The U.S. Small Business Administration (SBA) has suspended 1,091 participants in the 8(a) Business Development Program after concluding that those firms did not timely submit required documentation in response to SBA’s recent program-wide data request. The suspensions are part of a broader effort by SBA to audit the 8(a) program and root out fraud, waste, and abuse.
Continue Reading SBA Suspends Over 1,000 8(a) Participants After Program-Wide Audit Data Request While DoW Announces Line-By-Line Review of All Small Business Awards Over $20 MillionGovernment Contracts
Supreme Court Leaves “Interested Party” Limits Intact in Percipient.ai, Reinforcing Bid Protest Standing at COFC
By Todd Overman on
Posted in Bid Protests, Government Contracts
On January 12, the U.S. Supreme Court denied Percipient.ai’s (Percipient) petition for certiorari, leaving in place an en banc Federal Circuit decision that restricts who qualifies as an “interested party” eligible to bring a bid protest at the U.S. Court of Federal Claims (COFC).
Continue Reading Supreme Court Leaves “Interested Party” Limits Intact in Percipient.ai, Reinforcing Bid Protest Standing at COFCD.C. District Court Dismisses Challenge to a “Buy America” Waiver for Brightline West High-Speed Rail Project
By Todd Overman on
A federal district court in Washington, D.C. recently dismissed a lawsuit brought by Alstom seeking to overturn a Federal Railroad Administration (FRA) waiver that allows Siemens to supply certain foreign-made components for the Brightline West high-speed rail project between Las Vegas and Southern California.
Continue Reading D.C. District Court Dismisses Challenge to a “Buy America” Waiver for Brightline West High-Speed Rail ProjectPreparing for DoD’s Upcoming DFARS Rule on Beneficial Ownership and FOCI Vetting
By Todd Overman on
Posted in Government Contracts, U.S. Department of Defense
The Department of Defense (DoD) is preparing to roll out new requirements that will significantly expand how it evaluates and mitigates foreign ownership, control, or influence (FOCI) across its contractor base. Under Section 847 of the Fiscal Year 2020 National Defense Authorization Act (NDAA), the DoD must establish procedures to assess and mitigate FOCI risks for both cleared and uncleared contractors involved in unclassified defense contracts, subcontracts, or research awards valued at $5 million or more. In May 2024, the DoD took its first formal step toward implementation by issuing DoD Instruction 5205.87, which sets policy for evaluating beneficial ownership and identifying potential foreign control early in the contracting process.
Continue Reading Preparing for DoD’s Upcoming DFARS Rule on Beneficial Ownership and FOCI VettingCOFC Decision Highlights Risks in Mentor-Protégé Joint Venture Agreements
By Todd Overman on
On September 18, the Court of Federal Claims (COFC) issued a decision in Multimedia Environmental Compliance Group JV v. United States, denying a bid protest that challenged the Small Business Administration’s (SBA’s) Office of Hearings and Appeals (OHA) ruling on joint venture eligibility.
Continue Reading COFC Decision Highlights Risks in Mentor-Protégé Joint Venture AgreementsFAR Part 19 Rewrite: Key Developments for Small Business Contracting
By Richard Arnholt & Sylvia Yi on
The Federal Acquisition Regulatory (FAR) Council recently released its long-awaited overhaul of FAR Part 19, the section governing small business programs. While the rewrite is part of the Trump administration’s broader initiative to reduce the FAR to statutory and “essential” provisions, the changes to Part 19 carry significant implications for both small and large contractors.
Continue Reading FAR Part 19 Rewrite: Key Developments for Small Business ContractingFAR Council’s Final Rule Requiring Active SAM Registration at Two-Points in the Contract Acquisition Process
By Richard Arnholt on
I recently authored an article for Washington Technology discussing the recent final rule published by the Federal Acquisition Regulatory (FAR) Council clarifying that an offeror must be registered in the federal System for Award Management (SAM) when submitting an offer and when the contract is awarded, and how the rule change affects businesses trying to acquire federal contracts.
Continue Reading FAR Council’s Final Rule Requiring Active SAM Registration at Two-Points in the Contract Acquisition ProcessLegal/Legislative Update at the GWSCPA 2025 Government Contracting Conference
By Todd Overman on
On September 25, join me in Vienna, Virginia at the Greater Washington Society of CPAs (GWSCPA) 2025 Government Contracting Conference where I will lead a session on the latest Legislative and Legal Updates.
Continue Reading Legal/Legislative Update at the GWSCPA 2025 Government Contracting ConferenceSBA Proposes Bigger Size Standards: What It Means for Small Businesses
By Richard Arnholt on
On August 22, the U.S. Small Business Administration (SBA) proposed an important change that could affect thousands of companies competing for federal contracts. In the proposed rule, the SBA suggested raising certain size standards used to determine when a company is considered “small.” If finalized in its current form, the proposal will increase thresholds across 263 industries, from telecommunications and natural gas pipelines to commercial banking, and could add more than 11,000 firms to the small business category.
Continue Reading SBA Proposes Bigger Size Standards: What It Means for Small BusinessesRobust Federal Contracts Market in Huntsville
By Todd Overman on
I was quoted by the Huntsville Business Journal (HBJ) in a recent article about the metro area’s economy, which relies heavily on government contract work, and why it may be positioned for even more federal growth. Currently, the Huntsville area market relies on what I called its “three major pillars” of federal contract work stemming from NASA, Redstone Arsenal and the FBI.
Continue Reading Robust Federal Contracts Market in Huntsville