Government Contracts Insights

October 30, 2024 - Small Business
SBA Proposes to Require the Rule of Two for Most Task and Delivery Order Competitions
By: Damien C. Specht and James A. Tucker
On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to mandate a Rule of Two analysis for most task and delivery order competitions, except under Federal Supply Schedule (FSS) contracts. The proposed rule implements a recommendation the Office of Federal
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August 29, 2024 - Small Business
Size Recertifications Following Mergers and Acquisitions: Coming Changes to the Small Business Regulations
By: Damien C. Specht, James A. Tucker and Alissandra Young McCann
In a significant new proposed rule , the Small Business Administration (SBA) proposes to alter a number of regulations, including those governing size recertifications following mergers and acquisitions. We have previously discussed (in this article and this article ) recent decisions of the SBA
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August 14, 2024 - Small Business
Summertime Sadness for Mentor Protégé Joint Ventures
By: Alissandra Young McCann and Damien C. Specht
This summer has seen two notable updates that parties to mentor-protégé joint ventures (MPJVs) should be aware of. First , buried in a Notice that the U.S. Small Business Administration (SBA) issued on July 22, 2024, is a request for comments regarding updates that involve
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June 27, 2024 - Small Business, Mergers & Acquisitions
OHA Rules Company Remains Eligible for Award of Small Business Set-Aside Schedule Orders Even After Acquisition by a Large Business
By: James A. Tucker and Damien C. Specht
The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from continuing to bid on set-aside orders under its General Services Administration
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February 08, 2024 - Small Business
OMB Says Agencies “Should” Perform a Rule of Two Analysis and Set Aside Requirements for Task Orders Under Multiple-Award Contracts
By: James A. Tucker and Damien C. Specht
The U.S. Office of Management and Budget (OMB) has issued a policy memorandum with a goal of promoting small business participation under multiple-award indefinite delivery/indefinite quantity contracts (MACs). One of the memorandum’s three areas of focus – and the focus of this article – is
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January 08, 2024 - Small Business
GAO Finds Company's BPA BID Remains Eligible for Award Despite a Transaction, Recertification, and Change in Size Status in Connection with Its Underlying Federal Supply Schedule Contract
By: Damien C. Specht and James A. Tucker
Small business regulations create one of the stickier wickets in bid protest litigation. Although the Small Business Administration (SBA) has exclusive authority to determine a company’s size and socioeconomic status, the Government Accountability Office (GAO) sometimes must wrestle with size and status questions to adjudicate
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January 03, 2024 - Federal Procurement, National Security, Small Business
Notable Provisions of the FY 2024 National Defense Authorization Act
By: Tina D. Reynolds
On December 22, 2023, President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law after bipartisan congressional majorities approved the bill earlier in the month. The annual bill authorizes appropriations and sets policy for the Department of Defense (“DoD”) and
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November 16, 2023 - Small Business
Venture Capital Investment in a Small Business? Know the SBA rules first.
By: Damien C. Specht, Tyler J. Sewell and Alissandra Young McCann
In recent months, there have been a number of articles about an increase in venture capital interest in entities that do business with the federal government. In fact, this interest is not new. Small entities with venture backing have used programs like the Small Business Innovation
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October 13, 2023 - Small Business
SBA Updates Its Regulations on Lower-Tier Small Business Subcontracting Credit
By: James A. Tucker, Damien C. Specht and Alissandra Young McCann
The Small Business Administration (SBA) has issued a final rule amending its regulation on lower-tier small business subcontracting credit to account for statutory changes introduced in the National Defense Authorization Act for Fiscal Year 2020. Most Federal contracts performed in the United States require
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October 11, 2023 - Small Business
Definitive Guidance on Facility Security Clearances for Small Business Joint Ventures
By: James A. Tucker, Damien C. Specht and Charles L. Capito
The Small Business Administration (SBA) and the Information Security Oversight Office (ISSO) have issued a Joint Notice to clarify how Facility Security Clearances (FCLs) (also called Entity Eligibility Determinations, or EEDs) work for joint ventures. As we have discussed before, the SBA regulations for a
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Topic Archives: Small Business

SBA Proposes to Require the Rule of Two for Most Task and Delivery Order Competitions

By: Damien C. Specht and James A. Tucker

Size Recertifications Following Mergers and Acquisitions: Coming Changes to the Small Business Regulations

By: Damien C. Specht, James A. Tucker and Alissandra Young McCann

Summertime Sadness for Mentor Protégé Joint Ventures

By: Alissandra Young McCann and Damien C. Specht

OHA Rules Company Remains Eligible for Award of Small Business Set-Aside Schedule Orders Even After Acquisition by a Large Business

By: James A. Tucker and Damien C. Specht

OMB Says Agencies “Should” Perform a Rule of Two Analysis and Set Aside Requirements for Task Orders Under Multiple-Award Contracts

By: James A. Tucker and Damien C. Specht

GAO Finds Company's BPA BID Remains Eligible for Award Despite a Transaction, Recertification, and Change in Size Status in Connection with Its Underlying Federal Supply Schedule Contract

By: Damien C. Specht and James A. Tucker

Notable Provisions of the FY 2024 National Defense Authorization Act

By: Tina D. Reynolds

Venture Capital Investment in a Small Business? Know the SBA rules first.

By: Damien C. Specht, Tyler J. Sewell and Alissandra Young McCann

SBA Updates Its Regulations on Lower-Tier Small Business Subcontracting Credit

By: James A. Tucker, Damien C. Specht and Alissandra Young McCann

Definitive Guidance on Facility Security Clearances for Small Business Joint Ventures

By: James A. Tucker, Damien C. Specht and Charles L. Capito