On August 23, the U.S. Small Business Administration (SBA) issued a proposed rule that would make significant changes to SBA’s recertification requirements. Most notably, the rule would change when size and socioeconomic status are determined and amend when a contractor’s eligibility under certain multiple-award contracts upon recertification. Continue Reading SBA Seeks to Make Changes to Recertification Requirements for Multiple-Award Contracts
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
SBICCT Initiative Adds New Tool to Drive Innovation
The Department of Defense (DoD) has long searched for ways to foster innovation in the defense industrial base by harnessing US comparative advantages like our capital markets and American technological innovation. The recent establishment of the Small Business Investment Company Critical Technology (SBICCT) Initiative aims to do just that as it adds another instrument to the DoD’s tool belt in order to “build enduring advantages for the warfighter and for the taxpayer.” Given the favorable terms offered, those looking to deploy capital should carefully review the benefits the SBICCT program has to offer.Continue Reading SBICCT Initiative Adds New Tool to Drive Innovation
HHS Proposed Rule Seeks to Align Health IT Procurement Standards to Leverage Interoperable Data
On August 9, the Department of Health and Human Services (HHS) published a proposed rule that seeks to amend and update the Health and Human Services Acquisition Regulation (HHSAR) to align health IT procurement requirements. The rule mandates that health IT procured by HHS meet certain “standards and implementation specifications adopted by the Office of the National Coordinator for Health Information Technology.”Continue Reading HHS Proposed Rule Seeks to Align Health IT Procurement Standards to Leverage Interoperable Data
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
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
FAR Council Announces Proposal to Ban Government Purchases and Use of Certain Semiconductors
On May 3, the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an Advanced Notice of Proposed Rulemaking (ANPRM) that would prohibit executive agencies from procuring electronic goods and services incorporating semiconductor products and services from certain named companies and others affiliated with the governments of U.S. adversaries. Continue Reading FAR Council Announces Proposal to Ban Government Purchases and Use of Certain Semiconductors
Department of Defense Issues Class Deviation Delaying Application of NIST SP 800-171, Revision 3
On May 2, the Department of Defense (DOD) issued a class deviation to DFARS 252.204-7012 “to provide industry time for a more deliberate transition upon the forthcoming release of [National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, Revision 3].”Continue Reading Department of Defense Issues Class Deviation Delaying Application of NIST SP 800-171, Revision 3
Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage Case
On April 30, the U.S. Court of Appeals for the Tenth Circuit affirmed a lower court’s ruling denying a bid from two outdoor recreation companies asking for a preliminary injunction on a 2021 Department of Labor (DOL) rule that increased the minimum wage paid by government contractors to $15 an hour. Continue Reading Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage Case