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
Lisa Markman focuses her practice on construction litigation and government contracts. Lisa has experience in complex litigation, representing general contractors and subcontractors across a range of public and private projects both domestically and abroad. In her construction practice, she has represented and counseled contractors in cases involving federal and state Miller Act claims, requests for equitable adjustment, mechanic’s liens, delay claims and surety disputes. View articles by Lisa.
SBA to Increase Size Standards and Program Thresholds Due to Inflation
The U.S. Small Business Administration (SBA) recently published a final rule on its 2019 interim final rule that adjusted monetary-based industry size standards (i.e., receipts- and assets based) for inflation which has occurred since 2014. Notably, the SBA’s recent rulemaking also included three important interim final actions.
- First, the SBA added an additional 13.65 percent
ESOPs to Be Eligible for Sole-Source Follow-On Contracts
Section 874 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 contains what is believed to be the first-ever federal government contracting program designed to specifically encourage and benefit businesses wholly owned through an Employee Stock Ownership Plan (ESOP). Key features of this proposed pilot program — which include sole-source follow-on awards…
FAR Limitation on Subcontracting Rules Are Finally Here!
In 2016, the Small Business Administration (SBA) updated its regulations pertaining to limitations on subcontracting. Five years later, on August 11, 2021, the Federal Acquisition Regulation (FAR) Council finally followed suit by publishing two final rules that largely mirror the SBA’s rules. This is a welcome development for federal contractors, as the discrepancy between the…
LPTA Procurements Greatly Restricted Under New FAR Rule
The Federal Acquisition Regulation (FAR) Council recently issued its long-awaited final rule limiting the ability of civilian agencies to use the Lowest Price Technically Acceptable (LPTA) procurement method. The final FAR rule — which takes effect on February 16, 2021, and largely tracks the language contained in the Defense Federal Acquisition Regulation Supplement (DFARS) final…
CARES Act: Small Business Loan Eligibility & “Affiliation” Issues Explained
As we discussed in a previous article, the Coronavirus Aid, Relief, and Economic Security Act, known as the “CARES Act,” provides much-needed relief to “small” businesses in several areas, including by appropriating substantial money to support the 7(a) Loan Program and the Economic Injury Disaster Loan (EIDL) Program.
However, determining whether one’s…
How the CARES Act Benefits Small Businesses
In response to the COVID-19 pandemic, Congress recently passed, and President Trump signed, the Coronavirus Aid, Relief, and Economic Security Act, known as the CARES Act. Described in the media as the “largest emergency aid package in U.S. history,” this unprecedented $2.2 trillion economic rescue package promises to “deliver a tidal…
The 5 Most Important Bid Protest Decisions of 2019
Bradley attorneys Aron Beezley, Patrick Quigley, Sarah Osborne, and Lisa Markman recently published a Law360 Expert Analysis article on the five most important bid protest decisions of 2019: NetCentrics Corp. v. United States, PAE-Parsons Global Logistics Services, LLC v. United States, Space Exploration Technologies Corp. v. United States, Oracle America, Inc. v.
Bid Protests in Colorado: Important New Changes
Colorado recently overhauled its Procurement Code. The legislature changed rules governing bid protests of state-funded procurements. We offer a user-friendly overview of the “new” Colorado bid protest process in this blog post.
Overview of “New” Bid Protest Process
A. Who May Protest and When
The Code now grants the right to protest to “[a]ny…