Author Archives: Stephanie Wilson
by Stephanie Wilson | May 18, 2020 |
Government Contracts
GAO recently sustained a protest that the agency improperly credited awardees for having mandatory certifications, where the certifications provided in the proposals were issued to affiliated entities and not the offeror. In that same procurement, GAO determined that the agency also unreasonably credited one of the awardees with the corporate…
by Stephanie Wilson | May 18, 2020 |
Government Contracts
On May 6, 2020, the FAR Council issued a final rule amending the FAR to implement President Trump’s October 31, 2019 Executive Order revoking President Obama’s January 30, 2009 Executive Order on the Nondisplacement of Qualified Workers Under Service Contracts. The final rule deletes FAR subpart 22.12 in its…
by Stephanie Wilson | May 18, 2020 |
Government Contracts
On May 11, 2020, the SBA published a final rule implementing a certification requirement for Women-Owned Small Businesses (WOSBs) and Economically Disadvantages Women-Owned Small Businesses (EDWOSBs) and adjusting the economic disadvantage thresholds for determining whether an individual qualifies as economically disadvantaged for both the EDWOSB and 8(a) programs. WOSB/EDWOSB Certification…
by Stephanie Wilson | May 13, 2020 |
Corporate & Technology Law
, Employment & Labor Law
On May 13, 2020, the U.S. Department of the Treasury and the Small Business Administration revised their Frequently Asked Questions concerning the Paycheck Protection Program (“PPP”) to provide additional guidance on how it would review a borrower’s certification that “[c]urrent economic uncertainty makes this [PPP] loan request necessary to support…
by Stephanie Wilson | April 20, 2020 |
Government Contracts
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which is an expansive economic relief bill, includes a provision that may provide relief to contractors whose employees are unable to work due to coronavirus-related facility closures or other restrictions. This provision, Section 3610, permits agencies to modify the terms and…
by Stephanie Wilson | March 24, 2020 |
Government Contracts
On March 20, 2020, the Office of Management and Budget (OMB) issued a Memorandum to the Heads of Executive Departments and Agencies to identify steps to ensure the health and safety of federal contractors while maintaining continued contract performance. This OMB guidance should provide some standardization across federal agencies in…
by Stephanie Wilson | March 19, 2020 |
Government Contracts
With the coronavirus now severely impacting the United States, many government contractors are now forced to deal with unforeseen contractual, legal, and business challenges. Here are some recommendations to help government contractors prepare for the potential impacts on their business. Issue No. 1: Disruptions in…
by Stephanie Wilson | February 18, 2020 |
Government Contracts
A protestor recently learned the hard way that filing a timely agency-level pre-award protest does not preserve those protest claims indefinitely. The U.S. Customs and Border Patrol (CBP) published a solicitation for application development and operations and management support services. After receiving initial offers, the CBP issued two key…
by Stephanie Wilson | January 22, 2020 |
Government Contracts
A recent GAO decision reaffirms that an agency’s alleged failure to comply with debriefing requirements is a procedural matter not considered by GAO. This decision also highlights why an unsuccessful offeror should be aware of the situations in which a debriefing is actually required by the FAR, as opposed to…
by Stephanie Wilson | November 13, 2019 |
Government Contracts
Earlier this month, GAO issued its Bid Protest Annual Report to Congress for Fiscal Year 2019. The Annual Report provides data on the protests filed with the GAO, including a summary of the most common grounds for sustaining protests. GAO received 2,198 cases in FY2019, as compared to 2,607 the…
