Legal Updates

This update is a brief synopsis of a case that held, if there is not a certain FAR provision addressing subcontracting limitations in a set aside contract for small business, there is not a mandatory duty to comply with the subcontracting limitations. GAO Decision NCS/EML JV, LLC B-412277.3 (January 2014) This was a protest on a routine Low Price Technically Acceptable contract with a twist....

On January 25, 2016, the SBA increased its size standards. It did so in both revenue and employee based size standards. Below is the summary from the Federal Register as well as a few links. Revenue This rule finalizes, without change, the U.S. Small Business Administration’s (SBA or Agency) June 12, 2014 interim final rule that adjusted monetary small business size standards (i.e.,...

On Friday, the White House announced, after a 90 day suitability study, that background checks and security clearances for federal employees and federal contractors will be handled by a newly created agency. The new National Background Investigations Bureau (NBIB) was formed with new security measures to protect the sensitive information submitted (think: response to big OPM hack in which data...

The Supreme Court denied certification, or refused to hear and reverse, the DC Circuit Court of Appeals’ decision on the ban that prohibits individual federal government contractors from making political contributions. The law, enacted in 1940, was enacted to combat bribery or quid pro quo contributions to Congresspeople. The contractors who brought the suit on the grounds it singled out that...

The National 8(a) Association is holding its conference in Orlando next month and, hopefully, we can discuss the new SBA regulations.  That or John Klein and I can just politely argue about other things.  Always entertaining.Here is a link to the website for the February 9-10th event. GAO Report on the SBA On January 6, 2016, the GAO released a follow up report in the form of written...

This is a brief summary of some of the provisions of the National Defense Authorization Act (NDAA) that will affect small businesses. Definitely a nutshell version of the NDAA, which is published online, and a tad more expansive than the press release for the Small Business Committee, which considered the Act a victory for small businesses in several respects. It will be interesting to see how...

This update will briefly review a SBA decision enforcing an affiliation rule as well as a review of the Council of Defense and Space Industry Associations letter/comment to the SBA regarding the SBA’s proposed rule to give credit for using small business at all tiers. SBA Decision on Affiliation One of the basic questions when determining whether companies are affiliated is whether one...

DOD Inspector General Semiannual Report to Congress: Highlights: Reporting Period from April 1, 2015, to September 30, 2015  http://www.dodig.mil/pubs/sar/SAR_SEPT_2015.pdf Jon T. Rymer, Inspector General, report to Congress, during the reporting period the Department of Defense (DOD) Inspector General (IG) office, according to its semiannual report to Congress, did the following: ...

Cyber Security Clarification is called for in the Regulations As you know, I have written three different posts on cyber security as it relates to Government Contracting in the last few months as this has topic has moved quickly in response to breaches that were taking place.  What is interesting is the comments coming in from industry about clarifications and now the American Bar...

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...