Government Contracts & Investigations

Category: Small Business / Socioeconomic Issues

DoD Increases the Justification and Approval Threshold for Its Sole Source Contract Awards to 8(a) Contractors to $100 Million

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Implementing Section 823 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA FY ‘20), on July 5, 2020, the Department of Defense (DoD) amended the DoD Federal Acquisition Regulation Supplement (DFARS) to increase the threshold for requiring sole source justifications of awards to Small Business Administration (SBA) certified 8(a) small disadvantaged businesses.  UnderRead More

Topics: Small Business / Socioeconomic Issues, Statutes and Regulations

Flouting Affiliation Rules When Pursuing Small Business Set-Asides Can Lead to FCA Woes

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If you were somehow still wondering whether small businesses really need to be concerned about the affiliation rules in the Small Business Administration (SBA) regulations, the answer is a resounding “Yes.” Furthermore, running afoul of those rules can easily lead to liability under the False Claims Act (FCA), as most recently demonstrated by an OklahomaRead More

Topics: Fraud, False Claims, and False Statements, Small Business / Socioeconomic Issues

Simplified Acquisition Procedures Afford Agencies a Lot of Latitude

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Not being included, or being purposely excluded, may remind some of adolescence, and may remind others of the Federal Acquisition Regulation (FAR) simplified acquisition procedures. The recent Government Accountability Office (GAO) decision in Phoenix Environmental Design, Inc. (Phoenix), B-418304 (March 2, 2020) deals with facing the latter form of disappointment. The underlying purchase order inRead More

Topics: Bid Protests and the Contracting Process, Small Business / Socioeconomic Issues

OHA Decision Highlights the Perils of Mixing Business with Family

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A cornerstone of the Small Business Administration (SBA) size regulations is that a business’s size is determined by measuring its size in addition to the size of its affiliates. The recent SBA Office of Hearings and Appeals (OHA) decision in Size Appeal of: Cazador Investments LLC (Appellant), SBA No. SIZ-6048, 2020 WL 897975, discusses oneRead More

Topics: Small Business / Socioeconomic Issues

Hope Is Not a Strategy: Protest Shortcomings of Corrective Action as Soon as You See Them

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When an agency announces its intent to take corrective action in response to a protest, it’s easy for the protester to feel that it has “won”—and to some extent it has. At the very least, its protest has prompted the agency to regroup and remedy one or more perceived problems with the subject procurement. DespiteRead More

Topics: Bid Protests and the Contracting Process, Small Business / Socioeconomic Issues