GAO Holds Solicitation Requirement Violates SBA’s Regulations Regarding Small Business Mentor-Protégé Joint Ventures
In a recent decision , the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation, as the solicitation impermissibly required that a protégé and mentor in a joint venture have the same level of experience as other offerors. This is an important decision for companies that are parties to a joint venture, and a reminder to carefully review a solicitation’s requirements before submitting a proposal. As relevant background, the Small Business Administration (SBA) revised its regulations in November . . . Read More
10 Questions to Ask for a Successful Government Contractor Change of Name Submission
Government contractor name changes, whether through a standard name change or through a restructuring, present unique regulatory hurdles. One such challenge is the preparation, submission, and execution of a change of name package with the U.S. government. While the change of name package itself is a hurdle, there are additional factors that impact its success. Below are ten questions government contractors should ask, which can make the difference between a successful or unsuccessful change of name. Change of Name Package Documentation . . . Read More
SBA Pivots to Say HUBZone Firms in Redesignated QDA Cannot Maintain 10-Year Principal Office Eligibility Through Long-Term Investment
In January, we issued a client alert discussing how HUBZone firms in redesignated areas could plan to maintain their HUBZone status after the end of 2021. One of the primary strategies we discussed in the client alert was based on Small Business Administration (SBA) guidance about long-term investments in qualified disaster areas (QDAs). At the time, based on SBA guidance, we understood that HUBZone firms located in redesignated areas could qualify their current HUBZone principal office location as HUBZone eligible for at . . . Read More
HHS Issues Proposed Regulations Governing Buy Indian Act Procurement Procedures
Late last year, the Indian Health Service (IHS) of the Department of Health and Human Services (HHS) issued proposed regulations that would, if made final, govern IHS’s use of set-asides under the Buy Indian Act (Act). IHS’s current regulations give little guidance on how set-asides under the Act should be made. If the proposed regulations go into effect, officials at IHS will have a better roadmap for setting aside procurements under the Act. Below are key eligibility and procedural updates . . . Read More
PilieroMazza Celebrates Women’s History Month
PilieroMazza celebrates Women’s History Month and throughout the year, we recognize the ongoing achievements and contributions of the women within the Firm—including our Founding Partner Pam Mazza —who set the foundation for the successful firm we are today and who are leading us into the future. #WomensHistoryMonth
PPP Eligibility Increases Under American Rescue Plan Act, but Deadline to Apply Remains March 31
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (Act). The Act allotted an additional $7.25 billion in Paycheck Protection Program (PPP) funding for small businesses. Moreover, nonprofit entities and digital media companies are now allowed to receive funding. Below are key PPP eligibility updates made under the Act and details on the borrower application deadline. Under the Act, eligible nonprofits now include those employing 500 or fewer employees per physical location (300 or fewer . . . Read More
COVID-Related Construction Claims: 4 Key Strategies for Recovery
The construction industry has seen increased costs and contract performance concerns resulting from the impacts of COVID-19. For construction firms contracting with the government, it is critical to understand how to position the firm to recover increased costs. Following are four key recovery strategies to better prepare you before filing a claim or request for equitable adjustment (REA). 1. Understand How Contract Provisions Help Carefully examine the contract to identify provisions that may excuse delays or provide for recovery in . . . Read More
Government Purpose Rights in Technical Data and Software Developed with DOD Funding
When you develop technical data or software, in whole or in part, with government funding, it is important to know the scope of data rights that the government will obtain at the outset, both with respect to components that were developed solely at private expense and those that were developed with government funding. However, because technical data and software are often developed with multiple funding sources and are continually updated and improved, it can be difficult to determine these data . . . Read More
SBA Takes Steps to Address PPP Validation Error Problems
On February 10, 2021, the Small Business Administration (SBA) announced new policy changes to the Paycheck Protection Program (PPP) meant to address an ongoing issue loan applicants face regarding validation error codes. These error codes serve as validation checks to combat fraud and prevent improper loans from being issued to ineligible businesses. However, many eligible businesses have received such error codes during the application and forgiveness process, delaying necessary economic relief. SBA’s new changes grant additional authorities to lenders for borrowers . . . Read More
The First 100 Days: President Biden’s Buy American Executive Order, What Government Contractors Need to Know
President Biden signed an executive order (EO) on January 25, 2021, titled “Ensuring the Future Is Made in All of America by All of America’s Workers.” Referring broadly to all statutes, regulations, rules, and executive orders that relate to Buy America, Buy American, or domestic sourcing requirements as “Made in America Laws,” the EO expresses the new administration’s policy that the U.S. government should maximize the use of domestic products and services and “should, whenever possible, procure goods, products, materials, and services . . . Read More