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Author Archives: Stephanie Wilson

SBA’s Recent Changes to the SBA’s Mentor-Protégé Program

by Stephanie Wilson | November 20, 2020 | Government Contracts

On October 16, 2020, the SBA issued an extensive final rule that makes numerous revisions and clarifications to the small business procurement regulations. We previously provided a high-level overview of some of the most significant changes implemented by the new rule. This article provides further analysis of the changes…

SBA Issues Extensive Final Rule Revising Several Small Business Contracting Regulations

by Stephanie Wilson | October 20, 2020 | Government Contracts

On October 16, 2020, the SBA issued an extensive final rule that makes numerous revisions and clarifications to the small business procurement regulations.  This article provides a high-level overview of some of the most significant changes implemented by the new rule, and we will provide further analysis of these…

Executive Order Prohibiting Divisive Workplace Training

On Behalf of Berenzweig Leonard, LLP | October 19, 2020 | Government Contracts

Executive Order Prohibiting Divisive Workplace Training by Aleksey House (Law Clerk) On September 22, 2020, President Trump issued Executive Order (EO) 13950, “Combating Race and Sex Stereotyping,” which bans federal contractors from providing training that “inculcates in its employees any form of race or sex stereotyping or any form…

GAO Confirms Limitations on Protestor’s Ability to Recover Costs Following Agency Corrective Action

by Stephanie Wilson | September 22, 2020 | Government Contracts

Under GAO’s Bid Protest Regulations, “[i]f the agency decides to take corrective action in response to a protest, GAO may recommend that the agency pay the protester the reasonable costs of filing and pursuing the protest, including attorneys’ fees and consultant and expert witness fees.” 4 C.F.R. § 21.8(e). GAO…

GAO Denies Protest of Offeror Who Failed to Include Required Information in Correct Section of Proposal

by Stephanie Wilson | August 18, 2020 | Government Contracts

It is a contractor’s responsibility to submit a well-written proposal in response to a solicitation. As a recent GAO case illustrates, an agency will not find much value in an offeror’s broad, unspecific statements that do not allow the agency to make a meaningful review of that proposal. Nor can…

Agencies Must Allow Offerors to Submit Revised Proposals Following a Material Change to Solicitation Terms 

by Stephanie Wilson | July 16, 2020 | Government Contracts

It is not unusual for an agency to revise a solicitation when taking corrective action in response to a bid protest. A recent bid protest decision by GAO confirms that if an agency makes a material change to the solicitation’s terms, it must allow offerors to submit revised proposals in…

OMB Approves Revised OFCCP Disability Self-Identification Form

by Stephanie Wilson | June 17, 2020 | Government Contracts

Last month, the Office of Management and Budget (OMB) approved the use of a revised Voluntary Self-Identification of Disability Form (CC-305) released by the Office of Federal Contract Compliance Programs (OFCCP). Section 503 of the Rehabilitation Act requires federal contractors and subcontractors with at least 50 employees and contracts of…

Is My Company a Public Nuisance?: Community Threat in the COVID Age  

by Kristin A. Zech | June 16, 2020 | Employment & Labor Law

A number of Chicago-area McDonald’s employees and their live-in family members have filed a lawsuit against McDonald’s corporation and several franchisees, alleging that the restaurants’ unsafe working conditions during the coronavirus pandemic create a public health risk. In Massey, et al. v. McDonald’s Corp et al., (Case No. 2020-CH-4247), the…

SBA and Treasury Issue Interim Final Rule Implementing PPP Changes Made by the Paycheck Protection Program Flexibility Act

by Stephanie Wilson | June 12, 2020 | Business Litigation , Employment & Labor Law

On June 11, 2020, the SBA and the Treasury Department released an interim final rule to reflect the changes to the Paycheck Protection Program (PPP) made by the Paycheck Protection Program Flexibility Act (PPPFA). This interim final rule changes key provisions of the April 2, 2020 interim final rule, such…

Paycheck Protection Program Flexibility Act of 2020 Headed to President’s Desk

by Stephanie Wilson | June 4, 2020 | Business Litigation , Employment & Labor Law

On June 3, 2020, the Senate passed the Paycheck Protection Program Flexibility Act of 2020, which amends the Paycheck Protection Program (PPP) to modify provisions related to the forgiveness of loans under the program. This bipartisan bill was passed by the House on May 28 and now will go…