We’ve discussed the “ostensible subcontractor rule” quite a few times on the blog (including most recently here and here) because it is one of the most frequent grounds for size protests. It’s also frequently misunderstood. A recent SBA Office of Hearings and Appeals decision, Contego Environmental, LLC, SBA No. SIZ-6054 (May 19, 2020), demonstrates how even SBA Area Offices can misapply the rule and provides useful reminders to contractor looking to avoid violating it.
Continue reading…YouTube Tuesday: Why Should You File Bid Protests at GAO?
We here at Koprince Law have been seeing a lot of GAO bid protests lately, but for those of you unfamiliar with the Government Accountability Office and what it means to file a bid protest, this video is for you:
For more information, or if you need assistance filing your GAO protest, learn more about how we can help here.
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GAO Awards Costs After Agency Unduly Delays Corrective Action
GAO recently awarded the reasonable costs of filing and pursuing a protest to an agency’s evaluation and award decision, after finding that the agency unduly delayed corrective action in response to a clearly meritorious protest.
Let’s take a look.
Continue reading…SmallGovCon Week In Review: June 8 – June 12, 2020
Happy Friday and welcome to another addition of the SmallGovCon Week in Review. As always, there are some interesting updates from the world of federal contracting this past week.
Continue reading…GAO: Single Instance of Disparate Treatment Prejudiced Protester
A GAO protest can rest on a number of different grounds. One of the most fertile, however, is disparate treatment. That is, GAO is particularly sensitive to arguments that a procuring agency wasn’t even-handed in evaluating the same features or omissions in competing proposals.
Continue reading…Congress Changes the Rules on PPP Loan Forgiveness, but Questions Remain
Newly passed changes to the Paycheck Protection Program are designed to make it easier for small businesses to have their loans forgiven.
The Paycheck Protection Program has been around since the end of March and provides funds for small businesses to retain employees and keep operating during the global coronavirus pandemic. If used properly, the business should have all or a portion of the loan forgiven. The new law eases some of the restrictions on how that money can be spent.
Continue reading…Required Disclosures to the Government did not Waive Attorney Client Privilege, 4th Circuit Finds
Attorney-client privilege is a cornerstone of the American legal system. It protects conversations between an attorney and their client from disclosure during litigation. The goal of this protection is to allow an attorney to provide the best representation possible by protecting client communications from being later leveraged during litigation. Sometimes, however, invocation of attorney-client privilege protections can be complicated by required disclosures.
But federal contractors are required to notify the government about various circumstances that may impact their role as contractors. What if there is a conflict between mandatory government disclosures and attorney-client privilege? In a recent decision, the 4th Circuit Court of Appeals was asked to determine whether certain mandatory disclosures under the FAR waived attorney client privilege.
Continue reading…