacceptable.” —Denis Waitley

Avoiding Adverse SBA Size and Standard Decisions

Avoiding Adverse SBA Size and Standard Decisions

As the value of government contracts increases, so does the likelihood your company, as the winning bidder, will face a size and standard protest from a disappointed bidder. Defending a size and standard protest is at best annoying and, at worst, truly concerning. The process can feel a little (or a lot) like finding yourself a target of a police state investigation: a full-scale review of your business documents, initiated by vague allegations

Incomplete Novation = No Direct Economic Interest

Incomplete Novation = No Direct Economic Interest

Parties with an unapproved novation agreement aren’t eligible to protest agency award decisions. The GAO found that under the bid protest provisions of the Competition in Contracting Act of 1984 only an “interested party” may protest a federal procurement. The protester must be an actual or prospective offeror to have a direct economic interest in the award of a contract.

Successful GAO Price Realism Protest Requires the Right Solicitation

Successful GAO Price Realism Protest Requires the Right Solicitation

Small businesses are frustrated when underbid by competitors for federal task orders. These businesses may challenge awards based on price realism. They may even have evidence the contract cannot be performed at the offered price.  While the evidence may be compelling and change the outcome of an award decision, it will not be considered – unless the solicitation specifically requires an evaluation of the price realism.

Forest fires and Task orders exceeding the scope of the original IDIQ

When Task Orders Exceed Your Contract

This bid protest, filed by Western Pilot Service (WPS) and three other contractors, protested the BLM’s issuance of a task order, which in the view of the protester exceeded the scope of the original IDIQ, and was therefore illegal. The back story to this protest is that the BLM originally issued to solicitations; one for on-call aircraft services for forest fire suppression and another solicitation for 100 day

Decision Two: Sovereign Acts, Agency Deference and Contract Disputes

A second key government contract case decided in 2017 involved court agency deference to an agency’s interpretation of its own regulations. The case decided a subcontractor’s Request for an Equitable Adjustment (REA) springing from what the subcontractor argued was a change in government regulation and policy.