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Devon Hewitt, partner in Protorae Law’s Government Contracts practice, was quoted by Bloomberg BNA in an April 23rd article about possible new certification requirements in the Senate Small Business and Entrepreneurship Committee’s proposed Small Business Fairness Act.

The Senate’s bill (S.958) would require contracting officers to certify that the “status” of the small business team or joint venture members is the same as it was when the team or joint venture was awarded the contract.

Hewitt expressed concerns stating, “What happens if the contracting officer does not certify that the status of the team or joint venture members is the same at some point during the contract term?”

She adds that currently, “a small business contract awardee can experience a change in size or status and still be entitled to person the small business contract.  This changes the current landscape significantly.”