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7 Reasons to Intervene in Bid Protests

Thu, February 2nd 2023
Every federal contractor knows how difficult it is to win a government contract. Indeed, contractors often start pursuing larger contracts or vehicles well over a year before the solicitation is even published. And, while each contractor’s business development and capture strategies vary, they typically share two characteristics: copious amounts of time and money. Given the...

2 Ways the FTC’s Proposed Rule Against Non-Competes Could Impact the Government Contracting Sector

Fri, January 20th 2023
The Federal Trade Commission (“FTC”) recently issued a proposed rule, which, if enacted as written, would ban essentially all non-compete agreements by private employers. The proposed rule is one of the broadest expansions of agency authority in the FTC’s history, raising a myriad of considerations for all employers. Briefly, the proposed rule would prohibit employers...

The Path To NDAA Inflation Relief For Defense Contractors

Mon, January 9th 2023
On Dec. 23, 2022, President Joe Biden signed the National Defense Authorization Act for Fiscal Year 2023. Prior to the bill reaching the president’s desk, the U.S. House of Representatives and Senate overwhelmingly approved it, which showed true bipartisan support for this $858 billion piece of legislation. While the FY 2023 NDAA naturally covers a...

FY23 NDAA Includes Inflation Relief for Defense Contractors

Fri, December 16th 2022
Recently, the U.S. House of Representatives and Senate overwhelmingly approved the National Defense Authorization Act for Fiscal Year 2023 (“FY23 NDAA”). The legislation is welcome news for both the Department of Defense (“DoD”) and defense contractors – the bill now heads to the President’s desk for signature. While the legislation is over 4,400 pages, covering...

SBA Inflationary Increase: Size Standards, Economic Disadvantage, and 8(a) Sole Source Thresholds

Fri, December 2nd 2022
On November 17, 2022, the Small Business Administration (“SBA”) issued a final rule and several interim final rules effective December 19, 2022 that upwardly adjust some of SBA’s monetary thresholds for inflation. The changes are welcome news in this period of economic uncertainty because they will ultimately help more small businesses participate in federal set-aside...

DoD Launches ESOP Pilot: Sole Source Follow-On Contracts Limited to Nine Entities

Mon, November 28th 2022
Recently, the Department of Defense (“DoD”) issued a memorandum to launch a pilot program that will enable certain contractors owned under an employee stock ownership plan (“ESOP”) to receive sole source follow-on awards. ESOP-owned defense contractors should review DoD’s memorandum and move quickly to determine how this unique pilot program may be of benefit. Section...
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