Government Contracts Legal Forum

Amy Laderberg O'Sullivan

Amy Laderberg O'Sullivan

Amy Laderberg O’Sullivan is a partner in Crowell & Moring’s Government Contracts Group. Her practice involves a mix of litigation and day-to-day counseling for corporate clients of all sizes and levels of experience as government contractors. On the litigation side, she has represented corporate clients in bid protests (agency level, GAO, and Court of Federal Claims), protests before the Small Business Administration, claims litigation before the various Boards of Contract Appeals, Defense Base Act claims litigation at the Administrative Law Judge and Benefits Review Board levels, civil and criminal investigations, and she has been involved in complex commercial litigation. Her counseling practice ranges from the day-to-day survival issues facing small businesses to the complex and specific legal questions from large defense contractors.

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Living in Harmony: Notable Changes to Synchronize the 8(a) and Small Business Mentor-Protégé Programs

Posted in Small Business
In this second part of our blog series about the July 25, 2016 SBA final rule implementing numerous changes to multiple SBA regulations and establishing a new small business Mentor-Protégé Program (SB MPP), we address how such implementation impacts the parallel 8(a) Business Development mentor-protégé program (8(a) MPP).  As the final rule points out, the… Continue Reading

SBA Opens the Floodgates: The Mentor-Protégé Program Expands to All Small Businesses

Posted in Small Business
On July 25, 2016, the SBA published its final rule establishing a government-wide mentor-protégé program for the benefit of all small businesses as protégés.  This widely-anticipated rule, implementing provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013, provides increased opportunity for small and large businesses… Continue Reading

The SBA Final Rule Implementing the FY2013 NDAA Part IV: New Recertification Requirement Following Mergers & Acquisitions

Posted in Small Business
In this part of our ongoing series (see Part I, Part II and Part III) on the Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments implementing the National Defense Authorization Act of 2013 (FY2013 NDAA) Amendments, we address the new recertification requirement that is triggered following the merger, sale, or acquisition… Continue Reading

Crowell & Moring Held Its Annual OOPS Conference

Posted in Events
The Government Contracts Group, along with our colleagues from the Corporate, White Collar, Litigation, and Labor & Employment Groups along with several guest speakers, presented on a broad range of current issues impacting government contractors during our annual OOPS and West Coast OOPS.  Our practitioners covered hot topics such as the new labor and employment… Continue Reading

The SBA Final Rule Implementing the FY2013 NDAA Part III: What You Need to Know About Affiliation and Joint Ventures

Posted in Small Business
As we have previously addressed, the Small Business Administration’s (SBA) final rule, Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments, has implemented numerous changes to small business contracting contained in the National Defense Authorization Act of 2013 (FY2013 NDAA).  Below we discuss an important change to one affiliation test as well… Continue Reading

The SBA Final Rule Implementing the FY2013 NDAA Part II: The Changes to Small Business Subcontracting Plans Have Immediate Impacts on Small and Large Businesses

Posted in Small Business
The Small Business Administration’s (SBA) final rule, Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments, implements changes regarding small business subcontracting plans contained in the National Defense Authorization Act of 2013 (FY2013 NDAA).  We discuss the key changes below.  This rule becomes effective June 30, 2016, but as some of the… Continue Reading

The SBA Final Rule Implementing the FY2013 NDAA Part I: SBA Overhauls the Method for Calculating Compliance with the Limitation on Subcontracting Requirement

Posted in Small Business
The goal of the limitation on subcontracting requirement is to ensure that a certain amount of work is performed by a small business concern (SBC) when it qualifies for a small business program set-aside or sole source procurement due to its socioeconomic program status. SBA’s final rule, Small Business Government Contracting and National Defense Authorization… Continue Reading

Investors Beware: Minority Ownership Interests Can Create Affiliation and Defeat Small Business Size Status

Posted in Small Business
Far too often, investors, including venture capital companies, assume that as long as they do not retain the largest shareholder interest in a company, that they cannot create affiliation problems impacting what is a key to companies’ initial success in government contracting: small business status. Wrong. A recent U.S. Small Business Administration (SBA) Office of… Continue Reading

VIDEO: Bid Protest Litigation — Trends, Impact, and Corrective Action

Posted in Bid Protest
Partner Amy O’Sullivan, in a two-part video alert series, discusses the impact that a smaller pool of procurement dollars has had on bid protest litigation, recent trends in bid protest litigation, and corrective action that is more frequently a procuring agency’s response to a bid protest. Both videos are embedded below for viewing. For a… Continue Reading

Significant Changes on the Horizon to Key SBA Regulations, Including the Limitations on Subcontracting

Posted in Small Business
On December 29, 2014, the Small Business Administration issued long overdue proposed amendments to its regulations (with 60 days for comments) to implement many of the provisions of the National Defense Authorization Act of 2013 relevant to small business contracting. Most notable is the complete overhaul of the calculation of the limitations on subcontracting requirement.… Continue Reading

C&M Litigators Conduct Seminar on Bid Protest Procedure and Strategy

Posted in Bid Protest
On September 19, 2013, bid protest attorneys Amy O’Sullivan, Jonathan Baker, and Olivia Lynch will once again be teaching the “Bid Protests: Practice, Procedure and Strategy” course for Federal Publications Seminars. This full-day, CLE-eligible, seminar focuses on practice, procedure, and strategy for protests litigated at the agency-level and before the U.S. Government Accountability Office and… Continue Reading

FAR Council Issues Proposed Rule Changes for Protests of Small Business Status

Posted in Small Business
The FAR Council issued a proposed rule on March 7, 2013, that would amend the FAR to mirror recent changes to the Small Business Administration’s procedures for protests and appeals of small business size and status determinations.  The rule also seeks to provide uniformity for protests and appeals of status as a HUBZone small business… Continue Reading

C&M Lawyers Conduct Live Webinar on Small Business Size Determination on Thursday, November 15

Posted in Small Business
At 1:00 p.m. (Eastern) on November 15, 2012, Crowell & Moring attorneys Amy O’Sullivan and Alexina Jackson will conduct a webinar on behalf of L2 Federal Resources entitled “Small Business Size Determination: Identifying and Avoiding Affiliation Traps.” This 90-minute webinar will provide an overview of the affiliation rules and factors, as well as how they… Continue Reading

Experienced Bid Protest Litigators Explain Procedure and Offer Strategy and Practice Pointers in Full-Day Seminar

Posted in Bid Protest
On March 17, 2011, bid protest litigators Amy O’Sullivan and Puja Satiani will be teaching “Government Contracts Bid Protests: Practice, Procedure and Strategy,” a full-day seminar for Federal Publications Seminars. The course will focus on the practice, procedure, and strategy involved in protests at the agency-level and before the U.S. Government Accountability Office (GAO) and… Continue Reading