Disclaimer

This Blog/Web Site ("Blog") does not provide specific legal advice. It is for educational purposes only. Use of the Blog does not create any attorney-client relationship between you and Holland & Knight LLP or the author(s) of any posts. The Blog does not constitute legal advice and is not a substitute for competent legal advice from a licensed attorney in your state. Any links from another site to the Blog are beyond the control of Holland & Knight LLP and do not convey their approval, support or any relationship to any site or organization.

Find News & Knowledge

Government Contracts Blog Topics

Small Business    FAR

GAO    Defense    DCAA

Bid Protest   Subcontracts

False Claims

 

Government Contracts Fast Facts

Government Contracts Blog

Welcome to the Holland & Knight Government Contracts Blog, featuring news, observations and analysis related to government contracting. We tackle not only the "hot" topics receiving widespread attention within the government contracting community, but at times lesser-known topics or unique perspectives that we hope will be of interest to our readers.

Showing 1-20 of 184 results
Sort By:
 
Next
The Government Accountability Office (GAO) recently published a report on the U.S. Department of Veteran Affairs's (VA) implementation of the Veterans First Program. This congressionally-mandated program requires the VA to set-aside contracts for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) or, alternatively, to Veteran-Owned Small Businesses (VOSBs) where: (1) the contracting officer (CO) reasonably expects that at least two such businesses will submit offers; and (2) the award can be made at a fair and reasonable price.
Read more »
On Oct. 10, 2018, the Armed Services Board of Contract Appeals (ASBCA) released its annual report describing its case activity for FY 2018. The good news for contractors is that out of the 139 cases decided on the merits, the Board found merit in 69.1 percent of them. In addition, out of the 420 cases dismissed, the majority were dismissed after the parties reached a settlement. Parties have also found success through the Board's ADR process, with the successful resolution of 21 ADR requests covering 60 matters.
Read more »
Between new regulations from the Small Business Administration (SBA) and decisions from the SBA's Office of Hearings and Appeals (OHA), the limits of acceptable actions by small business owners set on maintaining their small business size status continues to change. Most recently, OHA issued a noteworthy decision that clarifies restrictions on negative control of small businesses, including what actions it considers "extraordinary actions" and what actions are ordinary actions related to the daily control of a company. OHA's decision in Size Appeal of Southern Contracting Solutions III, LLC, SBA No. SIZ-5956 (2018) is helpful in understanding the parameters of permissible negative control since OHA provided its clearest list to date of "extraordinary actions" and "ordinary" actions essential to the daily operation of the company. However, it is important to note that the impact of the ruling, as far as service-disabled veteran-owned small businesses (SDVOSBs), will be limited in light of the new SBA and VA regulations.
Read more »
A recent dismissal of a qui tam action demonstrates there exists an affirmative approach for disposing of wasteful and meritless nonintervened qui tam claims without the time and expense of protracted litigation with relators.
Read more »
October 16, 2018
|
On Sept. 19, 2018, the U.S. Department of Defense (DoD) issued a corrected Class Deviation 2018-O0020, to remove the sunset provision in DFARS 239.73, "Requirements for Information Relating to Supply Chain Risk," that was due to expire on Sept. 30, 2018. The deviation is effective immediately. This new deviation implements Section 881 of the National Defense Authorization Act (NDAA) for FY 2019.
Read more »
Contractors with corporate structures involving more than one entity, such as parent and subsidiary, utilize multiple Commercial and Government Entity (CAGE) Codes. A recent Government Accountability Office (GAO) ruling is a caution to these organizations. In the decision, GAO upheld an agency's rejection of a proposal that used a CAGE Code of a subsidiary, which differed from the offeror's CAGE Code, to satisfy the RFQ's Facility Clearance (FCL) requirements.
Read more »
Earlier this week, we covered the U.S. Department of Veterans Affairs (VA)’s publication of a final rule amending its Veteran-Owned Small Business (VOSB) and Service-Disabled Veteran-Owned Small Business (SDVOSB) Guidelines. We anticipated that the U.S. Small Business Administration (SBA) would publish a corresponding final rule this week so that there was one set of consolidated rules governing VOSBs and SDVOSBs by the VA and SBA.
Read more »
September 28, 2018
|
