On September 11, 2013, the American Legion filed an amicus curiae brief, asking the Federal Circuit to reverse the Court of Federal Claims’ November decision in Kingdomware Technologies, Inc. v. The United States. In Kingdomware, the COFC effectively overturned an important line of Government Accountability Office (“GAO”) decisions affecting VOSBs and SDVOSBs.
Amended Version of the SUSPEND Act Clears House Oversight Committee and Aims to Change Suspension and Debarment Procedures for Federal Contractors
This past July, we told you about an important bill known as the Stop Unworthy Spending Act (“SUSPEND Act”). That bill, which was introduced by House of Representatives oversight committee chairman Darrell Issa, aimed to dramatically overhaul the suspension and debarment (“S&D”) procedures applicable to federal contractors. Currently, the suspension and debarment of contractors is
SBA Creates "SBTA" Exemption to Affiliation Rules on Bundled Contracts
On October 2, 2013, the Small Business Administration (“SBA”) published a final rule implementing changes required by the Small Business Jobs Act of 2010. One of the most interesting changes relates to “bundling,” “affiliation,” and the ability of small businesses to form a new type of teaming arrangement known as a “SBTA.”
“Bundling” refers
VA Will Maintain Control Over VOSB/SDVOSB Status Protests….For Now
On September 30, 2013, the Department of Veterans’ Affairs (VA) issued an interim final rule, announcing that it would maintain authority over VOSB/SDVOSB status protests made in connection with the agency’s “Vets First” contracting program (the “Program”). Back in 2009, when the Program was created, the VA and the Small Business Administration (SBA)
Department of Defense May Get its Own "Vets First" Program
Many of you are already familiar with the Department of Veterans Affairs’ Vets First Program. That program, created in 2006 through the enactment of the Veterans Benefits, Health Care and Information Technology Act of 2006, allows the VA to set-aside certain contracts for SDVOSB and VOSB concerns. The intent of the VA’s Vets First
New SBA Rule Imposes Severe Penalties for Misrepresenting Size Status
On June 28, 2013, the Small Business Administration (“SBA”) issued a Final Rule relating to the penalties involved when a contractor misrepresents its small business size status. While the current regulations provide that a contractor might suffer certain penalties for “knowingly misrepresenting” its small business status, they offer little guidance concerning what those penalties might
Final Rule Imposes New Small Business Subcontracting Obligations on Large Business Prime Contractors
On August 15, 2013, the SBA put into effect a long-awaited Final Rule (Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)) designed to help small business subcontractors. The Final Rule, which implements policies set forth in the Small Business Jobs Act of 2010, provides for several very important changes to small business contracting.
Proposed Change Past Performance Assessment System – Is it Fair?
By: Michael H. Payne & Maria L. Panichelli
On August 7, 2013, the DoD, GSA, and NASA proposed a rule (78 FR 48123) that would amend the FAR to significantly alter the past performance evaluation and assessment process. Specifically, the rule would cut in half the time that contractors have to comment on their own
Continuing Government Focus on Fraud Might Lead to Significant Changes in Suspension and Debarment Procedures
Suspension and debarment procedures have been a hot topic in recent years, and it appears that the issue will remain a focus of congressional debate for the rest of this year as well. On June 12, 2013, Congress heard testimony on the state of the federal government’s suspension and debarment (S&D) system. The testimony was
Fourth Circuit Drastically Extends Statute of Limitations for False Claims Act Actions – Contractors Appeal to Supreme Court
The False Claims Act (“FCA”) is a law that contractors must take very seriously. What many contractors fail to realize is that the reach of the FCA goes beyond the filing of fraudulent contract claims. In fact, it seems as though the government is actually searching to find new and interesting theories of application. This