Govconlaw Blog
Bid Protestors Are Reminded to Take Caution When Determining Where to File an Action
Published Date: March 15, 2023
The New Jersey Appellate Division recently held that University Hospital is not a “state administrative agency” and, therefore, the Appellate Division does not have original jurisdiction to determine the merits of an action commenced by an unsuccessful bidder to challenge the award of a contract. Read more about this decision and what it means for bid protestors in our Client [...] Read More
Changes to Commercial Item Contracting
Published Date: February 23, 2023
The FAR Council has recently published two changes to commercial item contracting that clarify the definition of commercial services and simplify commercial item determinations (“CIDs”) for contracting officers (“COs”). Since the 1990s, the federal government has encouraged the purchase of commercial items to ease the regulatory burden on vendors who have not previously conducted federal business, encourage innovation, and lower [...] Read More
Inflation Relief for DoD Contractors Under FY23 National Defense Authorization Act
By: Michael C. Zisa, Abby Bello Salinas
Published Date: February 16, 2023
The 2023 National Defense Authorization Act (NDAA FY23) signed into law by President Biden on December 23, 2022, includes a provision authorizing the Secretary of Defense to issue modifications for fixed-price contracts impacted by increased costs due to inflation. Up until now, Department of Defense (DoD) contractors have attempted to mitigate inflation-related costs with existing tools such as Economic Price [...] Read More
Veteran-Owned Small Business Concerns and Service-Disabled Veteran-Owned Small Business Concerns Seeking Public Procurement Contracts Have New Certification Requirements
By: Jennifer Harris, Timothy D. Matheny, Abby Bello Salinas
Published Date: January 26, 2023
Veteran-Owned Small Business Concerns (VOSBs) and Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBs) will be required to obtain Small Business Administration (SBA) certification to participate in any federal government agency VOSB or SDVOSB sole source or set-aside prime contracts, effective January 1, 2023. Read more about this new regulation in our alert here. Read More
SBA Reduces Obstacles for Small Businesses Competing for Prime Federal Government Contracts
By: Jennifer Harris, Nick R. Hoogstraten, and Abby Salinas
Published Date: August 26, 2022
When evaluating competitive proposals for federal contracts, Contracting Officers consider price, technical evaluations, and past performance, among other factors. Up until now, many small businesses faced a significant hurdle when it came to past performance. Often small businesses could not compete with more established large businesses because they lacked the minimum relevant past performance required by the solicitation, or their [...] Read More
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