I recently authored an article for Federal News Network offering insight on adjustments made by the Trump administration related to small business federal contracting goals moving forward.
Continue Reading Changes Related to Small Business Federal Contracting GoalsCompliance with Limitation on Subcontractor is Ostensible Subcontractor Safe Harbor
On June 2, the Small Business Administration’s (SBA) Office of Hearing and Appeals (OHA) denied a size appeal filed by Veteran Elevator Solutions, LLC (VES) challenging the size of Bass, Berry & Sims’ client GD Resources, LLC (GD Resources). This decision demonstrates the application of the 2023 “safe-harbor” addition to the ostensible subcontractor rule as previously discussed in an earlier blog post.
Continue Reading Compliance with Limitation on Subcontractor is Ostensible Subcontractor Safe HarborMentor Protégé Joint Venture Size Determination – A Responsible Manager Must Retain Exclusive Responsibility
The Small Business Administration’s (SBA) Mentor-Protégé Program allows a large company to joint venture with a smaller firm without the two entities being treated as one for size purposes – so long as a joint venture agreement gives the protégé managerial control. Size Appeal of Acacia7 JV shows how drafting loose managerial terms can lead to an unfavorable outcome.
Continue Reading Mentor Protégé Joint Venture Size Determination – A Responsible Manager Must Retain Exclusive ResponsibilityPreparing for the Unexpected: Legal and Strategic Considerations in Federal Contract and Grant Terminations
Federal contractors and grant recipients are no strangers to changing requirements and evolving priorities. But in recent months, we’ve seen a noticeable increase in stop work orders, early terminations, and administrative actions that directly impact performance, cash flow, and compliance obligations.
These situations are rarely straightforward. Agencies may issue stop work orders based on shifting funding or political directives. Terminations may stem from compliance findings or performance concerns, even when the root causes are unclear or disputed. Contractors and recipients must be ready to respond quickly with a sound understanding of the legal framework and a plan for recovery.
To help navigate this complex landscape, we hosted a webinar with Donna Dominguez of Aprio.
Continue Reading Preparing for the Unexpected: Legal and Strategic Considerations in Federal Contract and Grant TerminationsIs the “Pause” Over? DOJ Resumes FCPA Enforcement, Announces Guidelines
On June 9, Deputy Attorney General Todd Blanche issued a memorandum entitled Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (the Memo) addressed to the head of the Criminal Division of the U.S. Department of Justice (DOJ) laying out the evaluation criteria and a non-exhaustive list of factors the Criminal Division should use to decide whether to pursue a Foreign Corrupt Practices Act (FCPA) case. The FCPA is the primary law by which the U.S. government seeks to prosecute and penalize bribery of non-U.S. government officials.
Continue Reading Is the “Pause” Over? DOJ Resumes FCPA Enforcement, Announces GuidelinesHow International Companies Should Navigate Supply Chain Scrutiny
I recently co-authored an article with Natasha Buchler, head of ESG at Aperio Intelligence, to provide advice for companies on how to protect themselves from supply chain disruption and compliance challenges.
Continue Reading How International Companies Should Navigate Supply Chain ScrutinyU.S. Government Eases Some Restrictions on Syria
On May 23, 2025, the U.S. Treasury Department, Office of Foreign Assets Control (OFAC) announced several actions to provide sanctions relief to Syria. OFAC is the primary government agency responsible for administering U.S. economic sanctions.
Continue Reading U.S. Government Eases Some Restrictions on SyriaBid Protest Minute: Insufficient Funds are Grounds to Cancel
On April 29, the Government Accountability Office (GAO) denied Davenergy-VCI JV, LLC’s protest of a solicitation’s cancellation, holding that the lack of available funding is sufficient grounds to cancel. In denying the protest, GAO determined that delays, even those occurring after the evaluation, do not invalidate a cancellation if a rational basis exists, such as changed requirements or insufficient funds.
Continue Reading Bid Protest Minute: Insufficient Funds are Grounds to CancelDOJ’s New Civil Rights Fraud Initiative – Expect Increased Enforcement
On May 19, the Department of Justice (DOJ) announced the launch of the Civil Rights Fraud Initiative, which will use the federal False Claims Act (FCA) to pursue claims against recipients of federal funds that knowingly violate federal civil rights law.
Continue Reading DOJ’s New Civil Rights Fraud Initiative – Expect Increased EnforcementBid Protest Minute – Protest Underscores Importance of Prejudice, Past Performance Requirements, and Protest Timing
On May 7, the Government Accountability Office (GAO) dismissed a protest challenging the terms of a solicitation for being unduly restrictive. The protest highlights three important considerations that contractors should understand when deciding to file a protest:
Continue Reading Bid Protest Minute – Protest Underscores Importance of Prejudice, Past Performance Requirements, and Protest Timing