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Congress established the Government Accountability Office in 1921 to act as a source of objective, non-partisan information on government operations, most importantly, the executive branch. This authority extends to the review of federal government contracts—whether federally appropriated funds are being properly spent and whether procurements are being conducted fairly so as to bring the...

Are you a Native-Hawaiian Owned (“NHO”) business interested in applying for the Small Business Administration (“SBA”) 8(a) Development Program (“8(a) Program”)? Ward and Berry provides this brief informative guide as to the legal framework and regulations for becoming an NHO (as defined by the SBA) and applying for the 8(a) Program.   Under 13...

The SBA recently released a proposed rule that would bring significant changes to small business size and small business socioeconomic program (Woman-Owned Small Business Program, Veteran-Owned Small Business Program, etc.) recertifications. Such recertifications are especially important in the context of indefinite delivery/indefinite quantity (IDIQ) contracts, which contemplate the award of future task orders to...

On August 22, 2024, the Department of Justice (DoJ) filed a lengthy complaint againstGeorgia Tech alleging that the university had misrepresented its compliance with several important cybersecurity regulations that outline what contractors must to do to protect government information residing on, passing through, or accessible by contractor systems. Ironically, the complaint focuses on allegedly...

Attention all DoD contractors, subcontractors, and suppliers! Last week, DoD issued its proposal to amend the Defense Federal Acquisition Supplement (DFARS) to incorporate solicitation and contractual requirements to implement CMMC 2.0, once finalized. As part of the notice and comment process, DoD seeks comments by October 15, 2024. Speak Now! What’s in the new...

The Federal Circuit’s recent decision in Percipient.AI, Inc. v. United States represents a major development in its case law regarding bid protest standing and task order protest jurisdiction.  In the decision—which has rightly received significant attention this month—a three-judge panel of the U.S. Court of Appeals for the Federal Circuit held that Percipient, which...