Relying on an Affiliate for Past Performance to Win A Contract
When a company lacks past performance experience, it can find itself at a significant competitive disadvantage against its competitors. Companies without track records often try to address the problem...
View ArticleComprehensive Joint Venture Agreements
In this presentation: - What Is A Joint Venture - About Joint Ventures - Structuring A Joint Venture - Joint Ventures: Management Structure And Labor - General Provisions That Must Be Included In Most...
View ArticleSmall Business Legislative and Regulatory Update
In this presentation: - GSA Schedule Contracts: Veterans First? - 2013 National Defense Authorization Act (“NDAA”): - NDAA Revisions To LOS - New Mentor Protégé Program - NDAA Impact On MP Agreements -...
View ArticleBid Protests - Seven Things Every Contractor Should Know
In this presentation: - Success of GAO bid protests - Things you didn’t know you can protest (but can) - The importance of intervention - What must be protested prior to award - The GAO’s Protest...
View ArticleDOT's New DBE Utilization Rules
The Department of Transportation’s (“DOT”) new Disadvantaged Business Enterprise (“DBE”) regulations went into effect on November 3. These new rules will have a significant impact on the highway...
View ArticleYet Another Recertification Rule
On December 29, 2014, the Small Business Administration (“SBA”) issued a proposed rule to implement the subcontracting limitation requirements mandated by the National Defense Authorization Act of...
View ArticleReporting Requirements and Diminishing Profits for Government Contractors
Firms bidding on government contracts are well-advised to sharpen their pencils in the current, highly-competitive market. Doing so usually means one thing: lowering prices. With procuring agencies...
View ArticleThe Trade Agreements Act: An Unknown Compliance Issue for Small Businesses
Small businesses often enter into government contracts unaware of all the laws and regulations that may apply when selling to the government. One of the laws that is often overlooked is the Trade...
View ArticleA Look At The Numbers: 2015 Government Contracting Annual Report
Some very interesting data, trends, and analysis of government contracting, which should be of interest to government contractors, was published in a recent report by the National Contract Management...
View ArticleReporting Executive Compensation: What If You Don’t Report?
Government contractors are accustomed a myriad of reporting requirements. One such requirement that has caused much consternation is the FAR’s executive compensation clause which, as of October 1,...
View ArticleTiming Matters, Not Just Size When Protesting Long Term Contracts
Operating in a very competitive market, many small businesses are increasingly filing size protests to eliminate competitors against which they have lost contracts. These protests are not only filed on...
View ArticleThe SBA’s Final Rule on the 8.73 Percent Inflationary Adjustment to the...
On January 25, 2016, the Small Business Administration (“SBA”) issued a final rule, effective immediately, adjusting the monetary-based size standards for inflation by 8.73%. While this final rule may...
View ArticleDo's and Dont's for Teaming Agreements & Subcontracts for 8(a) Contracts
Overview - - Teaming Agreements & Subcontracts - What are they? - What provisions should you include? - What are the key considerations for primes? - What are the key considerations for...
View ArticleThe GAO’s Report on Contracting with ANC-Owned 8(a) Firms And Its Potential...
The Government Accountability Office (GAO) recently issued a report, titled “Alaska Native Corporations: Oversight Weaknesses Continue to Limit SBA’s Ability to Monitor Compliance with 8(a) Program...
View ArticleSet-Aside Alert - The DOJ's Enforcement of Small Business Regulations
With the Small Business Administration's new limitations on subcontracting rules going into effect on June 30.... Originally published in the Set-Aside Alert on June 10, 2016. Please see full Alert...
View ArticleComments on FAR Case 2015-015 Regarding the Federal Strategic Sourcing...
Dear Ms. Flowers: We are writing to submit comments on the above-referenced notice of proposed rulemaking, issued on June 20, 2016, 81 Fed. Reg. 39,883. Our firm represents small business federal...
