Wed.Aug 23, 2023

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SBA Issues Interim Guidance on 8(a) Program Following Ultima Ruling

GovCon & Trade

On July 19, the U.S. District Court for the Eastern District of Tennessee ruled in favor of Ultima Services Corporation, prompting the pause of new 8(a) applications and necessitating a reorganization of the program’s eligibility process. In the wake of the Supreme Court’s Students for Fair Admissions decision, U.S. District Court Judge Clifton Corker found the 8(a) program’s rebuttable presumption to violate the Fourteenth Amendment’s Equal Protection clause as “the presumption does not further

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Key Topics to Watch as Congress Works to Fund Next Year’s DoD Budget

Inside Government Contracts

It’s that time of year again: the House and Senate have each passed their respective version of the National Defense Authorization Act for FY 2024 (“NDAA”) ( H.R. 2670 , S. 2226 ). The NDAA is a “must pass” set of policy programs and discretionary authorizations to fund Department of Defense (“DoD”) operations. Lawmakers are currently undertaking the arduous process of reconciling these bills, while jockeying to include topics of importance in the final legislation.

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What is Strategic Sourcing and Why is it Important?

Oxford College of Procurement and Supply

Strategic sourcing is a contemporary approach to supply chain management. It formalises the gathering, analysis and application of information to assist companies in aligning their purchasing strategy with their goals and securing the best possible value. In this post, we explain what strategic sourcing is, why it is important and how it can be implemented.

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Joshua Duvall Quoted by Law360 on Federal Court Decision Impacting the SBA 8(a) Program

Discussions & Clarifications

Joshua Duvall was quoted by Law360 in its article "SBA Small Biz Program Changes Likely To Limit Participation." In July, U.S. District Judge Clifton L. Corker (E.D. Tennessee) held in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the "rebuttable presumption" of social disadvantage under SBA's 8(a) program regulations violated a plaintiff's Fifth Amendment right to equal protection under the U.S.

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How to Create a Blueprint for Fleet Resilience

Speaker: Jeff Dickinson - President and CEO of Railgistixs Transport, Supply Chain and Logistics Thought Leader

Despite the ongoing transformation of the supply chain and logistics landscape, the steadfast importance of carrier safety remains a core principle. From prioritizing preventative maintenance to optimizing fleet utilization, the fundamentals persist. If you’re overlooking and neglecting essential safety precautions today, this could result in expensive repairs and potential safety hazards in the future. 🚧 Join Jeff Dickinson for a conversation on how to mitigate risk, enforce compliance,

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3 Tips to Reduce False Claims Act Exposure in the Wake of United States ex rel. Schutte v. SuperValu, Inc.

Government Contracts Navigator

Justin A. Chiarodo, Jennifer A. Short, Stephanie M. Harden, Samarth Barot, and Oliver E. Jury ● 2023 is shaping up to be a major year in False Claims Act (“FCA”) practice, with the Supreme Court weighing in on both FCA scienter (in SuperValu) and the reach of the government’s dismissal authority (in Polansky), and the government … Continue reading "3 Tips to Reduce False Claims Act Exposure in the Wake of United States ex rel.

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Current Participants in the SBA 8(a) Program – Be on the Lookout for Outreach on Social Disadvantage

Government Contracts Legal Forum

The Small Business Administration has begun outreach to current participants in its 8(a) Business Development Program regarding the impact of the U.S. District Court for the Eastern District of Tennessee’s July 19, 2023 decision enjoining SBA from applying a rebuttable presumption of social disadvantage to individuals of certain racial and ethnic groups.