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Covid-19 Update for Government Contractors: Navigating Shutdown Orders

Thu, March 26th 2020
The Coronavirus (“COVID-19”) pandemic is straining the defense industrial base and other federal contractors. Curfews and shelter-in-place orders have slowed or halted production on several programs, including Italian and Japanese facilities for final assembly of the F-35 joint strike fighter. California, Connecticut, Louisiana, Illinois, New Jersey, New York, Ohio, Pennsylvania, Puerto Rico, and numerous counties...

The SBA Proposes Significant Changes to Joint Venture Rules

Tue, January 14th 2020
The SBA has proposed significant changes to the rules governing joint ventures as part of its overhaul of the SBA’s small business program regulations. The 3-2 Rule: Currently, a joint venture may receive a maximum of three contract awards in a two-year period. The proposed rule eliminates the cap on contract awards, but continues the...

SBA Implements the Runway Extension Act

Tue, December 17th 2019
President Trump signed into law the Small Business Runway Extension Act of 2018 on December 17th, 2018. The Act modified how the SBA calculates a business’ size for revenue-based size standards. The Act also increased the period of time used in the calculation of a firm’s receipts from three years to five. Regulations implementing the...

Waived Delivery

Wed, November 13th 2019
Defaulting on a contract will likely have a substantial negative impact on your business beyond the losses experienced for the terminated contract. The standard default clause in a government contract states that the government can terminate a contract for default if a contractor fails to deliver supplies or to perform the services or work within...

Medical Marijuana and the Drug-Free Workplace Act

Thu, October 17th 2019
Presently 33 states and the District of Columbia have enacted medical marijuana laws. While some of these laws have been on the books for several years, the impact on employers and company policies are still evolving. This issue has created confusion for federal contractors who are required to comply with the Drug-Free Workplace Act (DFWPA)...

GAO Timeliness

Thu, September 26th 2019
A string of recent GAO decisions dismissing untimely bid protests suggests it is a good time to review GAO’s timeliness rules. In general, protests challenging patent improprieties in a solicitation must be filed prior to the deadline for the submission of bids or proposals. 4 C.F.R. 21.2(a)(1). GAO rules do not permit a contractor to...

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