View ArticleUnderstanding SBA's New Government-Wide Small Business Mentor-Protege Program
OVERVIEW - Small Business Mentor-Protégé Program - Mechanics - Eligibility - Compliance Requirements - Application - All Small Business Joint Ventures - Other Important Rule Changes - Please see full...
View ArticleThe SBA’s Two New Recertification Rules
The Small Business Administration (“SBA”) has issued two more regulations that will require that small businesses recertify their size when they engage in a merger and/or acquisition (“M&A”). The...
View ArticleSBAs 8(a) Annual Reporting Requirements
Overview - - Why the Annual Report Matters for Concerns Owned by Individuals - Why the Annual Report Matters for Concerns Owned by Tribes, ANCs, & NHOs - Consequences of Misreporting - Form 1450...
View ArticleOffice of Management and Budget ( OMB ) Circular A-xxx
Re: Proposed New OMB Circular A-xxx - Dear Ms. Dillon: We are writing to submit comments on the above-referenced proposed Office of Management and Budget (“OMB”) Circular, issued on October 7, 2016, 81...
View ArticleDBE Contracting Opportunities under the Trump Administration
With President-elect Trump’s promise to turn America’s crumbling infrastructure into an opportunity for accelerated economic growth, there are likely to be significant investments in the next four...
View ArticleFAR’s Signature Requirements Strictly Enforced
Though we live in the electronic age, the pen’s power endures in the government contracts world—at least when it comes to signatures for certified claims. The Armed Services Board of Contract Appeals...
View ArticleThe Risk of Certifying as Small Without Tax Returns
We are regularly contacted at this time of year, before tax returns are due, by companies that wish to pursue small business set-aside contracts but have not yet filed their tax returns. These...
View ArticleSAM Registration Update: Notarized Letter Requirement Change and New Deadline...
As most government contractors may know by now, in order to proactively fight against alleged fraudulent activity in the System for Award Management (SAM), the General Services Administration (GSA)...
View ArticleWeekly Update Newsletter - June 2018 #2
CAPITOL HILL - Vets First? An Examination of VA’s Resources for Veteran-Owned Small Businesses - On June 7, 2018, the House Committee on Small Business Subcommittee on Investigations, Oversight, and...
View ArticleTeaming Agreements: Are They Necessary or Not Worth the Effort?
Government contractors enter into teaming agreements to secure contracts with partners that will help them win and perform the work. It surprises many, however, that certain terms in a teaming...
View ArticleWeekly Update Newsletter - January 2019 #3
GOVERNMENT CONTRACTING - According to Bloomberg Government, contract spending has grown by almost 6% per year over the past five years as federal agencies increasingly rely on government-wide contract...
View ArticleWeekly Update Newsletter - August 2019 #3
SMALL BUSINESS PROGRAMS & ADVISORY SERVICES - General Services Administration - According to Law360, GSA is seeking up to $20 billion worth of information technology services from disadvantaged...
View ArticleNo More "Consent to Subcontract" for 8(a) Firms
Firms that participate in the U.S. Small Business Administration (“SBA”) 8(a) program operate in a highly regulated environment. For years, 8(a) firms were required to seek approval, or “consent to...
View ArticleWeekly Update Newsletter - December 2019 #2
CLIENT ALERT: SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know - On November 29, 2019, the U.S. Small Business Administration (SBA) issued a final...
View ArticleTop Priorities from SBA Administrator Jovita Carranza
On January 7, 2020, the Senate confirmed U.S. Treasurer Jovita Carranza as the 26th Administrator of the Small Business Administration (SBA). During her testimony before the Senate Committee on Small...
View ArticleWeekly Update Newsletter- January 2020 #4
PilieroMazza Prepares Draft Comments to SBA Proposed Rule - Comments to the Small Business Administration’s (SBA) proposed rule are due on February 7th. In its role as advocate to small businesses...
View ArticlePilieroMazza Drafts Comments To Rin 3245-AG94, Proposed Rule On The...
Dear Ms. Fernandez - We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule on amendments to its regulations to merge the 8(a) Business...
