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 189 results
Sort By:
 
Next
As the government shutdown potentially moves into a second month, many government contractors who are not receiving payment from the Federal Government may soon encounter the issue of what to do with employees they can no longer afford to pay, but are here on nonimmigrant visas, such as the H-1B visa for highly skilled workers. This issue can be quite complicated, and while it is best to seek legal advice from an attorney on each individual case, some broad themes are important to understand.
Read more »
January 17, 2019
|
In December 2018, the U.S. Department of Justice (DOJ) released its annual statistics for its civil False Claims Act (FCA) and fraud cases from the fiscal year ending Sept. 30, 2018 (fiscal year 2018). The DOJ reports it recovered $2.8 billion in settlements and judgements for Fiscal Year 2018.
Read more »
No cabinet department stands more in the center of the federal shutdown drama than my old employer, the Department of Homeland Security (DHS). Indeed, the issue at the shutdown's heart – President Trump's proposed border "Wall" – would be a DHS appropriation. And arguably the shutdown impact most immediately felt by the American public has been the rising tide of delays at airports, as Transportation Security Administration (TSA) screeners – forced to work without pay – have begun to stay home "sick" in growing numbers.
Read more »
January 15, 2019
|
The U.S. government's partial shutdown impacts government contractors across the spectrum. What many contractors may not realize is that the shutdown has an additional impact on small businesses because the U.S. Small Business Administration (SBA) is among the many agencies that have been closed. This means that both the small business loan and government contracting functions of the SBA are affected by this shutdown.
Read more »
To ring in the new year, we have an important update on the Small Business Runway Extension Act. Effective Dec. 21, 2018, SBA issued an internal notice that the Small Business Runway Extension Act is not effective until its rulemaking is completed. Instead it is Small Business Administration (SBA)'s view that the three-year trailing average for size eligibility based on revenue remains in place for now.
Read more »
The Government Accountability Office (GAO) recently published a report on the federal government implementation of the Buy American Act. The Buy American Act of 1933 is one of several statutes implementing a preference for federal agencies to procure domestic items and products.
Read more »
December 26, 2018
|
With less than a day before appropriated funding runs out for some federal agencies, confidence in avoiding a potential shutdown is waning. Because of that, contractors should exercise prudence and immediately begin preparations for a potential shutdown.
Read more »
December 21, 2018
|
The U.S. General Accountability Office (GAO) recently dismissed a protest by a state licensing agency (SLA) challenging the elimination of its proposal from the competitive range under a solicitation issued pursuant to the Randolph-Sheppard Act.
Read more »
December 19, 2018
|
President Trump signed a bill into law that changes the look-back period for determining small businesses' size status from three years to five.
Read more »
More than five years after Congress directed the Executive Branch to change the way small business contract performance requirements are calculated, the U.S. Department of Defense (DoD) and the Federal Acquisition Regulation (FAR) Council announced significant steps today to adopt these new requirements.
Read more »
The overuse of the Lowest Price Technically Acceptable (LPTA) source selection process (see FAR 15.101-2(a)) has drawn criticism from both industry and government over the last few years. While LPTA offers a streamlined source selection process, it handcuffs the government and obligates it to select the lowest-priced vendor even if a much better solution is available for a nominal additional cost. LPTA is most properly used when the agency can clearly define the requirement, the risk of nonperformance is minimal and there is no value to the government in paying a higher price for better-than-acceptable performance.
Read more »
December 4, 2018
|
On Nov. 27, 2018, the U.S. Department of Defense (DoD) issued Class Deviation 2019-O0001, which, effective immediately, requires contracting officers to consider the use of fixed-price contracts, including fixed-price incentive contracts. The class deviation arises from section 829 of the National Defense Authorization Act for Fiscal Year 2017 (2017 NDAA), which established the preference for fixed-price contracts.
Read more »
On Nov. 27, 2018, the Government Accountability Office (GAO) released its annual report to Congress that details the prior year's protest statistics. The sum of these numbers shows a number of continuing trends at GAO, including a steady number of protests filed from year to year and effectiveness rate.
Read more »
November 28, 2018
|
The General Services Administration (GSA) announced that it will be consolidating all of its Multiple Award Schedules (GSA Schedules) over the next couple of years. GSA Schedules, when combined, are the largest government-wide contracting vehicle utilized by the federal government with 11 million products and services available and more than $23 billion in sales in FY 2016. State and local governments also have the option of purchasing off of GSA Schedules.
Read more »
November 27, 2018
|
On Nov. 20, 2018, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) seemingly ended the Veterans Contracting Group line of cases. As a refresher, in those cases, the contractor challenged the U.S. Small Business Administration (SBA)'s determination that it was an ineligible Service Disabled Veteran Owned Small Business (SDVOSB) and the U.S. Department of Veterans Affairs (VA)'s reciprocal removal from its SDVOSB database. The Federal Circuit dismissed the appeal as moot, noting that under the new SDVOSB regulations effective Oct. 1, 2018, the two sets of regulations are now uniform. While non-precedential in nature, the Federal Circuit's decision also raises questions of the consequential nature of the newly promulgated regulations for decisions currently pending before courts and administrative forums.


Read more »
November 21, 2018
|
The Government Accountability Office (GAO) recently published a report on the U.S. Department of Veteran Affairs' (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 »
Next