Photo of Adam Briscoe

Adam Briscoe

Adam Briscoe advises companies as they navigate the contracting process with federal, state, and local governments. He counsels and represents clients on bid protests before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC), contract claims and disputes, teaming and subcontracting issues, due diligence for mergers and acquisitions, data rights and intellectual property issues, and compliance with cybersecurity and Small Business Administration (SBA) regulations. He further represents nontraditional contractors that provide emerging technology solutions and innovative services to the federal government through nontraditional contracting vehicles.

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

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

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

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

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

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)

On December 26, the Department of Defense (DoD) published its long-awaited Cybersecurity Maturity Model Certification (CMMC) Program proposed rule, which places comprehensive cybersecurity and information security requirements on DoD contractors and subcontractors. Continue Reading Department of Defense Publishes Long-Awaited CMMC Proposed Rule

Please join us on November 2 for an engaging webinar, Demystifying Controlled Unclassified Information Requirements: Overview of the Regulatory Landscape and Strategies for Implementing a Successful Compliance Program, alongside Stacy High-Brinkley from BDO. Together, we will illuminate the dynamic landscape of federal Controlled Unclassified Information (CUI) requirements.Continue Reading Register Now | Demystifying Controlled Unclassified Information Requirements Webinar