News & Analysis as of

Small Business Subcontractors Contract Terms

Bradley Arant Boult Cummings LLP

SBA OHA: Compliance with Limitations on Subcontracting Can Rebut Ostensible Subcontractor Affiliation

On May 2, 2025, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) issued a significant decision in Size Appeal of Bowhead Enterprise, Science, and Technology, LLC, SBA No. SIZ-6352. The...more

Morgan Lewis

Supreme Court Broadens Wire Fraud Liability to Include Fraudulent Inducement Without Economic Loss

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The US Supreme Court’s ruling on May 22, 2025 expands the scope of federal wire fraud to include convictions based on fraudulent inducement even without economic harm. This development raises the stakes for entities involved...more

Bradley Arant Boult Cummings LLP

How to Become a U.S. Government Contractor: A Legal Guide to the Basics

For many businesses, contracting with the U.S. government represents a significant opportunity for stable and often long-term revenue. However, doing business with the federal government comes with unique requirements,...more

Bradley Arant Boult Cummings LLP

Bid Protests in South Carolina

In South Carolina, government contracting can be a lucrative opportunity for businesses, but it comes with its share of challenges — one of which is dealing with bid protests. Whether you’re an established contractor or new...more

Cozen O'Connor

Sports Betting Companies Pay $6.5 Million for Allegedly Conspiring to Violate D.C. Laws

Cozen O'Connor on

District of Columbia AG Brian Schwalb has settled with Intralot, Inc. and Veterans Services Corporation (VSC) to resolve an investigation into allegations that the companies deceived city officials in violation of the...more

PilieroMazza PLLC

Broken Promises: The Government’s Ability to Trick Contractors and Get Away With It (Maybe)

PilieroMazza PLLC on

As the government embraced the digital age in the years after COVID-19, its need for new software and technologies skyrocketed. This rapidly expanding procurement need presents great opportunities for businesses—both small...more

PilieroMazza PLLC

Terms and Conditions vs. Contract Clauses: Which Language Applies to Government Contract Disputes?

PilieroMazza PLLC on

Determining which language applies to a contract dispute is critical to any contractor seeking to recover costs through the claims and appeals process. Recently, through a series of appeals before the Civilian Board of...more

PilieroMazza PLLC

Novation and Recertification Requirements: A Post-Closing Guide for GovCon M&A Deals

PilieroMazza PLLC on

After the sale or acquisition of a business or its assets, there are often one or more post-closing requirements that business owners must complete. In deals involving government contractors, two of these requirements are...more

PilieroMazza PLLC

Changes to Construction Prompt Payment Act: What It Means for Construction Contractors Operating in DC

PilieroMazza PLLC on

In 2023, the Private Contractor and Subcontractor Prompt Payment Act of 20131 (the Act) was amended to include additional protections for subcontractors on private projects by limiting a contractor’s setoff rights related to...more

PilieroMazza PLLC

Construction Contractor Wins COVID-Related Construction Claim on Appeal: Lessons Learned

PilieroMazza PLLC on

Since the beginning of the pandemic, boards and courts have denied a vast majority of construction claims seeking pandemic-related costs under fixed-price contracts. In this blog, PilieroMazza summarizes a recent claim where...more

Bass, Berry & Sims PLC

Joint Venture Past Performance Can Be Gleaned from Previous Prime-Sub Relationships

Bass, Berry & Sims PLC on

Over the last few years, the government has shifted away from lowest price technically acceptable valuations placing a larger importance on past performance. The past performance requirement can sometimes create obstacles for...more

PilieroMazza PLLC

SBA Proposes Revisions to Bona Fide Place of Business Requirements for 8(a) Construction Contracts

PilieroMazza PLLC on

The bona fide place of business requirement provides that for 8(a) construction contracts, the contractor must have an SBA-approved bona fide place of business in the applicable geographical area. Since August 25, 2021, and...more

PilieroMazza PLLC

BREAKING: SBA to Suspend Bona Fide Place of Business Requirements for 8(a) Construction Contracts, Effective Immediately

PilieroMazza PLLC on

Bibi Hidalgo, the Associate Administrator for SBA’s Office of Government Contracting and Business Development, just announced during her keynote address at the National 8(a) Association Alaska Regional Conference that SBA...more

PilieroMazza PLLC

The Importance of a Carefully-Drafted Work-Share Provision - Set-Aside Alert

PilieroMazza PLLC on

Subcontracts contain a number of important provisions that shape the relationship between a prime contractor and its subcontractor. However, there is one provision that overshadows the rest in terms of its significance to the...more

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