Sunday, October 25, 2020

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Important Considerations When Structuring M&A Transactions for Government Contractors: Post-Transaction Pitfalls—Part 3 of a...

PilieroMazza – M&A transactions involving government contractors are subject to a host of regulatory and industry-specific considerations. This blog series covers key concerns that can impact a deal. Parts 1 and 2 focus on common problems that arise before and during a transaction. Below we drill down on post-transaction pitfalls in government contractor M&A transactions […]
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SBA Consolidates Mentor-Protégé Programs

By Erin Davis and Suzanne Sumner of Taft Law Last November, the Small Business Administration (SBA) released an interim rule proposing to consolidate the 8(a) Mentor-Protégé Program and the All Small Mentor-Protégé Program into one streamlined program. For the most part, the programs had overlapping benefits for small businesses as well as similar regulatory requirements. […]
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Alert: SBA Issues Final Rule on Consolidation of Mentor-Protégé Programs and Other Contracting Rules

Koprince Law – In late 2019 the SBA issued a proposed rule that would make a number of significant changes to the mentor-protege programs and other small business contracting rules. Well, the SBA will soon issue its final rule on these changes, so make sure you are aware of the new rules. The rule will be […]
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ASBCA Broadens Scope of Acceptable CDA Certification Signatures

Blank Rome – In 1901, in rural County Galway, Ireland, my Irish-speaking great-grandparents made their mark (“+”) on the decennial census taken that year. Whether they did so from a lack of literacy, or simply resented the census taker, I will never know. Whatever their reasons, my great-grandparents’ marks were accepted by the (then) British […]
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WOSB Certification Required Beginning October 15 – Are You Ready?

PilieroMazza – As a reminder, beginning on October 15, 2020, all women-owned small businesses (WOSBs) and economically disadvantaged women-owned small businesses (EDWOSBs) pursuing WOSB/EDWOSB set-asides, as well as solicitations with pools reserved for WOSBs/EDWOSBs, must be certified as a WOSB/EDWOSB, either by SBA or a third-party certifier.  The application for certification by SBA is free […]
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Despite Industry Concern and Questionable Legality, DOL Moves Forward with Efforts to Implement Racial...

Venable – Since our first article reporting on Executive Order 13950, Combating Race and Sex Stereotyping (EO 13950 or the EO), there have been several key developments. First, the hotline for reporting violations of the EO is now open. Second, the Department of Labor, through the Office of Federal Contract Compliance Programs (OFCCP), issued its […]
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A Contractor’s Guide to Trump’s Diversity Training Order

Blank Rome – Federal contractors have long provided various types of anti-harassment, nondiscrimination and diversity and inclusion, or D&I, training to their employees. After the death of George Floyd and the nationwide protests that followed, D&I training has proliferated in workplaces across the country, including within federal agencies and in the contractor community. On Sept. 22, […]
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GAO Finds Brand Name Procurement Impermissible

Peckar & Abramson – Competition is a fundamental principle of federal procurements. The Government is not permitted to limit a procurement to brand name items unless the particular brand name product or service has a feature that is essential to the Government’s requirements and the Government’s market research indicates that other companies’ similar products or services […]
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NASA Contract Termination Presents Key Bid Protest Lessons

WilmerHale – In an important decision addressing the burden of proof in procurement integrity cases, the U.S. Government Accountability Office recently sustained a protest brought by Teledyne Brown Engineering Inc. against the $651.6 million Marshall Space Flight Center operations, systems, services and integration, or MOSSI, contract. Read the full post at WilmerHale
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ASBCA Revisits Email “Signature” and Finds Typed Name Meets the Test

Government Contracting Matters – In a departure from its prior precedent, the Armed Services Board of Contract Appeals (ASBCA) recently held in Kamaludin Slyman CSC, ASBCA Nos. 62006, 62007, 62008, that a typed name at the end of an email satisfies the certification requirement under the CDA, so long as it is: (1) discrete; (2) […]
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