Successful Strategies for Navigating Small Business Set-Asides
Join Partner Timothy Furin as he covers successful strategies for navigating small business set-asides in the GovConn Webinar Wednesday series! watch?v=x-7kXCHEYLk&feature=youtu.be
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SBA Mentor-Protégé Program Consolidation
On October 16, 2020, the U.S. Small Business Administration (“SBA”) published its final rule merging the 8 (a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé Program to eliminate confusion and remove unnecessary duplication of functions within the SBA. This is part of a government-wide regulatory reform initiative to review regulations and determine...
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ASBCA Jurisdiction and the “Suspicion” of Fraud: Government Overreach Held in Check
In the Appeal of Mountain Movers/Ainsworth-Benning, LLC, ASBCA No. 62164, the Armed Services Board of Contract Appeals (the “Board”) recently denied a Government motion to dismiss holding that once the Board was vested with jurisdiction, the contracting officer could not divest it of jurisdiction by his unilateral action of withdrawing the contracting officer’s final...
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Department of Defense Increases the Justification and Approval Threshold for Its Sole-Source Contract Awards to 8(a) Contractors to $100 Million
On June 5, 2020, the Department of Defense (DoD) amended the DoD Federal Acquisition Regulation Supplement (DFARS) to implement Section 823 of the FY 2020 National Defense Authorization Act. Section 823 increases the threshold for DoD justification and approval (J&A) for certain 8(a) program sole-source awards and provides that the approving authority for any...
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Interim Rule Implements Ban on Contractors Using Covered Telecommunications Products and Services from Certain China-Based Companies
On July 10, 2020, the FAR Council issued a prepublication version of an interim rule implementing Section 889(a)(1)(B) of the FY 2019 National Defense Authorization Act. The interim rule prohibits federal executive agencies from contracting with entities that use covered telecommunications products and services from certain Chinese companies like Huawei Technologies Company or ZTE...
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ASBCA Recognizes New Legal Theory Which Makes It Easier For Contractors To Win CDA Claims Against the Government: Negligent Negotiations By The Government Pre-Award Can Lead To Reformation And Equitable Adjustment After Award
In a groundbreaking decision, Appeal of Chugach Federal Solutions, Inc., ASBCA No. 61320, the ASBCA recognized that “negligent negotiations” on the part of the government during a proposal evaluation were grounds for the contractor to claim an equitable adjustment under the Contract Disputes Act (CDA). The FAR requires the government to conduct meaningful discussions...
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