Implementing Section 823 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA FY ‘20), on July 5, 2020, the Department of Defense (DoD) amended the DoD Federal Acquisition Regulation Supplement (DFARS) to increase the threshold for requiring sole source justifications of awards to Small Business Administration (SBA) certified 8(a) small disadvantaged businesses.
Helping individuals, companies, and organizations understand key legal and practical considerations for promoting compliance and making better business decisions in these types of federal, state, and local government contracting matters MORE
Small Business / Socioeconomic Issues
Flouting Affiliation Rules When Pursuing Small Business Set-Asides Can Lead to FCA Woes
By Eric Whytsell on
If you were somehow still wondering whether small businesses really need to be concerned about the affiliation rules in the Small Business Administration (SBA) regulations, the answer is a resounding “Yes.” Furthermore, running afoul of those rules can easily lead to liability under the False Claims Act (FCA), as most recently demonstrated by an Oklahoma…
Hope Is Not a Strategy: Protest Shortcomings of Corrective Action as Soon as You See Them
By Eric Whytsell on
When an agency announces its intent to take corrective action in response to a protest, it’s easy for the protester to feel that it has “won”—and to some extent it has. At the very least, its protest has prompted the agency to regroup and remedy one or more perceived problems with the subject procurement. Despite…
Small Business Runway Act Regulation Goes Into Effect – You May Have a Choice in How to Calculate Your Size
By Susan Ebner on
Being a small business can have its advantages. Federal procurement rules provide that certain contracting opportunities may be set-aside for small business competition. Small businesses also may be exempt from certain procurement provisions, such as subcontracting plan requirements and coverage under Federal Cost Accounting Standards (CAS). Prime and higher-tier subcontractors also are incentivized to use…
When the Government Asks for Required Information, Answer (But First Make Sure You Have Prepared for the Question).
By Eric Whytsell on
You might think that this could go without saying, but apparently it can’t: If you want to succeed in your dealings with the federal government, you need to timely provide information required by law, particularly when government personnel specifically ask you for it. The recent decision of the SBA’s Office of Hearings and Appeals in…