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Wiley Rein LLP

SBA Proposes Significant Changes to Multiple Programs and Policies

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WHAT: The U.S. Small Business Administration (SBA) issued a proposed rule that’s directed principally at amending its regulations governing the Historically Underutilized Business Zone (HUBZone) program, but also proposes...more

PilieroMazza PLLC

When a Protégé Rebels Against Its Mentor: The Price Contractors Pay for Not Knowing Fiduciary Duties

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What happens when a protégé rebels against its mentor? In a recent decision from the Eleventh Circuit, Yorktown Sys. Grp. Inc., v. Threat Tec LLC, the court had to deal with such a question after Threat Tec, the protégé and...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – July 2024 #2

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Small Business Administration (SBA) Notification: 7(a) Working Capital Pilot Program - On July 15, SBA published a notification of the pilot program and requested comments to provide SBA 7(a) guaranteed lines of credit up...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – July 2024

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Department of Defense (DOD) Final Rule: Defense Federal Acquisition Regulation Supplement (DFARS), Architect and Engineering Service Fees - On June 27, DOD published a final rule updating the DFARS increasing the fee limit...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – June 2024 #3

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Broken Promises: The Government’s Ability to Trick Contractors and Get Away With It (Maybe) As the government embraced the digital age in the years after COVID-19, its need for new software and technologies skyrocketed....more

PilieroMazza PLLC

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

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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

Weekly Update for Government Contractors and Commercial Businesses – June 2024 #2

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Small Business Administration (SBA) Direct Final Rule: Eliminating Self-Certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) - On June 6, SBA published a direct final rule amending its SDVOSB...more

PilieroMazza PLLC

Preparing for Major Changes to DOT’s Disadvantaged Business Enterprise DBE Program

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The Department of Transportation (DOT) recently published a final rule making significant changes to the agency’s Disadvantaged Business Enterprise (DBE) Program which take effect on May 9. The rule aims to improve the...more

PilieroMazza PLLC

Impact of 11th Circuit’s Sovereign Immunity Waiver Decision on Tribally-Owned Businesses in SBA’s 8(a) Program

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On May 1, 2024, the U.S. Court of Appeals for the Eleventh Circuit issued a sweeping decision impacting sovereign immunity for tribally-owned government contractors. The first-of-its-kind appellate decision concludes that by...more

PilieroMazza PLLC

Is It Time for Regulations on GSA’s Contractor Teaming Arrangements?

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In the late 1990s, the General Services Administration (GSA) created the concept of Contractor Teaming Arrangements (CTAs). Unlike the contractor teaming arrangements described under FAR 9.601, which simply describe a joint...more

PilieroMazza PLLC

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

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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

Holland & Knight LLP

Small Business Subcontracting Plans: Do Lessors Need Them, and What Do They Do?

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First-time landlords to the government are often overwhelmed by the number of Federal Acquisition Regulation (FAR) and General Services Acquisition Regulation (GSAR) clauses included in government leases. The compliance...more

PilieroMazza PLLC

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

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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

Woods Rogers

Defense Department’s Proposed CMMC Rule Will Impose New Cybersecurity Requirements on Contractors

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The U.S. Department of Defense (DoD) released a proposed rule to implement its Cybersecurity Maturity Model Certification (CMMC) program, which would establish a comprehensive set of cybersecurity requirements applicable to...more

PilieroMazza PLLC

Focus on SBA’s SBIC Program, Part 3: Demystifying the Intricacies of the SBIC Application Process

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The Small Business Investment Company (SBIC) program is emerging as a powerful financial tool for small business government contractors seeking a transformative approach to financing and growth. This third blog in the series...more

Schwabe, Williamson & Wyatt PC

Year-End Legal Overview for Small Business Contractors

As we come to the end of 2023, I wanted to take the opportunity to summarize the status of the various legal challenges on issues that are relevant to small business contractors. Ultima Services Corp. v. U.S. Dept. of...more

PilieroMazza PLLC

Protecting Our Nation’s Data, Part 2: Implementing Cyber Threat Incident Reporting and Information Sharing

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In October 2023, the federal government released a  Proposed Rule aimed at incorporating new cybersecurity reporting requirements into the Federal Acquisition Regulation (FAR). In this second installment of PilieroMazza’s...more

PilieroMazza PLLC

SBA and ISOO Issue Guidance on Facility Security Clearances for Joint Ventures

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On October 5, 2023, the Information Security Oversight Office (ISOO) and the Small Business Administration (SBA) released a Joint Notice that provides guidance on the facility security clearance (FCL) requirements for joint...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – October 2023 #3

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Department of Defense (DOD) Notice and Request for Comments: Negotiation of a Reciprocal Defense Procurement (RDP) Agreement with the Republic of India - On October 10, 2023, DOD issued a notice that, on behalf of the...more

Morrison & Foerster LLP - Government...

SBA Updates Its Regulations On Lower-Tier Small Business Subcontracting Credit

The Small Business Administration (SBA) has issued a final rule amending its regulation on lower-tier small business subcontracting credit to account for statutory changes introduced in the National Defense Authorization Act...more

PilieroMazza PLLC

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

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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

Your Turn: New Rule Allows Government Contractors to Rate the Government

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Contractors get feedback from the government all the time. It’s a much rarer occasion when contractors are afforded the opportunity to give the government feedback. The Federal Acquisition Regulation Council (FAR Council) is...more

Morrison & Foerster LLP - Government...

Subcontracting To A Mentor-Protégé Joint Venture: Changes To How Small Business Subcontracting Goals Are Calculated

Recent changes to the U.S. Small Business Administration (SBA) regulations affect how large businesses can take small business credit for subcontracting to their own mentor-protégé joint ventures (MPJVs). SBA’s final rule...more

PilieroMazza PLLC

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

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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

PilieroMazza PLLC

8(a) Construction Contractors Get More Time to Meet SBA’s Bona Fide Office Requirement

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On August 21, 2023, Small Business Administration (SBA) Administrator Isabella Casillas Guzman announced the extension of the 8(a) Business Development Bona Fide Place of Business (BFPOB) Requirement Moratorium from September...more

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