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Todd Overman

Todd Overman is the chair of the firm’s Government Contracts practice and Managing Partner of the Washington, D.C. office.  He has over twenty years of experience advising companies on the unique aspects of doing business with the federal government. Over the last decade, he has advised on more than 50 transactions involving the purchase or sale of a government contractor.

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On April 27, the Small Business Administration (SBA) issued a final rule which, effective May 30, will make a number of changes to the SBA regulations impacting small businesses. The regulations, finalizing the proposed rule issued on September 9, 2022, provide new penalties for noncompliance with the limitations on subcontracting rule, updated joint venture (JV) and size requirements, and changes to the ostensible subcontractor rule. This post dissects the regulations and highlights a few noteworthy changes below.…

Continue Reading Final Rule Makes Host of Changes to SBA Regulations

We will join Chuck Jenkins, CEO of CWU, Inc., to present a panel titled “Preventing a Potential Protest/Handling a Federal Contract Protest Once it is Filed” for the FPTAC at the University of South Florida on June 8, 2023.

Continue Reading Preventing a Potential Protest/Handling a Federal Contract Protest Once it is Filed

On March 22, the Department of Defense (DOD) issued a proposed rule that would amend the Defense Federal Acquisition Regulations (DFARS) to require certain contractors to provide the Defense Contract Management Agency (DCMA) with relevant export authorizations (i.e., export licenses, exemptions, or exceptions). Currently, contractors are only required to make their export authorizations available for DCMA personnel to review at the contractor’s site. This rule would change that by shifting the burden to federal contractors.
Continue Reading Department of Defense to Require Contractors Proactively Provide DCMA with Export Authorizations

On August 9, 2022, the CHIPS and Science Act was signed into law allocating $52.7 billion in funding to the semiconductor industry. The legislation represents a historic investment in a critical industry and is designed to drive innovation and global economic competitiveness.

Continue Reading First CHIPS Opportunity Lays Out Requirements and Application Process 

On December 19, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule that would amend the SBA regulations to implement Section 870 of the National Defense Authorization Act (NDAA) of 2020. Section 870 makes noteworthy changes to the requirements a federal contractor must adhere to when attempting to obtain subcontracting credit for lower-tier subcontracts. …

Continue Reading SBA Proposed Rule Permits Prime Contractors to Receive Subcontracting Credit from Any Tier

I am looking forward to participating in a webinar titled, “Federal Government Contracts: New SBA Certification Program for Veteran-Owned Small Businesses” hosted by Strafford on February 28, 2023, from 1:00 pm-2:30 pm EST. Our panel will guide counsel on navigating the SBA certification program for VOSBs and SDVOSBs effective Jan. 1, 2023. We will review eligibility requirements, crucial certification procedures, and compliance obligations for entities and joint ventures. The panel will also offer certification best practices for receiving future set-aside or sole-source federal government contracts.

Continue Reading [WEBINAR] Federal Government Contracts: New SBA Certification Program for Veteran-Owned Small Businesses

Over the last few years, the government has shifted away from lowest price technically acceptable valuations placing a larger importance on past performance. The past performance requirement can sometimes create obstacles for firms who lack the required substantive past performance bonafides. A recent Government Accountability Office (GAO) decision offers another avenue as the agency attributed the past performance of two joint venture (JV) partners who previously worked as a prime and subcontractor on similar contracts to their Mentor-Protégé JV. …

Continue Reading Joint Venture Past Performance Can Be Gleaned from Previous Prime-Sub Relationships

All government contractors routinely review and negotiate subcontractor agreements. Whether you are the prime or the subcontractor, these agreements are critical for delivering solutions to government customers and capturing federal compliance requirements.

Please join our panel of Bass, Berry & Sims Government Contracts experts – Richard Arnholt, Todd Overman, and Sylvia Yi – along with our in-house colleague, Chad Pryor, Chief Counsel, Public Sector at TTEC, to discuss the art of negotiating subcontractor agreements and best practices for ensuring a successful relationship for both parties.

The webinar will take place on Monday, March 6, 2023, from 1:00 p.m. – 2:00 p.m. ET. Click here to register.…

Continue Reading Register Now | Subcontract Negotiation Strategy and Best Practices Webinar

Generally, when a business is awarded a multi-year IDIQ contract, it retains its “small” business designation unless a contracting officer (CO) requires the business to recertify its size status, and has since grown larger than the small business threshold. A recent decision from the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) throws a wrench into that general understanding when OHA found an implicit recertification requirement absent an express requirement or CO demand.…

Continue Reading Task Orders May Carry Implicit Size Recertification Requirements

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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