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The Department of Defense, General Services Administration, and NASA issued a proposed rule to adjust several acquisition-related thresholds for inflation. Key increases include the micro-purchase threshold and simplified acquisition threshold, benefiting small businesses and industry overall. Comments on the proposed rule are due by January 28, 2025.
On November 18, the Government Accountability Office ("GAO") released its much-anticipated Bid Protest Annual Report to Congress for Fiscal Year 2024, which was submitted to Congress on November 14. GAO's annual report is required under the Competition in Contracting Act of 1984 ("CICA") and provides the government contracting community with good insight into GAO's bid protest function, including key statistics and GAO's most prevalent grounds on which it sustained bid protests during FY24. [1]
Government contractors and other industry professionals that become familiar ...
On November 12, the Department of Defense, General Services Administration, and the National Aeronautics and Space Administration (together, the "FAR Council") issued an interim rule, effective November 12, 2024, to amend the Federal Acquisition Regulation ("FAR") clause regarding System for Award Management ("SAM") registration. The interim rule is welcome news for contractors of all sizes, as the prior version has resulted in contractors being ineligible on what some have called a technicality.
As many contractors are aware, the SAM registration requirements under FAR ...
On Friday (10/25/24), the Small Business Administration issued a proposed rule that would expand the application of the "rule of two" (for small business) to orders under multiple award contracts. The proposed rule is welcome news for small businesses, particularly as the rule of two has been subject to competing interpretations in protest tribunals. Comments on the proposed rule must be received on or before December 24, 2024.
Generally, the small business "rule of two" requires agencies to set aside contracts for small business where the agency expects at least two small ...
With just a week to go in FY24, federal agencies are rushing to spend those "use it or lose it" dollars. And while there are a number of reasons that support filing a bid protest when you're an unsuccessful offeror – this time of year or at any other time – what about when you win the contract? Well, if your company is awarded a contract and an unsuccessful offeror challenges your win, you should consider intervening in the bid protest.
Virtually every federal contractor knows how difficult it is to win a government contract. Indeed, many contractors often start pursuing larger contracts ...
The Small Business Administration ("SBA") recently issued a proposed rule that changes the effect of a concern's size recertification following mergers and acquisitions ("M&A") activity. Notably, the proposed rule is ostensibly an omnibus proposal as it covers a host of issues under SBA's socio-economic contracting programs. The proposed rule, for example, includes changes to SBA's negative control affiliation provisions (discussed here), joint venture rules, mentor-protégé rules, and others. Comments on the proposed rule are due on or before October 7, 2024.
SBA's ...
Recently, the Small Business Administration ("SBA") issued a proposed rule, which could significantly alter the status quo for permissible negative control. Impacted small businesses and their minority shareholders and investors should consider submitting comments to ensure that SBA's final rule provides sufficient clarity and flexibility so as not to upend current common practices when drafting operating agreements or stifle investment. Comments on the proposed rule are due on or before October 7, 2024.
Prior to diving into the proposed rule and its ripple effect, a recent ...
Maynard Nexsen Government Contracts attorneys Joshua Duvall and Macy Climo take a deep dive into a recent Government Accountability Office (“GAO”) decision that highlights the Small Business Administration’s (“SBA”) regulations relating to agency evaluations of a mentor-protégé joint venture’s past performance and experience, including under the SBA’s joint venture workshare rule.
Check out the complete article: GAO Decision Highlights Agency’s Evaluation of Mentor-Protégé Joint Venture, But Could Unintentionally Lead Industry Astray on ...
As many government contractors know all too well, doing business with the government requires contractors to become familiar with and adhere to countless rules and regulations governing the procurement process. As shown in a recent Government Accountability Office ("GAO") protest decision, a contractor's failure to follow one such regulation can have a harsh outcome, as an awardee was deemed ineligible for failing to be continuously registered in the System for Award Management ("SAM").
The decision of TLS Joint Venture, LLC, B-422275, April 1, 2024, 2024 CPD involves a ...