The Small Business Administration (SBA) issued a class waiver of the non-manufacturer rule (NMR) on March 9, 2020. Effective April 8, 2020, it waives the NMR for commercially available off-the-shelf (COTS) laptop and tablet...more
CLIENT ALERT: FAR Council Changes Rules Regarding Small Business Rerepresentation / Recertification and Multiple Award Contracts -
On February 27, 2020, the FAR Council published a final rule that amends the Federal...more
3/6/2020
/ Bureau of Indian Affairs ,
Buy American and Hire American ,
Court of Federal Claims ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
Employer Liability Issues ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Funding ,
General Services Administration (GSA) ,
Indian Reorganization Act ,
Joint Employers ,
Multiple Award Contracts ,
NLRA ,
NLRB ,
OFCCP ,
SBA ,
Small Business ,
USAID ,
Women-Owned Businesses
PODCAST: Ex Rel. Radio – False Claims Act: The Risks to Small Business Government Contractors
“False Claims Act: The Risks to Small Business Government Contractors” is the fifth episode of “Ex Rel. Radio,” our multi-part...more
1/14/2020
/ Comment Period ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Federal Contractors ,
General Services Administration (GSA) ,
HUBZone ,
Human Resources Professionals ,
NASA ,
Proposed Rules ,
SBA ,
Small Business ,
Tribal Governments
SEASON'S GREETINGS FROM PILIEROMAZZA!
CLIENT ALERT: The 2020 NDAA's Impact on Government Contractors -
On December 17, 2019, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2020,...more
12/24/2019
/ Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
DFARS ,
Fair Labor Standards Act (FLSA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
General Services Administration (GSA) ,
NDAA ,
NLRB ,
Procurement Guidelines ,
SBA
One of the most overlooked compliance requirements for set-aside contracts are the limitations on subcontracting. Don’t take my word for it—GAO has noted in several reports that contracting officers generally do not monitor...more
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 rule that will...more
12/4/2019
/ Bid Protests ,
COFC ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
DFARS ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
GAO ,
Healthcare ,
HUBZone ,
NDAA ,
OFCCP ,
OMB ,
Price-Fixing ,
SBA ,
Small Business
GOVERNMENT CONTRACTS LAW -
Long-Awaited Proposed Rule for Lower-Tier Subcontracting Plan Credit Finally Arrives to the FAR, June 28, 2019.
The FAR Council is beginning to catch up with the SBA’s allowance that prime...more
7/9/2019
/ ADEA ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Department of Labor (DOL) ,
DFARS ,
Fair Labor Standards Act (FLSA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
General Data Protection Regulation (GDPR) ,
OFCCP ,
Petition for Writ of Certiorari ,
SBA ,
Small Business ,
Wage & Hour Division (WHD) ,
Wage and Hour
HEARING ON THE SMALL BUSINESS RUNWAY EXTENSION ACT -
PilieroMazza’s Megan Connor testified at the House Small Business Subcommittee on Contracting and Infrastructure’s hearing on March 26, 2019, concerning the...more
4/8/2019
/ Competition ,
Congressional Investigations & Hearings ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
DFARS ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Federal Procurement Systems ,
Franchises ,
Joint Employers ,
Proposed Legislation ,
Proposed Rules ,
SBA ,
SBIRs ,
SDVOSB ,
Small Business ,
Staffing Agencies ,
STTR ,
Suspensions & Debarments ,
Veterans Administration ,
VOSB ,
Wage and Hour
GOVERNMENT CONTRACTING -
The Small Business Administration (SBA) announced a series of workshops geared to help Native American small business communities with technical assistance and business development. The SBA will...more
2/11/2019
/ Buy America ,
Criminal Convictions ,
Department of Justice (DOJ) ,
EEO-1 ,
Federal Contractors ,
Federal Pilot Programs ,
Fraud ,
Joint Venture ,
Native American Issues ,
Proposed Legislation ,
SBA ,
Small Business ,
Subcontractors ,
Title VII ,
Transgender ,
Unpaid Wages ,
US Army Corps of Engineers ,
Veterans' Benefits
Joint ventures have been popular arrangements for chasing government contracts, particularly since the start of SBA’s All Small Mentor-Protégé program in 2016. The “ASMPP” allows any small business to enter into an...more
For the first time in 20 years, SBA is proposing an extensive overhaul of its regulations for the HUBZone program. SBA recognizes the difficulty firms face getting into and staying in the HUBZone program, so they are revising...more
SMALL BUSINESS ADMINISTRATION -
Masstech, Richard Lee, and Arnold Lee to Pay U.S. $1.9 Million to Settle False Claims Act Allegations Relating to Small Business Innovation Research Awards -
Columbia-based MassTech,...more
DEPARTMENT OF DEFENSE -
Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts -
The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition...more
5/7/2018
/ Audits ,
Bid Protests ,
Cyber Threats ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Liquidated Damages ,
NASA ,
Paid Sick Leave Act ,
SBA ,
Small Business ,
Subcontractors ,
Verification Requirements
Being and remaining a small business in the eyes of the government is one of the most important considerations for every federal contractor participating in small business set-aside programs. The rules of the contracting game...more
The 2018 National Defense Authorization Act (“NDAA”), signed last week, made some significant changes to the Small Business Administration’s (“SBA”) Historically Underutilized Business Zone (“HUBZone”) Program. Most of the...more
It’s protest season. Or, maybe it is always protest season. In any event, the best defense for a size or status protest is always to be prepared before the protest is filed. That means regularly assessing potential...more
SBA's size standards are one of the agency's most important metrics. The size standards draw a bright line between small and large businesses for each industry by NAICS code. A firm that is below the size standard for its...more
If your company pursues small business set-aside contracts, either as a prime contractor or as a subcontractor, you have to prepare for the possibility of a post-award size protest alleging affiliation. Once the protest is...more
We work with many firms that have or would like to invest in small businesses. One of the biggest issues for an investor in a small business is the potential that the investment will create an affiliation between the investor...more
The HUBZone Program needs some TLC. After a peak of 14,000 SBA-certified participants in 2009, the HUBZone Program has seen a significant drop in participation over the past few years due to various factors. This, in turn,...more
On August 24, 2016, the Small Business Administration’s long-awaited rules creating the new small business mentor-protégé program took effect...
...more
On July 25, 2016, SBA released its long-awaited final rule creating the new mentor-protégé program for all small businesses. Many aspects of the new rule are very exciting and should be beneficial for the small business...more
Today, SBA issued its final rule to implement provisions of the National Defense Authorization Act of 2013, which pertains to the limitations on subcontracting (“LOS”) applicable to small business set-aside contracts,...more
SBA’s Office of Hearings and Appeals recently issued a surprising decision finding that the mentor-protégé affiliation exemption does not excuse program-specific requirements for SDVOSB joint ventures. OHA agreed with SBA’s...more
Government Contracting -
LESSONS LEARNED FROM PROTESTS INVOLVING “LATE” PROPOSALS -
Most, if not all, proposals for government contracts are submitted electronically, whether by email or through a third...more