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Sarah Osborne’s practice focuses on complex civil litigation. Within the Construction and Government Contracts Practice Group, Sarah has experience defending construction disputes and represents government contractors in prosecuting and defending bid protests before the Government Accountability Office and the United States Court of Federal Claims. View articles by Sarah.

DoD Formally Increases 8(a) Sole-Source Threshold to $100 MillionThe Department of Defense (DoD) recently issued a formal amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) to increase the threshold for requiring contracting agencies to issue sole-source justifications of federal contract awards to companies participating in the Small Business Administration’s 8(a) program.  The amendment increases the threshold from $22 million to $100 million.

New 8(a) BD Program Requirements Effective July 15, 2020As we noted previously, the Small Business Administration’s (SBA) final rule updating the qualification requirements for the 8(a) Business Development (BD) Program will go into effect on July 15, 2020. Importantly, for individuals considering the 8(a) BD Program, the final rule will increase thresholds for qualifying as “economically disadvantaged” and remove prior distinctions between

SBA Issues Long-Awaited Rule on Women-Owned Small Business CertificationThe Small Business Administration (SBA) recently published its long-awaited final rule implementing a 2015 statutory requirement to certify Women-Owned Small Business Concerns (WOSBs) and Economically Disadvantaged Women-Owned Small Business Concerns (EDWOSBs) participating in the Procurement Program for Women-Owned Small Business Concerns. Notably, the SBA’s final rule also adjusts the dollar threshold for determining whether an

UPDATE: Critical PPP Issues for Government ContractorsWe recently reported on a series of Paycheck Protection Program (PPP) issues that uniquely impact government contractors. As we noted, particularly concerning for federal contractors is that agencies may seek credits or deductive changes from contractors who receive PPP loans. We specifically noted that the Department of Defense’s (DoD) implementation of CARES Act guidance is

Critical PPP Issues for Government ContractorsMany federal contractors have already taken advantage of the Paycheck Protection Program (PPP), which was established by the CARES Act to help small businesses and other eligible applicants survive the economic impact of the COVID-19 pandemic. Under the PPP, eligible borrowers receive a loan from the government that is forgivable if they fulfill certain conditions

Bid Protests: What’s Hot and What’s NotMany federal contractors have already been taking advantage of the Paycheck Protection Program (PPP), which was established by the CARES Act to help small businesses and other eligible borrowers make payroll and survive the economic impact of COVID-19. While PPP loans will hopefully provide critical relief to many, they may come with more strings attached

COVID-19: The Government Contractor’s Guide to Terminations for ConvenienceWith the challenges presented by the recent and rapid spread of COVID-19 in the United States, it is only a matter of time before the government begins terminating certain federal contracts for the convenience of the government. Accordingly, government contractors need to know their rights and obligations so that they can be best positioned if

COVID-19: The Government Contractor’s Guide to Compensable & Excusable DelaysWith the recent and rapid spread of COVID-19 in the United States, it is only a matter of time before government contractors experience contract-performance delays — whether ordered by the government or not — that inevitably will have a significant financial impact. Accordingly, federal contractors should prepare now for COVID-19-related contract delays and be prepared

Protest Sustained: VA Based “Rule of Two” Determination on Canceled Set-Aside SolicitationThe Government Accountability Office (GAO) recently sustained a protest that challenged the Department of Veterans Affairs’ (VA) failure to set aside an acquisition for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) or Veteran-Owned Small Businesses (VOSB). Under the Veterans Benefits, Health Care, and Information Technology Act of 2006 (VA Act), 38 U.S.C. §§ 8127-8128, the VA must