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Tag: Jonathan Brittin

SBA 8(a) Business Program Pause: Minority-Owned Businesses Can’t Rely on SBA’s Rebuttable Presumption of Social Disadvantage

To comply with the Ultima decision, SBA issued a press release, interim guidance, & temporarily suspended 8(a) business program applications

SBA 8(a) Business Program Pause: Minority-Owned Businesses Can’t Rely on SBA’s Rebuttable Presumption of Social Disadvantage   August 24, 2023   |   By: Alexander Jonathan Brittin and Mary Pat Buckenmeyer   The U.S. District Court for the Eastern District of Tennessee recently issued a decision holding that a rebuttable presumption of social disadvantage for certain minority… Continue reading SBA 8(a) Business Program Pause: Minority-Owned Businesses Can’t Rely on SBA’s Rebuttable Presumption of Social Disadvantage

Word To The Wise: Prior Discussions Will Not Prevent A Modification From Waiving A Contractor’s Right To Assert A Future Claim

By: Jonathan Brittin  [9/14/22] Oftentimes contractors face changing circumstances during contract performance through delays or change orders and then seek to recover additional time and funding through a bilateral modification with the government. Contractors may be eager and willing to sign a proposed modification, but this potentially waives a contractor’s right to assert a future… Continue reading Word To The Wise: Prior Discussions Will Not Prevent A Modification From Waiving A Contractor’s Right To Assert A Future Claim

COFC Upholds Agency Use of Transitive Property of Inequality and Highest Technically Rated with a Fair and Reasonable Price

By: Jonathan Brittin  [8/29/22] In May 2022, the Court of Federal Claims (“COFC”) issued three interesting decisions, all arising under the same procurement.  Stratera Fulcrum Technologies, LLC v. United States, No. 21-1770; RCH Partners v. United States, No. 21-1702; and M6-VETS, LLC v. United States, No. 21-1736. In the decisions, the COFC held that an agency’s use of the “transitive… Continue reading COFC Upholds Agency Use of Transitive Property of Inequality and Highest Technically Rated with a Fair and Reasonable Price

Prejudice Not Presumed Despite Arbitrary and Capricious Decision by Agency

By: Jonathan Brittin  [8/8/22] In a recent decision by the U.S. Court of Appeals for the Federal Circuit (CAFC), System Studies & Simulation, Inc. v. U.S., No. 2021-1469 (Fed. Cir. Dec. 30, 2021), the CAFC issued an important decision holding that prejudice will not be presumed despite irrational or arbitrary and capricious agency action.  In 2020,… Continue reading Prejudice Not Presumed Despite Arbitrary and Capricious Decision by Agency

Corrective Action After A Bid Protest Is Filed

By: Jonathan Brittin  [8/5/22] Corrective Action After A Bid Protest Is Filed: The Court of Federal Claims (COFC) May Apply More Scrutiny Than The Government Accountability Office (GAO) During the course of a bid protest filed at the Government Accountability Office (GAO) or the Court of Federal Claims (COFC), the government agency may decide to… Continue reading Corrective Action After A Bid Protest Is Filed

Differences Between Labor Categories In An Offeror’s Proposal and Solicitation Requirements

By: Alexander Jonathan Brittin  [6/22/22] An interesting problem arose in a procurement for the acquisition of audit support services. The solicitation stated that an offeror’s Federal Supply Schedule (FSS) Contract Labor Categories (LCATs) must “align precisely” with the LCATs in the solicitation’s statement of work. Conducted under FAR subpart 8.4, the contractor Grant Thornton, LLC,… Continue reading Differences Between Labor Categories In An Offeror’s Proposal and Solicitation Requirements

Restrictive Markings for Technical Data Deliverables Contained Within Legends May Differ For Government and Third Parties

By: Jonathan Brittin  [3/30/22] The Defense Federal Acquisition Regulation Supplement (DFARS) implements strict requirements for marking proprietary technical data with an appropriate restrictive legend tailored to the non-commercial items delivered to the government when it receives less than unlimited license rights. DFARS Section 252.227-7013(f) provides clear instructions for how contractors may restrict the government’s right… Continue reading Restrictive Markings for Technical Data Deliverables Contained Within Legends May Differ For Government and Third Parties

A Small Business Protégé Must Have “Unequivocal” Control Over A Joint Venture

By: Jonathan Brittin [3/10/22] The U.S. Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) issued an important decision that the managing venturer must have unequivocal control over the joint venture (JV). Seventh Dimension, LLC, SBA No. VET-6057 (2020) (Emphasis added). To be eligible to pursue small business contracts, the written agreement establishing the mentor-protégé (MP) JV must… Continue reading A Small Business Protégé Must Have “Unequivocal” Control Over A Joint Venture

Intern Program

As part of our effort to recruit, develop and retail the best and brightest attorneys, Dunlap Bennett & Ludwig offers a summer intern program for promising law school students who are looking to work as part of an innovative and incredibly successful team. With a global team of lawyers, selected candidates are able to work on high level projects in a collaborative space.

Paralegals and Legal Support Staff

At Dunlap Bennett & Ludwig, our team of paralegals and staff work together collaboratively along side our attorneys toward a common goal. We have created a positive work environment where our paralegals and legal assistants work to successfully reach firm-wide goals and support each other to combine individual strengths to enhance team performance. They regularly assist our attorneys with organizing and maintaining files, conducting legal research, and preparing documents.