Recent case law affirms an Agency’s duty to prepare a complete and accurate Administrative Record (“AR”) when responding to a bid protest. It also reinforces the value and importance of careful and detailed analysis of the AR by the protestor. Filed after the initial submission of the protest, the AR is required to contain the… Continue Reading
On December 7, 2016, President-elect Donald Trump announced he will nominate former professional wrestling executive Linda McMahon as the head of the Small Business Administration. McMahon, 68, is the former CEO of the WWE, who also unsuccessfully ran for Senate in 2010.
Trump’s announcement stated that McMahon will assist his administration with generating stronger job … Continue Reading
On Tuesday, Dec. 6, 2016, the Federal Acquisition Regulatory Council published a proposed rule aimed at finalizing regulations for small business set aside contracts in multiple award procurements. The new rule allows more flexibility to set aside contracts for small businesses in multiple award procurements.
The proposed rule provides additional guidance to contracting officials on… Continue Reading
The Trade Agreement Act (“TAA”) utilizes a “substantial transformation” test in determining the country of origin of an end product composed of various parts from various countries. Substantial transformation is assessed and determined on a case-by-case basis, examining the totality of the circumstances. Therefore, no one factor is determinative. TAA as well as “Buy American”… Continue Reading
This past Tuesday, Margaret Cho, an Officer of Far East Construction Company, pleaded guilty to conspiring to commit wire fraud. Ms. Cho also agreed to pay a forfeiture in the amount of $169,166 and a criminal fine in the amount of $35,000.
Ms. Cho had allowed a large business to use her company as a… Continue Reading
During his presidential campaign, President-elect Donald Trump made clear his misgivings over Lockheed Martin’s F-35 program. During an interview on the Hugh Hewitt radio show, Mr. Trump asked “[w]hen they say that [the F-35] cannot perform as well as the planes we already have, what are [we] doing, and spending so much money?” Mr. Trump… Continue Reading
Small and large businesses seeking to take advantage of the Small Business Administration’s (SBA) new All Small Mentor-Protégé Program will now have to jump through an extra hurdle as part of the application process.
The SBA began accepting applications for the new program on Oct.1, 2016. The program allows any qualifying small business to partner … Continue Reading
One of, if not the most often-discussed issue facing Government contractors over the past few months has been the impending implementation of the Fair Pay and Safe Workplaces rule.
In brief, this rule, which was to come into effect Oct. 25, 2016, would have required contractors bidding on federal contracts to report “violations” of 14… Continue Reading
Last week, the Department of Defense adopted as final, with several changes, its interim rule amending the DFARS on “Network Penetration Reporting and Contracting for Cloud Services.” The changes went into effect immediately, as of October 21, 2016.
Among the changes in the final rule, DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident… Continue Reading
On June 14, 2016, the Senate passed the National Defense Authorization Act for Fiscal Year 2017 (NDAA). The Senate bill would change two important aspects of bid protests filed with the Government Accountability Office (GAO).
First, the Senate NDAA would impose a “loser pays” scheme on bid protests. Specifically, the new language would require… Continue Reading