Government Contracts Insights

March 26, 2019 - Protests & Litigation, Small Business
Class Waivers of the Non-Manufacturer Rule: New OHA Decision Creates Uncertainty
By: Damien C. Specht and James A. Tucker
Those familiar with Federal procurements know the general rule: If you submit a proposal against a solicitation despite disagreeing with one of its provisions, you usually waive the right to challenge that provision in the future. That rule applies to bid protests at both
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November 26, 2018 - Small Business
New Decisions Clarify Small Business Minority Shareholder Protections
By: Damien C. Specht, James A. Tucker and Victoria Dalcourt Angle
One of the easiest small business affiliation rules to apply is that a person that owns “50 percent or more of a concern’s voting stock. .. controls or has the power to control the concern.” 13 C.F.R. § 121.103(c)(1). It is far more difficult, however,
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March 07, 2018 - Small Business
SBA OHA Affirms Long-Standing Interpretation of Recertification Regulations
By: Damien C. Specht and Victoria Dalcourt Angle
In a recent decision, the U.S. Small Business Administration’s (“SBA”) Office of Hearing and Appeals (“OHA”) affirmed the widely-understood interpretation of the SBA regulations that a Service-Disabled Veteran-Owned Small Business Concern (“SDVO SBC”) retains its SDVO SBC status for the life of multiple award
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December 11, 2017 - Small Business
Court of Federal Claims Rejects SBA Decision That Future Conditional Restriction on Stock Ownership Destroys “unconditional Ownership”
By: Damien C. Specht and Locke Bell
Veteran-owned small businesses have long grappled with seemingly benign drafting inconsistencies between Small Business Administration (SBA) and Department of Veterans Affairs (VA) regulations that can leave a business qualified as a Service-Disabled Veteran-Owned Small Business (SDVOSB) by VA standards, but not at the SBA
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September 11, 2017 - Acquisition Regulations, Small Business
NAICS Code Appeals: One Size Does Not Fit All
By: Damien C. Specht and James A. Tucker
The federal government sets aside many contracts for small businesses, but not all small business set-asides are created equal. Instead, different size standards define small business status for different procurements. The size standards vary from industry to industry, so a given firm may be
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June 23, 2016 - Small Business
SBA Rule Changes Benefit Contractors, But Pitfalls Remain
By: Damien C. Specht
After much anticipation, the Small Business Administration has issued a final rule implementing numerous small business contracting reforms from the 2013 National Defense Authorization Act aimed at relaxing burdensome requirements and eliminating duplicative reporting. Overall, the new regulations are favorable to contractors, increasing contracting
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Topic Archives: Small Business

Class Waivers of the Non-Manufacturer Rule: New OHA Decision Creates Uncertainty

By: Damien C. Specht and James A. Tucker

New Decisions Clarify Small Business Minority Shareholder Protections

By: Damien C. Specht, James A. Tucker and Victoria Dalcourt Angle

SBA OHA Affirms Long-Standing Interpretation of Recertification Regulations

By: Damien C. Specht and Victoria Dalcourt Angle

Court of Federal Claims Rejects SBA Decision That Future Conditional Restriction on Stock Ownership Destroys “unconditional Ownership”

By: Damien C. Specht and Locke Bell

NAICS Code Appeals: One Size Does Not Fit All

By: Damien C. Specht and James A. Tucker

SBA Rule Changes Benefit Contractors, But Pitfalls Remain

By: Damien C. Specht