Flow-Down Clauses in Federal Government Contracts - Tutorial 1 (Fundamentals)
Joint Venture Basics for Large and Small Contractors
Government Contractors: Preparing for OFCCP’s Affirmative Action Program Compliance Certification
Construction Webinar Series: Building Compliance: Construction Industry Concerns Under FCA
The Benefits of Commercial Item Contracting
Nonpayment of Subcontractors: Can Subcontractors Get Any Help From the Government?
Negotiating Subcontracts From Both Sides
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
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
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
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
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
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
In a previous post, we mentioned the April 27, 2023 Small Business Administration (SBA) Final Rule, which made a number of revisions to the Small Business Regulations. A few of those revisions relate to the Ostensible...more
On April 27th, the U.S. Small Business Administration (SBA) published a final rule making changes to the regulations governing its 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the SBA...more
The final rule is currently scheduled to go into effect on May 27, 2023 On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program....more
The unique regulatory landscape of government contracting makes it difficult for new or commercial businesses to enter the space and win prime contracts. Fortunately, the government has created several programs to assist...more
On December 19, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule that would amend the SBA regulations to implement Section 870 of the National Defense Authorization Act (NDAA) of 2020. Section 870...more
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
Small business government contractors are (or should be) aware of the SBA’s affiliation rules. In a nutshell, the rules set the standard for whether/when another business controls – or has the ability to control – the small...more
On December 19, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule that, if enacted, will permit prime contractors to receive small-business subcontracting credit for subcontracts at any tier. The...more
The U.S. Small Business Administration (“SBA”) recently released its annual Procurement Scorecard, demonstrating the federal government’s continued prioritization of small business contracting and subcontracting. In 2021, the...more
With both the Infrastructure Act and the Inflation Reduction Act bringing billions of dollars in new funding to state and local infrastructure projects, the contracting community is focusing its attention on DOT’s...more
On August 22, 2022, the U.S. Small Business Administration (SBA) will implement a final rule that provides two new methods by which small businesses can obtain past performance credit when competing for federal prime...more
New Past Performance Regulations from the SBA: Section 868 of the National Defense Authorization Act for Fiscal Year 2021, Public Law 116–283, required the Small Business Administration (the SBA) to develop regulations that...more
The U.S. Small Business Administration (SBA) recently promulgated a final rule addressing past performance ratings for small business joint venture members and small business first-tier subcontractors. The rule, which will go...more
A newly published Small Business Administration Final Rule provides small businesses with two new ways to satisfy Past Performance requirements when competing for federal prime contracts. The Rule takes effect on August 22,...more
On June 8, 2022, the U.S. House of Representatives passed a bill, referred to as H.R. 7694, “Strengthening Subcontracting for Small Businesses Act of 2022” (the Bill). The Bill seeks to amend the Small Business Act by...more
Last August, PilieroMazza reported that Bibi Hidalgo, the Associate Administrator for SBA’s Office of Government Contracting and Business Development, announced that SBA will be suspending the bona fide place of business...more
Small Business Set Asides Now Allowed Outside the U.S.: What You Need to Know - Effective May 26, 2022, the Federal Acquisition Regulation (FAR) gives contracting officers the discretion to apply the Small Business...more
The long-awaited increase to size standards by the Small Business Administration (SBA) has arrived. On March 31, 2022, SBA issued four final rules that increase the small business size standards for a number of industries. As...more
For small businesses, navigating the recertification rules promulgated by the Small Business Administration (SBA) is no easy task. SBA rules generally provide that the size of a concern is determined at the date of its...more