News & Analysis as of September 27, 2024

Government Accountability Office

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The Small Business Administration is a United States federal agency established in 1953 by the Small Business Act. The SBA is dedicated to assisting and supporting small business and entreprenuers. The SBA carries out its mission through a variety of programs including providing financial and federal contract procurement assistance, management assistance, and specialized outreach to women, minorities and armed forces veterans. less -

SBA Proposes Significant Changes to Size Recertification Rules

Venable LLP on 9/17/2024

The Small Business Administration (SBA) has released a proposed rule that would significantly alter a number of SBA small business program regulations, including those governing size recertifications. ...more

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

PilieroMazza PLLC on 9/12/2024

Department of Defense (DOD) Proposed Rule: Transactions Other Than Contracts, Grants, or Cooperative Agreements for Prototype Projects - On September 4, DOD published a proposed rule and request for comments regarding...more

The Company You Keep: FCA Investigations of 8(a) Program Contractors

Womble Bond Dickinson on 8/12/2024

Federal government contracts are routinely awarded to companies supplying goods and services to U.S. government agencies. According to the Government Accountability Office, in 2023, the federal government committed about $759...more

GAO Decision Highlights Agency’s Evaluation of Mentor-Protégé Joint Venture, But Could Unintentionally Lead Industry Astray on...

Maynard Nexsen on 7/22/2024

A recent Government Accountability Office (“GAO”) decision highlights the Small Business Administration’s (“SBA”) regulations relating to agency evaluations of a mentor-protégé joint venture’s past performance and experience,...more

Weekly Update for Government Contractors and Commercial Businesses – May 2024 #5

PilieroMazza PLLC on 5/31/2024

7(a) Loan Approval for Borrowers with Unresolved COVID-19 Pandemic Loan Compliance Issues: On May 21, SBA’s OIG issued an inspection report assessing SBA’s 7(a) loan approval process for borrowers with unresolved pandemic...more

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

PilieroMazza PLLC on 4/30/2024

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

Weekly Update for Government Contractors and Commercial Businesses – April 2024 #4

PilieroMazza PLLC on 4/26/2024

Federal Acquisition Regulation (FAR) Council Final Rule: Sustainable Procurement - On April 22, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a...more

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

PilieroMazza PLLC on 4/12/2024

Federal Acquisition Regulation (FAR) Council Notice: FAR Part 40, Information Security and Supply Chain Security, Request for Information (RFI) - On April 10, the General Services Administration, Department of Defense,...more

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

PilieroMazza PLLC on 3/15/2024

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 conducts a procurement....more

Rule of Two Changes: OMB Memo Aims to Make Rule of Two Apply to Task and Delivery Orders and SBA’s Proposed Rules, Coming Soon,...

PilieroMazza PLLC on 2/12/2024

On January 25, 2024, the White House Office of Management and Budget issued a memo, Increasing Small Business Participation on Multiple-Award Contracts, calling for executive agencies to apply the FAR’s Rule of Two to task...more

OMB Says Agencies “Should” Perform A Rule Of Two Analysis And Set Aside Requirements For Task Orders Under Multiple-Award...

Morrison & Foerster LLP - Government... on 2/8/2024

The U.S. Office of Management and Budget (OMB) has issued a policy memorandum with a goal of promoting small business participation under multiple-award indefinite delivery/indefinite quantity contracts (MACs). One of the...more

It’s No Big Deal: How a Non-Small Business Won a Small Business Set-Aside Contract

Cohen Seglias Pallas Greenhall & Furman PC on 1/29/2024

In Steiner Construction Co., Inc., the Government Accountability Office (GAO) upheld the U.S. Coast Guard’s (USCG) award of a $1.19 billion small business set-aside shipbuilding contract to a business concern that was later...more

GAO Finds Company's BPA Bid Remains Eligible For Award Despite A Transaction, Recertification, And Change In Size Status In...

Morrison & Foerster LLP - Government... on 1/9/2024

Small business regulations create one of the stickier wickets in bid protest litigation. Although the Small Business Administration (SBA) has exclusive authority to determine a company’s size and socioeconomic status, the...more

Recent GAO Decision on ‘180-Day Rule’ Underscores Complexity of Regulation

Miles & Stockbridge P.C. on 1/4/2024

Any acquisition involving a small business government contractor comes with a host of questions concerning what effect, if any, the transaction may have on the small business’s size and status post-closing. ...more

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

PilieroMazza PLLC on 12/22/2023

H.R. 357, Ensuring Accountability in Agency Rulemaking Act, Passed House - On December 12, the House passed legislation requiring the vast majority of rules issued by federal agencies to be signed and issued by a...more

Weekly Update for Government Contractors and Commercial Businesses – December 2023

PilieroMazza PLLC on 12/8/2023

White House Announces New Actions to Support Small Business: ‘Shop Small Today,’ The Hill - On November 25, the Biden administration unveiled new actions intended to increase support for small businesses. In a post on X,...more

Weekly Update for Government Contractors and Commercial Businesses – November 2023 #4

PilieroMazza PLLC on 12/1/2023

Small Business Administration (SBA) Press Release: SBA Announces Biden-Harris Administration’s Progress in Small Business Lending with End-of-Year Capital Program Numbers - On November 21, Small Business Administrator...more

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

PilieroMazza PLLC on 11/27/2023

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 laws and regulations to...more

New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint Ventures

Bass, Berry & Sims PLC on 11/20/2023

On October 5, the Information Security Oversight Office (ISOO) issued a joint notice (Joint Notice) with the Small Business Association (SBA) and in coordination with the Department of Defense (DOD) clarifying that the...more

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

PilieroMazza PLLC on 10/24/2023

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

SBA Begins Review of Personal Social Disadvantage Narratives

Holland & Knight LLP on 8/30/2023

The 8(a) Program is in a state of uncertainty as the U.S. Small Business Administration (SBA) requires participants who relied on the presumption of social disadvantage to enter the program to obtain SBA approval of personal...more

Weekly Update for Government Contractors and Commercial Businesses – August 2023 #4

PilieroMazza PLLC on 8/25/2023

SBA to Require Individually-Owned 8(a) Firms to Support Social Disadvantage Prior to 8(a) Award Approval - As PilieroMazza recently reported, on July 19, 2023, the U.S. District Court for the Eastern District of Tennessee...more

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

PilieroMazza PLLC on 7/27/2023

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 decision where...more

Weekly Update for Government Contractors and Commercial Businesses – May 2023 #4

PilieroMazza PLLC on 5/25/2023

GOVERNMENT CONTRACTS - GAO Confirms Agency Must Consider Experience of Each Partner in a Small Business Joint Venture - Earlier this year, the Government Accountability Office (GAO)—in AttainX, Inc., B-421216,...more

GAO Confirms Agency Must Consider Experience of Each Partner in a Small Business Joint Venture

PilieroMazza PLLC on 5/18/2023

Earlier this year, the Government Accountability Office (GAO)—in AttainX, Inc., B-421216, B-421216.2 (Feb. 9, 2023)—clarified that in evaluating the experience of a mentor-protégé joint venture (JV) for a small business...more

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