A Change That Would Simplify and Improve SBA’s HUBZone Program

By Carol L. O’Riordan A HUBZone (Historically Underutilized Business Zone) is a geographic area that benefits from a U.S. Small Business Administration (SBA) program that was established in 1998. The program helps small businesses in urban and rural communities gain preferential access to federal procurement opportunities. The SBA regulates and implements the HUBZone program by […]

Our Latest Article: When Desperate Situations Call for Immediate and Targeted Response

Managing Partner Carol L. O’Riordan recently wrote an article in the National Law Review about how small law firms can bring in former government employees and other specialists to help them in their government contracts cases, especially suspension and debarment cases,  thus serving their clients better and reducing costs. The article describes a distinctly new […]

SBA Rule Allows Prime Contractors to Claim Credit for Small Lower-Tier Subcontractors

By Taimur Rabbani The Small Business Administration recently issued a rule to allow a large, prime government contractor with an individual subcontracting plan to receive small-business credit for subcontracts issued to small businesses at any tier. The rule has significant implications for businesses performing on unrestricted federal contracts – at all tiers. The final rule, […]

Appeals Court Upholds 8(a) Program Against Constitutional Challenge

By Pamela J. Bethel The U.S. Court of Appeals for the D.C. Circuit has upheld the Small Business Administration’s 8(a) business development program, which provides for contracting preferences to small business owners, against a constitutional challenge that the program involves impermissible racial classifications. The decision in Rothe Development, Inc. v. U.S. Department of Defense and […]

New SBA Mentor-Protégé Program Creates Opportunities for Small Business

On July 25, 2016, the federal Small Business Administration issued a final rule – effective August 24, 2016 – establishing a mentor-protégé program for all small business concerns. Although this new program resembles the existing mentor-protégé program for 8(a) firms, it is a distinct program that permits all small business concerns to participate in mentor-protégé […]

O’Riordan Bethel Wins Key Ruling on Veteran-Owned Business Set-Asides

Here is an interesting and important bid protest case that a team from O’Riordan Bethel won earlier this year in the Small Business Administration’s Office of Hearings and Appeals. The holding of the case was that a mentor-protégé joint venture formed under Section 8(a) does not qualify for a set-aside as a service-disabled veteran-owned small […]

Veteran-Owned Small Businesses Reap Big Win at U.S. Supreme Court

The U.S. Supreme Court unanimously ruled on June 16 that when Congress wrote “shall,” it meant “shall.” The result of its decision in Kingdomware Technologies Inc. v. United States will have major implications for the federal contracting efforts of veteran-owned small businesses (VOSBs) and may well give VOSBs a big boost in their constant efforts […]

Contractors Need to Scrutinize Unanimous Supreme Court Ruling on FCA Issue

By Pamela J. Bethel Government contractors and subcontractors need to carefully scrutinize the Supreme Court’s important June 16 ruling on a key False Claims Act. In a unanimous decision that has delighted lawyers for claimants under the FCA, the Court endorsed a potent theory of FCA liability known as “implied false certification.” The closely watched […]

Baltimore Sewage Project Is Great Opportunity for City, and for Contractors

Earlier this month, Baltimore City reached an agreement with federal and state environmental agencies that commits the city to greatly reduce the amount of sewage that overflows in Baltimore within less than five years. The agreement is a modification to a 2002 consent decree between the Maryland Department of the Environment, the U.S. Environmental Protection […]