View ArticlePilieroMazza Comments To Rin 3245-Ag94, Proposed Rule On The Consolidation Of...
Dear Ms. Fernandez - We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule on amendments to its regulations to merge the 8(a) Business...
View Article[Video] SBA’s Final Rule on SBA’s MP Program, Joint Ventures, Affiliation and...
SBA recently issued a final rule that will impact joint ventures, the mentor protégé program, the 8(a) program, and much more. Understanding the new rule is essential to leveraging it for your...
View ArticleThe First 100 Days: President Biden Signs Memo on Tribal Consultation and...
Last week, President Biden signed a Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships. In the memorandum, President Biden says “It is a priority of my Administration to...
View ArticleWeekly Update for Government Contractors and Commercial Businesses - February...
Native American Law & Tribal Advocacy - The First 100 Days: President Biden Signs Memo on Tribal Consultation and Strengthening Nation-to-Nation Relationships - Last week, President Biden signed a...
View Article[Webinar] Roadmap to Joint Venture Agreements: Legal and Accounting...
Joint ventures (JVs) can be a powerful tool to improve a government contractor’s odds of winning federal contracts. With the SBA’s Mentor Protégé Program facilitating JVs and large multiple award...
View Article[Video] Roadmap to Joint Venture Agreements: Legal and Accounting Considerations
Joint ventures (JVs) can be a powerful tool to improve a government contractor’s odds of winning federal contracts. With the SBA’s Mentor Protégé Program facilitating JVs and large multiple award...
View ArticleWeekly Update for Government Contractors and Commercial Businesses – April 2022
GOVERNMENT CONTRACTS - OHA Confirms M&A-Related Recertification Won’t Impact Contractors’ Eligibility Under Pre-Existing Contracts - For small businesses, navigating the recertification rules...
View ArticleFederal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program
On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where it declared that the Small Business Administration’s (SBA) rebuttable presumption of...
View ArticleWeekly Update for Government Contractors and Commercial Businesses – July...
GOVERNMENT CONTRACTS - Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program - On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important...
View ArticleWeekly Update for Government Contractors and Commercial Businesses –...
GSA’s OASIS Unrestricted Contract Now Runs Until March 2025, GovConWire - The General Service Administration added six months to the initial period of performance for the One Acquisition Solution for...
View ArticleSBA Tightens Enforcement of HUBZone Regulations
Government contractors maintaining or seeking HUBZone certification should make themselves aware of the Small Business Administration’s (SBA) recent efforts to tighten and enforce new and existing...
View ArticleNew Developments in Ultima Case: Potential Effect on Current and Future SBA...
On September 15, 2023, Ultima Services (Ultima) filed a motion in the U.S. District Court for the Eastern District of Tennessee seeking additional equitable relief in its suit challenging the...
View ArticleWeekly Update for Government Contractors and Commercial Businesses –...
SBA Tightens Enforcement of HUBZone Regulations - Government contractors maintaining or seeking HUBZone certification should make themselves aware of the Small Business Administration’s (SBA) recent...
View ArticleWeekly Update for Government Contractors and Commercial Businesses – November...
Department of Defense (DOD) Final Rule: Inapplicability of Certain Laws and Regulations to Commercial Items - DOD issues this Final Rule to amend the DFARS to address the inapplicability of certain...
View ArticleWeekly Update for Government Contractors and Commercial Businesses – January...
Good News for Pandemic-Related Government Contract Claims: McCarthy HITT – Next NGA West JV - On December 20, 2023, the Armed Services Board of Contract Appeals (the Board) denied the government’s...
View ArticleSBA’s 8(a) Program Again Challenged and the Potential Impacts on Native Owned...
The Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) program) faced new constitutionality challenges in a case filed at the U.S. Court of Federal Claims (COFC) by Advanced...
View ArticleWeekly Update for Government Contractors and Commercial Businesses – March...
Keys to Avoiding GAO’s Timeliness Trap - GAO’s recent decision in Marathon Medical Corporation provides a cautionary tale for government contractors seeking to protest the terms by which an agency...
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