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…

The often-heard claim that “a teaming agreement is not legally enforceable” is really a half-truth; the whole truth is that only some of the provisions in a teaming agreement are not enforceable. Because teaming agreements can play such a critical role in winning a multiple-award Indefinite Delivery Indefinite Quantity contract,…

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 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…

Among all the various websites that government contractors have to monitor, which is the most important one? According to a recent GAO decision, it’s beta.SAM.gov because notice there creates an un-rebuttable presumption that a contractor received notice of agency action.  In this case, even though the agency had not complied…

Contractors should not assume that every procurement action by every agency is subject to the protest jurisdiction of the Government Accountability Office (GAO). Some agencies have special exemptions from the federal procurement rules and regulations. In addition, as several contractors recently learned, some agency procurement actions, especially those in the…

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…

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…

Keeping 8(a) procurements in the 8(a) program is procurement policy. Follow-on work must stay within the 8(a) program unless the Small Business Administration (SBA) concludes that the follow-on work is a “new requirement.” The term “new requirement” includes: “[t]he expansion or modification of an existing requirement … where the magnitude…