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Aron Beezley is the co-leader of Bradley’s nationally ranked Government Contracts Practice Group. Ranked nationally himself in Government Contracts Law by ChambersLaw360Benchmark Litigation, and Super Lawyers, Aron’s vast experience includes representation of government contractors in numerous industries and in all aspects of the government-contracting process, including negotiation, award, performance and termination.

The Armed Services Board of Contract Appeals (ASBCA), in the case of StructSure Projects, Inc., recently granted COVID-19-related costs to a contractor under a fixed-price contract. The key facts, holdings, and takeaways from this noteworthy case are discussed below.   

The Facts

The government awarded the contractor a fixed-price task order for design and alteration

The U.S. Small Business Administration (SBA) recently issued a rule that finalizes, without change, the SBA’s November 17, 2022 interim provisions that adjusted monetary-based industry size standards (i.e., receipts-and assets-based) for inflation.

Specifically, this rule finalizes the following three interim final actions, which Bradley previously reported on:

  • First, this rule finalizes an

The U.S. District Court for the District of Columbia, in U.S. ex rel. Bid Solve, Inc. v. CWS Marketing Group, Inc., et al., recently issued a decision in a False Claims Act (FCA) case that has potentially far-reaching implications for small-business government contractors and how they calculate and report their average annual “receipts” for

On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule to implement a new statutory requirement that, in short, bans the TikTok app from devices used in the performance of federal government contracts (TikTok Rule). The TikTok Rule introduces a new FAR clause, FAR 52.204-27

We recently reported on the Government Accountability Office’s (GAO) decision in AttainX. As we explained, the AttainX decision is noteworthy because the GAO held that, notwithstanding the fact that a solicitation does not require examples from the joint venture itself or the individual members, the Small Business Administration’s (SBA) regulations require the agency to

Section 864 of the National Defense Authorization Act for Fiscal Year 2022 authorized the U.S. Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) to decide all appeals from Historically Underutilized Business Zone (HUBZone) status protest determinations, which are currently decided by SBA’s associate administrator of Government Contracting and Business Development. The SBA recently

The Government Accountability Office (GAO), in AttainX, recently sustained a bid protest where the protester argued that the agency’s evaluation was inconsistent with the Small Business Administration’s (SBA) regulations requiring agencies to consider the experience of the individual members of the joint venture if the joint venture itself does not demonstrate experience. This article

The Federal Acquisition Regulation (FAR) Council recently published a final rule to implement a policy that provides for accelerated payments to small business prime contractors and small business subcontractors. This noteworthy final rule — which has an effective date of March 16, 2023 — is discussed below.  

Background

The Department of Defense (DoD), the General

On January 30, 2023, the Biden administration stated that it intends to extend the previously declared COVID-19 national emergency and the separately declared public health emergency until May 11, 2023, and then end both emergency declarations. This statement comes in response to Congressional attempts to declare an earlier end date to the emergencies with the