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
Proposed Rule on Organizational Conflicts of Interest Signals Significant Changes for Contractors
Organizational conflicts of interest (OCIs) should be front of mind for any federal government contractor. The mere presence of an OCI may cause contractors to reconsider which contracting opportunities to pursue, reshape teaming and subcontracting arrangements, and revise mitigation policies, procedures, and plans in ways that impact company-wide systems and processes. Most significantly, an OCI may be enough for the government to strip a contractor of an award it just won. Recently, the government published a proposed rule ( Proposed Rule ), . . . Read More
SAM Registration Rules May Ease: Lapses OK!
In 2023, PilieroMazza reported on Myriddian, LLC v. U.S. [1] where the Court of Federal Claims interpreted Federal Acquisition Regulation (FAR) Clause 52.204-7 to require that offerors maintain an active SAM (System for Award Management) registration continuously from offer submission to contract award. The Department of Defense, General Services Administration, and the National Aeronautics and Space Administration have issued an interim rule allowing contractors minor lapses in SAM registrations without risking their ability to secure contract awards. The Interim Rule The interim . . . Read More
Trump 2.0: Implications for Federal Spending and the Workforce
The election of former President Trump has the potential to significantly change the federal procurement landscape. As with his first term, President-elect Trump will prioritize government efficiency, including plans to reduce the federal workforce and certain spending. Government contractors could see (1) reductions in the federal workforce; (2) disruptions in the procurement process, resulting in slower procurements; (3) increased reliance on Governmentwide Acquisition Contracts (GWACs), which may lead to fewer opportunities for small business set-asides; and (4) contracts in certain . . . Read More
Corporate Transparency Act, Part 3: Filing Extensions for Businesses Affected by 2024 Hurricanes
The Financial Crimes Enforcement Network (FinCEN) announced a significant relief measure under the Corporate Transparency Act (CTA) for businesses affected by five hurricanes impacting the U.S. in 2024. Hurricane relief extends the deadline for submitting a Beneficial Ownership Information Report (BOIR) by six months for companies that meet specific criteria. Please visit this link for Part 1 and this link for Part 2 in this series. Which Companies Qualify for the Extension? To qualify for this extension, a reporting company must meet two . . . Read More
Trump Administration’s Proposed Tariffs: How Can Government Contractors Prepare?
While on the campaign trail, President-elect Trump spoke of implementing tariffs. How will government contractors be affected if the upcoming Trump administration enacts its proposed tariffs in 2025? Contractors offering goods to the government should (1) be alert to the possibility that proposed tariffs could increase their cost of performance, (2) factor increased cost and performance risks into their bids and proposals, and (3) ensure appropriate communications with subcontractors to lock-in particular quotes and scheduling to the extent necessary. Most . . . Read More
SBA’s Proposed Changes to “Rule of Two” Increases Award Opportunities for Small Business Government Contractors. . .Maybe
On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to implement recommendations from the Office of Federal Procurement Policy’s memorandum “Increasing Small Business Participation on Multiple-Award Contracts” from earlier this year. The SBA hopes to increase small business participation on multiple award contracts (MAC) through the application of the Rule of Two to MAC task and delivery orders. However, by declining to follow the Court of Federal Claims’ (COFC) decision in Tolliver Group, the SBA created a . . . Read More
Overcoming the Sovereign Acts Doctrine: Contractor Recovers Costs Related to COVID-19 Quarantine
As we know, in the almost five years since the COVID-19 pandemic began, courts have been reluctant to award costs to contractors affected by COVID-19, government-imposed safety regulations. However, in Chugach Federal Solutions, Inc. [1] , the Armed Services Board of Contract Appeals (ASBCA) sustained an appeal, granting costs related to the quarantine of personnel resulting from the pandemic since the U.S. Air Force assumed responsibility for such costs under a health and safety contract clause. For government contractors filing COVID-related . . . Read More