Leslie A. Monahan

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Equality for Women: Amending the Women-Owned Small Business Program to Ensure Consistency with the Other Small Business Administration Program

On January 12, 2012, the Small Business Administration (“SBA”) issued an interim final rule amending certain regulations governing the Women-Owned Small Business (“WOSB”) Program. These amendments to threshold amounts and protest procedures make the WOSB Program more consistent with other SBA government contracting programs. Given the public benefit of consistency in small business programs, SBA … Continue Reading

One Strike and You’re Out? Debating the Need for Instituting Mandatory Suspension and Debarment Procedures

To mandate or not to mandate the use of suspension and debarment – that is the current question up for debate among federal agencies and government officials. As criticism of agencies for failure to utilize or enforce suspension and debarment procedures continues, the idea of mandating the use of these procedures as punishment for indictments … Continue Reading

Keeping the Band Together: Nondisplacement of Qualified Workers Under Service Contracts

A final rule issued by the Department of Labor (“DOL”) August 29, 2011 provides final regulations to implement Executive Order (“E.O.”) 13495, Nondisplacement of Qualified Workers Under Service Contracts. E.O. 13495, which was signed by President Obama January 30, 2009, establishes a general policy for the federal government with regard to staffing successor service contracts … Continue Reading

No Contractor Left Behind: The Proposed Standardization of Contractor Past-Performance Evaluations

A proposed rule issued by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration on June 28, 2011 proposes to amend the Federal Acquisition Regulation (“FAR”) to provide a single set of standards for contract officers reviewing contractor past performance. In 2010, agencies were required to transition their various … Continue Reading

The Protest is in the Mail: GAO and COFC Differences Regarding Treatment of Late Bid Proposals

What happens when a bid proposal is sent via e-mail prior to the submission deadline but not by the proper party until after the submission deadline has passed? Turns out, the answer depends on whether the Government Accountability Office (“GAO”) or the Court of Federal Claims (“COFC”) is reviewing the matter. A government contractor dealing … Continue Reading
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