Effective May 25, 2018, the Small Business Administration (“SBA”) amended its regulations regarding a contractor’s size and/or socio-economic status following a novation, merger, or acquisition. Specifically, through a “technical correction,” the SBA revised its regulations to dictate that when a company becomes “other than small” or no longer has a certain socio-economic status (veteran-owned, woman-owned, HUBZone, etc.) as a result of a novation, merger, or acquisition, the business is no longer eligible to compete for set-aside task orders on multiple-award contracts held by the company. This change in eligibility is applicable even where the contracting officer does not specifically request a recertification. Continue Reading Contractor Beware: SBA Expands Impact of Novation, Merger, or Acquisition on Size and Socio-Economic Status
Casey J. McKinnon is an Associate in the Federal Contracting Group and focuses his practice on government contracts and litigation. He supports clients in all aspects of the procurement process including solicitation review, proposal preparation and pre and post award bid protests. Casey also assists with day-to-day contracting issues including drafting, reviewing and negotiating contracts and other matters of contract administration. He represents clients in all stages of litigation related to federal contracting, including case strategy, discovery, trials and appeals.
Agility Defense & Government Services, Inc. v. United States provides hope to contractors that incur higher than anticipated costs on a requirements contract or, alternatively, on construction contracts where line item prices are based on estimated quantities. Continue Reading Federal Circuit Clarifies Requirements for Government-Furnished Estimated Quantities