6 Effective Tactics to Help Government Contractors Overcome Unfavorable CPARS Evaluations
In federal contracting, your reputation is currency, and few tools can shape that reputation more than the Contractor Performance Assessment Reporting System (CPARS). CPARS evaluations don’t just sit in a file, they’re pulled directly into award decisions and can make or break your ability to win future work. How you respond and engage during the CPARS process can directly impact your pipeline of new business. Here are 6 effective tactics every government contractor needs to know—and should consider—when facing a . . . Read More
Keeping Your Defense Contract: Combating Recent Government Contract Cuts
The Department of Defense (DOD) cut another batch of government contracts and grants on March 20th. The DOD is just one of many executive agencies advancing the policies of President Trump and the Department of Government Efficiency (DOGE) focusing on mass cuts to contracts and grants in the name of improving government efficiency. The latest DOD cuts come a day after the deadline for DOD heads to conduct a comprehensive review and validation of existing General Services Administration (GSA) contract . . . Read More
OHA Confirms: SBA Must Consider Operating Agreements in Joint Venture Size Determinations
A recent Small Business Administration (SBA) Office of Hearings and Appeals (OHA) decision in the Size Appeal of DecisionPoint-Agile Defense JV, LLC , SIZ-6336 (Feb. 12, 2025) highlights the critical role of a thorough SBA review in small business size determinations. OHA overturned an adverse size determination after finding the SBA Area Office improperly refused to consider the mentor protégé joint venture’s (JV) operating agreement (OA) simply because it was not expressly incorporated into the joint venture agreement (JVA). This decision reinforces that a well-drafted operating agreement . . . Read More
SBA’s 180-Day Recertification Rule: Clarifying the Meaning of “Offer” in Size Determinations
In a recent decision by the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA), the Size Appeal of Secise, LLC, SBA No. SIZ-6337 (Feb. 19, 2025) clarified an important exception to the general rule for determining a firm’s size status. The ruling addressed the meaning of “offer” under the SBA’s 180-day rule, a key factor in determining whether a firm remains eligible for a small business set-aside contract following a merger, sale, or acquisition. The Case at a Glance Under SBA regulations, a firm’s size is generally determined . . . Read More
Managing Litigation Risk During the Business Lifecycle, Part 1: Entity Formation and Organization
Starting and operating a business—whether a small business, startup, or government contractor—involves a myriad of risks, many of which can lead to costly and potentially damaging litigation. While these risks evolve over the life of a company, early-stage businesses, especially those in the process of entity formation and drafting corporate governance documents, are particularly vulnerable. In this first part of PilieroMazza’s blog series, “Managing Litigation Risk During the Business Lifecycle,” we explore how understanding these risks and taking proactive steps . . . Read More
CPARS Ratings: Subjective or Objective? ASBCA Weighs In
For government contractors, a Contractor Performance Assessment Reporting System (CPARS) rating can make or break future opportunities. But how objective are these ratings? A recent ruling [1] by the Armed Services Board of Contract Appeals (Board) sheds light on a crucial reality—CPARS ratings are not purely fact-based assessments; they’re the government’s opinion on contractor performance. The Case: A Battle Over CPARS Ratings St. Michael’s Inc. (SMI) challenged three CPARS ratings issued by the Defense Logistics Agency (DLA), arguing that the ratings . . . Read More
No More Free Passes? New Order Forces Plaintiffs to Pay for Injunctions Against the Federal Government
In a bold move to curb the growing number of lawsuits halting the implementation of recent executive policies, the Trump administration issued an executive order , “Ensuring the Enforcement of Federal Rule of Civil Procedure 65(c),” aimed at making it more difficult for plaintiffs to obtain injunctions against the federal government. This order seeks to enforce a rule requiring plaintiffs to post a security equal to the government’s potential costs and damages if an injunction is later found to be unjustified. It . . . Read More
OCI Mitigation Plans: Proposed Rule Emphasizes Compliance and Increased Enforcement
PilieroMazza recently published a client alert regarding a Proposed Rule on Organizational Conflicts of Interest (OCI). On January 15, 2025, DoD, GSA, and NASA (collectively, the Government) issued a Proposed Rule (Proposed Rule) that significantly alters OCI are managed in federal contracting. One of the key changes of the Proposed Rule that should be highlighted is the incorporation of mitigation plans into the awarded contract. The Proposed Rule impacts offerors by enacting more stringent compliance requirements, and by incorporating the mitigation plan into the contract . . . Read More
10 FAQs: Navigating Legal Challenges for Government Contractors Impacted by President Trump’s Recent Executive Orders
Government contractors are facing a host of legal and compliance challenges following President Trump’s recent executive orders. These orders have prompted government-wide contract reviews, funding issues, increased scrutiny on foreign assistance agreements, and the mass issuance of stop work orders and terminations for convenience. If you are a government contractor, here are some key questions you should be asking to ensure your business is protected. If any of these FAQs apply to your business, consulting legal counsel promptly can help . . . Read More
Guilty Until Proven Innocent: Key Takeaways from the Recent Final Rule on the FAR’s Suspension and Debarment Procedures
In a recent Final Rule (Rule) made effective January 17, 2025, the Federal Acquisition Regulation’s (FAR) suspension and debarment procedures were revised to be more consistent with the procedures in 2 CFR part 180 applicable to nonprocurement transactions such as grants, cooperative agreements, and loans. Below is background on the FAR’s suspension and debarment procedures and key takeaways from the Rule. Background Federal contracts may only be awarded to “responsible prospective contractors.” In other words, contractors must be presently responsible to do . . . Read More