We recently authored an article for Federal News Network discussing how to navigate Trump administration changes to government contracting and grants.Continue Reading Changes to Government Contracting and Grants Under the Trump Administration
Bid Protest Minute: GAO Decision Clarifies SAM Registration Rule
On January 8, the Government Accountability Office (GAO) sustained a pre-award bid protest filed by Bass, Berry & Sims PLC (Bass Berry), which challenged the Federal Law Enforcement Training Centers’ (FLETC or the Agency) determination to exclude the protester, UNICA-BPA JV, LLC (UNICA), from a competition when UNICA had an active SAM registration at the time of final proposal revision (FPR), but not at the time of its initial proposal submission. The decision clarifies that FAR 52.204-7, System for Award Management applies to the proposal that would bind the offeror to perform the resultant contract.Continue Reading Bid Protest Minute: GAO Decision Clarifies SAM Registration Rule
Webinar | CMMC is Here (Finally!): What Contractors Should Know
Join us for a webinar on navigating the DoD’s new CMMC compliance requirements, implementation timeline, and key cybersecurity controls contractors need to meet eligibility for contract awards.Continue Reading Webinar | CMMC is Here (Finally!): What Contractors Should Know
Bid Protest Minute: COFC Makes It Clear; SAM Registration Can Sink a Proposal
On September 10, the Court of Federal Claims (COFC) issued an opinion in Zolon PCS II, LLC v. United States, holding that the National Geospatial-Intelligence Agency (NGA or Agency) unreasonably issued a deviation from FAR 52.204-7, which requires offerors to be continuously registered in SAM.gov from the time of proposal submission through award. Continue Reading Bid Protest Minute: COFC Makes It Clear; SAM Registration Can Sink a Proposal
DoD Publishes Proposed Rule to Amend DFARS Provisions Related to the CMMC 2.0 Program
On August 15, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the proposed Cybersecurity Maturity Model Certification (CMMC) 2.0 program rule. Continue Reading DoD Publishes Proposed Rule to Amend DFARS Provisions Related to the CMMC 2.0 Program
Exception to Commercial Determination for Non-Traditional Defense Contractors Offers New Opportunities
In addition to opening the door to possible awards under the government’s Other Transactions Authority (OTA), products and services provided by contractors that meet the definition of a Non-Traditional Defense Contractor (NDC) may be treated by the government as commercial without any commercial determination pursuant to Defense Federal Acquisition Regulation Supplement (DFARS) 252.215-7013. Continue Reading Exception to Commercial Determination for Non-Traditional Defense Contractors Offers New Opportunities
OHA Decision Reaffirms SBA’s Strict Adherence to Joint Venture Requirements
In a recent decision, the Office of Hearings and Appeals (OHA) affirmed a Small Business Administration (SBA) Area Office’s size determination and held that procedural deficiencies in a contractor’s Joint Venture Agreement (JVA) and its supporting addendum disqualified it from small business status for the subject procurement.Continue Reading OHA Decision Reaffirms SBA’s Strict Adherence to Joint Venture Requirements
SBA Final Rule Eliminates Self-Certification for Service-Disabled Veteran-Owned Small Businesses
On June 6, the Small Business Administration (SBA) issued a final rule that, effective August 5, 2024, implements a provision of the National Defense Authorization Act for Fiscal Year 2024 (2024 NDAA), which eliminates the ability of service-disabled veteran-owned small businesses (SDVOSBs) to self-certify their small business socioeconomic status for subcontracts and other non-set aside prime contracts. Continue Reading SBA Final Rule Eliminates Self-Certification for Service-Disabled Veteran-Owned Small Businesses
Cyber Defense Magazine Article on CMMC Proposed Rule
We published an article titled “Department of Defense Publishes Long-Awaited CMMC Proposed Rule,” in the March 2024 edition of Cyber Defense Magazine.Continue Reading Cyber Defense Magazine Article on CMMC Proposed Rule
[WEBINAR] Foreign Ownership, Control, or Influence (FOCI)
We are looking forward to presenting on Foreign Ownership, Control or Influence, or FOCI, during a webinar hosted by MD APEX on February 7. In an increasingly global economy, for those companies interested in doing classified work for the U.S. Government it is vitally important to understand what constitutes FOCI and how such concerns can be mitigated.Continue Reading [WEBINAR] Foreign Ownership, Control, or Influence (FOCI)