On April 19, the U.S. Court of Appeals for the Ninth Circuit reversed a permanent injunction that had enjoined President Biden’s “Contractor Vaccine Mandate,” taking an expansive view of presidential authority under the Federal Property and Administrative Services Act (FPASA). Continue Reading Ninth Circuit Green Lights Contractor Vaccine Mandate
Recent False Claims Act Settlements in Government Contracts Cases
The government continues to prioritize fraud involving government contractors, as the Department of Justice’s (DOJ) most recent annual report on civil fraud recovery shows.
Although the majority of government recoveries are related to the healthcare industry, the government still recovered hundreds of millions of dollars in 2022 alone not related to the healthcare industry. Government
Department of Defense to Require Contractors Proactively Provide DCMA with Export Authorizations
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
First CHIPS Opportunity Lays Out Requirements and Application Process
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
SBA Proposed Rule Permits Prime Contractors to Receive Subcontracting Credit from Any Tier
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
[WEBINAR] Federal Government Contracts: New SBA Certification Program for Veteran-Owned Small Businesses
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
Joint Venture Past Performance Can Be Gleaned from Previous Prime-Sub Relationships
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
Task Orders May Carry Implicit Size Recertification Requirements
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
Webinar: The FTC’s Proposed Ban on Non-Competes and What It Could Mean for You
On January 5, the Federal Trade Commission (FTC) proposed a new rule that would prohibit employers from imposing non-competes on workers, and, if finalized, will have far reaching implications for many businesses operating in the United States. The proposed ban would make it illegal for employers to enter into or attempt to enter into non-compete agreements with workers, continue to maintain such agreements if they already exist, or represent that a worker is subject to a non-compete. It would further require companies with active non-competes to inform workers that they are void. Under the proposed rule, non-competes that bar workers from accepting competing employment or starting a competing business would be prohibited.
Join us for a webinar in which Bass, Berry & Sims labor & employment and antitrust attorneys will address topics and concerns pertaining to the proposed ban, including:Continue Reading Webinar: The FTC’s Proposed Ban on Non-Competes and What It Could Mean for You
Attention SBIR Applicants…Remember that Affiliation Rules Still Apply
The Small Business Innovation Research (SBIR) program has an interesting construction. With seemingly no competition to bring size protests and the successful completion of a previous grant before a second grant, the unusual process can make participants forget that normal Small Business Administration (SBA) size regulations still apply. A recent SBA Office of Hearings and Appeals (OHA) decision reminds SBIR awardees to comply with all affiliation rules and ownership requirements or risk losing follow-on SBIR awards.Continue Reading Attention SBIR Applicants…Remember that Affiliation Rules Still Apply