The Small Business Administration (SBA) recently issued a much-anticipated proposed rule “to modify its method for calculating annual average receipts used to prescribe size standards for small businesses.” Specifically, consistent with the Small Business Runway Extension Act of 2018—about which we have reported extensively in previous blog posts in January 2019 and December 2018 twice—the SBA “proposes to change its regulations on the calculation of annual average receipts for all recipients-based SBA size standards…

Part 42.15 of the FAR entitles federal contractors to submit comments and receive agency review of an unfavorable performance evaluation in the Contractor Performance Assessment Reporting System (CPARS). If the contractor’s rebuttal is unsuccessful, the contractor may challenge the CPARS rating by submitting a claim to the contracting officer (CO) under the Contract Disputes Act. If the CO denies the claim, the contractor can then appeal the CO’s decision to the appropriate Board of Contract…

The Small Business Administration (SBA) began accepting applications for the All Small Mentor-Protégé Program (ASMPP) in 2016 and has seen a surge in applications in each subsequent year. Under the ASMPP, any small business – including 8(a) small businesses, Historically Underutilized Business Zone (HUBZone) small businesses, veteran-owned and service-disabled veteran-owned small businesses (VOSB/SDVOSBs), woman-owned and economically disadvantaged woman-owned small businesses (WOSBs/EDWOSBs) – may enter into an agreement with a large business under which the large…

Whether you are the owner or the general contractor, dealing with mechanic’s liens filed by subcontractors or suppliers can be frustrating and, in some cases, present the very real threat of having to pay twice for work or materials. Most, if not all, states’ lien laws provide that prior payment, whether by owner to contractor or contractor to subcontractor, are not a legal defense to a lien filed by a lower tier subcontractor or supplier…

This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in previous posts, it takes more than throwing together a mediation statement at the last second and showing up at the mediation. Doing it right requires the same kind of due diligence and work that goes…

Contractors do not have to waive future claim rights when negotiating the direct cost of a change order (modification) with the government, despite banter by the contracting officer that reservation of claims is not permitted. More often than not, the contracting officer will inform the contractor that it is necessary to incorporate the following language into the modification to settle the change order: “[t]his change order is in full and complete satisfaction of all costs, direct and…

A California federal court recently allowed a relator’s False Claims Act suit against two federal contractors to proceed where the relator’s allegations centered on purported noncompliance with federal cybersecurity requirements. As discussed below, this case should serve as a wake-up call to federal contractors, as it not only confirms that perceived noncompliance with federal cybersecurity requirements may give rise to liability under the False Claims Act, but it also provides a potential roadmap for other…