President Donald Trump on Sept. 20, 2018, unveiled a new National Cyber Strategy. This strategy follows the release of the May 2017 White House Cybersecurity Executive Order (EO) 13800. The EO addressed key issues and areas related to federal networks detailed in a prior blog as well as a focus on critical infrastructure sectors.
Read more »
September 27, 2018
|
The U.S. Bureau of Economic Analysis (BEA) conducts periodic surveys on various activities of U.S. companies abroad. It uses the data to compile statistical reports of the U.S. economy. If a U.S. company provided services to a foreign person, or purchased services from a foreign person, during fiscal year 2017, it must complete the BE-120 survey on Transactions in Selected Services and Intellectual Property with Foreign Persons. The extended deadline to file is Friday, Sept. 28, 2018. Penalties for not completing the survey range between $4,454 and $44,539.
Read more »
September 27, 2018
|
More than eight months after issuing its proposed rules, the U.S. Department of Veterans Affairs (VA) has finally issued the long awaited final rule amending its Veteran-Owned Small Business Guidelines. The final rule amends regulations related to the VA’s Veteran-Owned Small Business (VOSB) verification program and implements the National Defense Authorization Act for Fiscal Year 2017 (NDAA).
Read more »
September 24, 2018
|
The U.S. Department of Veterans Affairs (VA) recently issued several proposed rules and a final rule amending the VA Acquisition Regulation (VAAR) as part of a phased approach intended to streamline the VAAR to eliminate duplication and incorporate new policies.
Read more »
September 19, 2018
|
Identifying threats and improving network and supply chain security has been an ongoing effort by Congress and the Department of Defense (DoD) for the past several years.
Read more »
The U.S. Department of Defense (DoD) recently issued several rules proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS).
Read more »
September 6, 2018
|
On Aug. 31, 2018, the U.S. Department of Defense (DoD) issued Class Deviation 2018-O00018, which increases the micro-purchase threshold for DoD procurements from $5,000 to $10,000. The deviation implements Section 821 of the 2019 National Defense Authorization Act (NDAA), and diverges from the FAR and DFARS.
Read more »
September 5, 2018
|
The Armed Services Board of Contract Appeals' (ASBCA) recent decision in CiyaSoft Corporation confirms that government agencies that procure commercial computer software will be subject to a seller's commercial license terms where the contract does not require any specific license terms, even if the agency has not reviewed or discussed the license terms with the seller.
Read more »
On Aug. 17, 2018, the Civilian Board of Contract Appeals (CBCA) published a final rule amending its rules of procedures which will be effective for cases filed with the board on or after Sept. 17, 2018.
Read more »
President Donald Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 20191 (NDAA) into law on Aug. 13, 2018. Among other things, the NDAA contains the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the first major legislative reform impacting reviews of foreign acquisitions by the Committee on Foreign Investment in the United States (CFIUS) since Congress passed the Foreign Investment and National Security Act of 2007 (FINSA) in the wake of the Dubai Ports World imbroglio.
Read more »
For those of you who have ever protested a solicitation before the Government Accountability Office (GAO), you know about GAO’s strict rules regarding timeliness. Under GAO rules, a document is considered filed on a particular day if it is received in GAO’s new electronic filing system by 5:30 p.m. ET. This rule is strictly enforced, as shown by the recent dismissal of a protest in CWIS, Inc., B-416544. In that case, GAO dismissed a protest filed by 5:46 p.m, as untimely, even though the late filing resulted from an issue with GAO’s new electronic filing system.
Read more »
The Department of Justice (DOJ) recently announced the creation of a Task Force on Market Integrity and Consumer Fraud. Relevant to the contracting and healthcare community, the task force is designed to strengthen the government's efforts to investigate and prosecute crimes of fraud committed against the U.S. Government. The task force will also focus on combating fraud against consumers, and in particular the elderly, service members and veterans.
Read more »
July 18, 2018
|
The Information Security Oversight Office (ISOO) has issued a Final Rule to its 32 C.F.R. Part 2004 National Industrial Security Program (NISP) Directive. ISOO is part of the National Archives and Records Administration, and the NISP Directive is the overarching policy for federal agencies involved in industrial security. The new rule, issued on May 7, 2018, focuses mainly on high-level administrative issues. However, the rule also includes new policy regarding specific, operational matters.
Read more »
Next