Legal Updates

The GAO and the Rule of Two

By: Christine V. Williams on 11/06/2015

This seems to be an active couple of weeks regarding government contracting as well as SBA matters.  This update will very briefly cover a protest regarding the rule of two within multiple award contracts; the Army not delaying an award to accommodate an 8(a) Eligibility Review; and the Supreme Court pulling from its docket the Veteran contracting case-instructing the lawyers to brief whether...

Update: SBA Proposed Rule and Size Protest on a Task Order

By: Christine V. Williams on 10/14/2015

This update will briefly cover a size protest on a task order (with a basic review) and a proposed SBA rule regarding other than small prime contractors getting small business credit for awards made to small business participants past first tier subcontractors.  This rule gets a little tricky on tracking and representations and certifications, but it makes sense in light of the proposed rules...

More Cybersecurity Rules

By: Christine V. Williams on 10/05/2015

This update will cover two things: (1) the new (yes, again) Department of Defense cybersecurity interim/final rule on reporting cyber incidents by contractors / subcontractors and (2) the money to fund these new rules and recovery of newly imposed requirements. Interim Final Rule Cybersecurity Implementing Statutory Requirements for DoD Contractors and Subcontractors to Report Cyber Incidents...

Department of Defense Spending Decreases, But Other Agencies Buck the Trend

By: Christine V. Williams on 10/01/2015

Fiscal year (FY) 2014 saw a continued decrease in the Department of Defense (DoD) spending. In FY 2014, DoD spent $418 billion on payroll and contracts, which roughly equals 2.4% of the U.S. GDP. Recall that in 2013, mandatory defense spending cuts occurred, which caused DoD contract spending to decline from $320.0 to $302.2 billion. The contract spend further decreased in 2014 to $282.7 billion....

Update on Minimum Wage and Certificate of Competency Protest Delay Causing Lost Contract

By: Christine V. Williams on 09/23/2015

This update focuses on the minimum wage for federal contracts by executive order, and a GAO case in which the Department of Defense was not required to extend the deadline on a contract for a competency review by the SBA. Notice of Rate Change for Annual Minimum Wage for Covered Federal Contracts On February 12, 2014, President Obama signed Executive Order (EO) 13658, which established a...

FCA Cases and SBA Protests

By: Christine V. Williams on 09/15/2015

False Claims Act As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal penalties. Since the grounding of the FCA is in federal law, federal circuits may impose different standards (many states have a complimentary state false claims act). Schindler...

SBA’s Final Rule on Women-Owned Small Business Federal Contract Program

By: Christine V. Williams on 09/15/2015

A final rule has been released by the Small Business Administration regarding women-owned small businesses. This rule is effective October 14, 2015. The rule makes changes to the Women-Owned Small Business (WOSB) program to implement the changes from the National Defense Authorization Act of 2015. It allows sole source awards to WOSBs or Economically Disadvantaged Women-Owned Small...

A Tale of Two Protests: Itemized SBA JV Agreements and Dependence on a Large Business Determination Not Upheld

By: Christine V. Williams on 09/10/2015

Recently, two Small Business cases that came out that are notable.  Both protests affect Small Business Administration interpretation and application of affiliation rules.  The first protest defeated a joint venture agreement between a mentor and a protégé because it was not specific enough, and the second one found that a small business owned by ANC was not dependent on a large business even...

DoD New Cyber Security Reporting Rules for Contractors

By: Christine V. Williams on 08/31/2015

In a move that highlights the changing winds of federal cybersecurity policy, the Department of Defense (“DoD”) has issued an interimRule (“Rule”) that imposes new security and reporting requirements on federal contractors, and new requirements for DoD cloud computing contracts. The Rule requires federal contractors to report cyber incidents that result in an actual or potentially...

Update: Department of Defense Privacy and Information Handling/Department of Defense Proposed Rule

By: Christine V. Williams on 08/11/2015

There is a lot going on with the government right now regarding information and privacy.  As the saying goes, it is not a matter of if the system is hacked or taken advantage of butwhen.  This update will quickly cover two new developments in the world of the Department of Defense (DoD).  First, DoD has issued an instruction on the handling of electronic data, information, and IT Services for...