The Procurement Playbook

One of the more significant developments in 2018 for both small business primes and large companies with small business subcontractors was the passage of the Small Business Runway Extension Act (the “Act”), which was signed into law December 17, 2018.  The Act, in amending the Small Business Act, increases the […]

One of the biggest differences between federal government and commercial contracting is that certain clauses may be incorporated by reference (and hence controlling) in a federal contract even if the clause was not expressly included in the contract by the parties.  In a departure from the general principle that contracts […]

Following Escobar, the issue of materiality remains at the forefront of False Claims Act motion practice at both the pleadings and judgment stage. Escobar emphasized that the FCA materiality requirement is demanding. In the case of Gilead Sciences, Inc. v. United States Ex Rel. Jeffrey Campie, et al. the respondents, qui […]

As yet another government shutdown looms on the horizon, contractors must again prepare for the ramifications of a shutdown.  At present, the President does not look likely to sign a budget bill unless Congress includes significant appropriations for a border wall which also does not appear likely.  If no compromise […]

If you bid, but lost out, on a solicitation issued by the Federal Aviation Administration (FAA), you may be thinking of filing a protest to challenge the award.  However, FAA procurements are unique in the sense that protests of such procurements are not decided by either the U.S. Government Accountability […]

Every manufacturing contract, including construction contracts, with the government contains a myriad of terms and conditions and other requirements, including the numerous provisions set forth in the Federal Acquisition Regulation (FAR) that are often incorporated expressly or by reference into the contract.  Understandably, contractors focus on the contract’s specifications, schedule, […]

Today, the SBA issued major proposed rule changes to the HUBZone program. This is the first comprehensive revision to the HUBZone rules since the program’s implementation nearly 20 years ago, and the changes are intended to improve the predictability and stability of the program for participants. In general, to qualify […]

It is not uncommon for government contractors to have one or more related companies (e.g., parent/subsidiary companies) involved in the industry.  One way the government keeps track of such related entities is to utilize Commercial and Government Entity (CAGE) codes.  These codes are used for a variety of purposes, including facility clearances. […]

The Ninth Circuit Court of Appeals in the recently issued case of United States ex. rel. Rose v. Stephens Institute (Rose) held that the two-step test of Universal Health Services, Inc. v. United States ex rel. Escobar (Escobar) is mandatory in implied false certification cases brought under the False Claims […]

Customers will frequently want you to complete performance sooner than may be required by the contract.  When presented with such a dilemma, contractors face the challenge of keeping the customer happy while performing the work in a manner that will meet specifications and the contractor’s business expectations.  To navigate this […]