March 11, 2020

For many small businesses, doing business with the Federal government can be a complex and costly process.  For example, small contractors not only must deal with fierce competition for set-aside contracts but also they must adhere to the maze of statutory and regulatory requirements governing Federal procurement.

Specifically, with respect to being eligible for, and receiving, government contracts that are set-aside for small business concerns, contractors must become fa...

October 15, 2019

On Friday, October 11, 2019, the Small Business Administration Office of Inspector General ("SBA OIG") published its Report on the Most Serious Management and Performance Challenges Facing SBA in FY 2020.  While the Report focuses on significant issues, its objective is to enhance the effectiveness of SBA's programs and operations.

Relevant to many small business contractors, for example, the first problem area that SBA OIG identified covers three areas that are all too familiar: (1) Exclusi...

September 13, 2019

In the last month, both the Government Accountability Office (“GAO”) and the SBA Office of Hearings and Appeals (“SBA OHA”) have separately ruled that, for the purpose of calculating size under receipts-based size standards, contractors must continue to use a three-year averaging period, rather than a five-year averaging period, until the SBA concludes its rulemaking.

By way of background, on December 17, 2018, the president signed the Small Business Runway Extension Act, Public Law 115-324, whic...

July 18, 2019

Today (7/18), the Small Business Administration ("SBA") issued an interim final rule with request for comments "adjusting the monetary-based industry size standards (i.e., receipts- and assets-based) for inflation that has occurred since the last adjustment in 2014."

This rule is effective on August 19, 2019, with comments due by September 16, 2019.

With the rule takes effect, SBA's size standards will increase as follows (in millions):

Current ––> Adjusted

$0.75 ––> $1.05

$5.5 ––> $6.0

$7.5 ––>...

June 24, 2019

ALERT M|E: Today (6/24), the U.S. Small Business Administration (SBA) published a proposed rule to modify its method for calculating average annual receipts used to prescribe its receipts-based size standards. The proposed rule changes the lookback period from a 3-year averaging period to a 5-year averaging period.

As many small business contractors are aware, on December 17, 2018, the president signed the Small Business Runway Extension Act, Public Law 115-324, which amended the Small Business...

May 31, 2019

On May 31, the Department of Defense (DoD) issued a proposed rule to implement section 852 of the FY 2019 National Defense Authorization Act (NDAA) (Pub. L. 115-232) by amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide accelerated payments to small business contractors and subcontractors.

"Specifically, section 852 requires DoD, to the fullest extent permitted by law, to establish an accelerated payment date for small business contractors, with a goal of 15 days a...

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About GovConJudicata

Welcome to GovConJudicata an informational blog/website focusing on government contracts issues, including bid protests (e.g., GAO, COFC), claims, disputes, SBA matters, compliance, regulatory, and cyber (e.g., DFARS, NIST SP 800-171, CMMC).

GovConJudicata is published by Joshua Duvall, managing partner at Matross Edwards, a law firm providing government contracts and cybersecurity legal services to small and mid-sized businesses.

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