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Government Contracts

SBA Issues Final Rule Implementing WOSB Certification Requirements

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…

FAR Class Deviation Accelerates Payments to Small Business Primes 

On Behalf of Berenzweig Leonard, LLP | April 21, 2020 | Government Contracts

On March 30, 2020, the Civilian Agency Acquisition Council (CAAC), the civilian agency component of the FAR Council, expanded the availability of accelerated payments. It issued a FAR class deviation to add small business prime contractors to those entitled to accelerated payments. In doing so, the CAAC implemented a…

FAR Council: “Contract” Does Not Include “Order” in SBA Law

On Behalf of Berenzweig Leonard, LLP | April 20, 2020 | Government Contracts

The new FAR regulations dealing with the small business programs in FAR Part 19 recently adopted by the FAR Council can get lost in the news of the coronavirus and the need for contractors to find ways to keep their doors open. But, buried among the 28 pages of 3-column…

Section 3610 of the CARES Act Provides Relief to Impacted Contractors

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…

OMB Issues Guidance to Agencies on Managing Federal Contract Performance Issues Associated with COVID-19

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…

3 Ways Contractors Can Get Proactively Involved in CPARS Evaluations

On Behalf of Berenzweig Leonard, LLP | March 20, 2020 | Government Contracts

Getting government contracts in the future depends greatly on how well a company has performed in the past. That’s because Federal procurement policy for years has stressed the importance of the government using past performance as a mandatory evaluation factor in solicitation for future contracts. Often, these solicitation evaluations are…

How Government Contractors Can Prepare For and Mitigate Challenges Due to the Coronavirus

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…

Amazon Pays High Price for Holding Up JEDI

On Behalf of Berenzweig Leonard, LLP | February 18, 2020 | Government Contracts

Unlike the automatic stay of performance that protestors get for free at the Government Accountability Office (GAO), stopping contract performance at the U.S. Court of Federal Claims (COFC)  comes at a price. The COFC recently imposed a $42,000,000 bond on Amazon for stopping performance of the JEDI contract. The…

Unjustified Delay in Filing Pre-Award Protest Amounts to a Waiver of Protest Grounds

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…

DoD releases Version 1 of the Cybersecurity Maturity Model Certification Framework

On Behalf of Berenzweig Leonard, LLP | February 11, 2020 | Government Contracts

DoD Releases V1 of CMMC Framework On January 30, 2020, DoD released Version 1 of the Cybersecurity Maturity Model Certification Framework (CMMC v.1).  When fully implemented, this framework will create a unified standard by which all DoD contractors will be required to certify their ability to protect Federal Contract…