H.R. 190 seeks to expand contracting opportunities for small businesses, reinforce certification requirements
A new bill, H.R. 190, proposes to amend the Small Business Act to increase the ability of the government to make sole-source awards to certain small business concerns. On January 3, 2019, the new bill, called “Expanding Contracting Opportunities for Small Businesses Act of 2019” was introduced in the U.S. House of Representatives and...
Read More
Proposed changes to FRCP 30(b)(6) (deposition of a corporate representative) and how they may affect you.
Rule 30(b)(6) of the Federal Rules of Civil Procedure has long been both a blessing and a curse for litigators. It allows for a deponent corporation, partnership, association, or government entity to identify an individual or a number of individuals to testify on the entity’s behalf. That individual, when testifying, is speaking for the...
Read More
New Law Makes It Easier For Contractors To Qualify For Small Business Set-Aside Contracts
Update: The SBA has issued guidance which takes the position that the new calculation method does not take effect until SBA completes the rulemaking process to conform its regulations to this law and so the new calculation method is not applicable to present contracts, offers, or bids. Whether this position could pass muster if challenged...
Read More
Court of Federal Claims Allows Planate to Seek Reimbursement for Arming Its Personnel
On July 27, 2018, the U.S. Court of Federal Claims denied the Government’s Motion to Dismiss Ward & Berry Client Planate Management Group LLC’s breach of contract claims stemming from the U.S. Army’s refusal to reimburse Planate for expenses related to arming its contractors. Planate is represented by Ward & Berry attorneys Ryan Bradel and Ryan...
Read More
Assignments and Novations
Typically, government contracts cannot be assigned from one contractor to another. However, the law recognizes that it is in the government’s best interest to allow government contractors to undertake a merger or acquisition. Therefore, the law provides for assignment of contracts in the context of a merger or acquisition through a process known as...
Read More
Can the FOIA Betray Your Trade Secrets?
A company’s trade secrets can be among its most valued property. Of course, a company’s proprietary information is only valuable insofar as it is kept secret from its competitors. Government contractors typically include proprietary information in their proposals to the government or, for a variety of reasons, an agency may require the disclosure of...
Read More