News & Analysis as of

Small Business Prime Contractor Federal Contractors

Fox Rothschild LLP

SBA Will Eliminate SDVOSB Self-Certification October 1

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The Small Business Administration (SBA) will eliminate self-certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) starting October 1, 2024. The SBA confirmed on August 1, 2024, that it would go forward...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

Troutman Pepper Locke

The NDAA 2024: Is This the Beginning of the End for Self-Certification in SBA Set-aside Procurements?

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On December 22, 2023, the National Defense Authorization Act for Fiscal Year 2024, Pub. L. No. 118-31, 137 Stat. 136 (2023) (NDAA 2024) went into effect. Among other things, NDAA 2024 includes a provision phasing out...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

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

Wiley Rein LLP

GSA Releases Final RFPs for $60B OASIS+ Program

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On June 15, 2023, the U.S. General Services Administration (GSA) released final solicitations for the six groups of One Acquisition Solution for Integrated Services Plus (OASIS+) contracts for complex professional and...more

McCarter & English Blog: Government Contracts...

Small Business Contractors Rejoice or Repent: Final SBA Rule Adds Teeth to 13 CFR 125.6 Subcontracting Limitations

On April 27, 2023, the Small Business Administration (SBA) issued a final rule, finalizing a September 9, 2022 proposed rule, and making a myriad of changes to the Small Business Regulations. Those changes are effective at...more

PilieroMazza PLLC

[Webinar] Partnering to Win: Teaming, Subcontracting, Joint Ventures, and Mentor-Protégé Agreements - May 23rd, 2:00 pm - 3:00 pm...

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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

Bass, Berry & Sims PLC

SBA Proposed Rule Permits Prime Contractors to Receive Subcontracting Credit from Any Tier

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

Bass, Berry & Sims PLC

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

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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

Fox Rothschild LLP

SBA OHA Rejects Unique Ostensible Subcontractor Affiliation Defense

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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

Schwabe, Williamson & Wyatt PC

SBA Proposed Rule Would Permit Contractors to Receive Subcontracting Credit at Any Tier

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

Bass, Berry & Sims PLC

Proposed Rule for DBE Program Comes as Infrastructure Money Begins to Flow

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The Infrastructure Investment and Jobs Act (IIJA) is a historic investment in our nation’s roads, bridges, railways, airports and transportation systems. The bill appropriates $550 billion to physical infrastructure projects,...more

Sheppard Mullin Richter & Hampton LLP

SBA Annual Scorecard Shows Federal Government Continues to Prioritize Small Business Contracting

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

PilieroMazza PLLC

[Webinar] Update on DOT’s DBE Program for Construction Contractors - October 19th, 2:00 pm - 3:00 pm ET

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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

PilieroMazza PLLC

New SBA Rule Enhances Past Performance Opportunities for Small Businesses

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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

Schwabe, Williamson & Wyatt PC

New Small Business Tools from the National Defense Authorization Act

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

Blank Rome LLP

New SBA Rule on Small Business Past Performance Also Has Implications for Large Businesses

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The U.S. Small Business Administration (“SBA”) recently issued a final rule that creates new opportunities for small businesses to submit relevant past performance, and new requirements for large/other than small prime...more

Morrison & Foerster LLP - Government...

New Small Business Regulation: Reliance On Past Performance Gained As A Subcontractor Or Joint Venture Member

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

PilieroMazza PLLC

House Passes Bill Increasing Importance of Subcontracting Plan Performance as an Evaluation Factor

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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

PilieroMazza PLLC

SBA Extends Bona Fide Place of Business Moratorium

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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

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses– June 2022

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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

PilieroMazza PLLC

SBA Increases Its Size Standards, Opening More Opportunities for Winning Government Contracts

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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

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