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
FCA Settlement Highlights Importance of Accurate Small Business Certifications in Government Contracting
The Department of Justice (DOJ) recently announced a $949,696.90 False Claims Act (FCA) settlement with GS Foods Group Inc. (GS Foods) for improperly bidding on contracts reserved for small businesses despite not qualifying as a small business. The DOJ settlement underscores the critical need for accurate small business representations and certifications in government contracting. Visit this link to register for our webinar, “PilieroMazza Annual Review: What DOJ’s 2024 FCA Report Means for Government Contractors” and check out our podcast Ex Rel. Radio . Briefly, the . . . Read More
PilieroMazza Annual Review: What DOJ’s 2024 FCA Report Means for Government Contractors
On January 15, 2025, the Department of Justice (DOJ) released its annual fraud statistics report ( Annual Report ) detailing settlements and judgments obtained under the False Claims Act (FCA) and other fraud matters during Fiscal Year 2024 (FY 2024), which ended September 30, 2024. During FY 2024, the government recovered $2,920,738,612, a 4.8% increase compared to FY 2023. 2024 also saw a landmark ruling from a federal trial court that the qui tam provisions of the FCA are unconstitutional. Below are key . . . Read More
FY2025 NDAA: Significant Impacts on Small and Large Defense Contractors
The Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (FY2025 NDAA), signed into law on December 23, 2024, has significant implications for defense acquisition and contracting. Each year, PilieroMazza highlights key changes that impact small and large defense contractors when considering opportunities and complying with current law. Background Congress introduces legislation every year to authorize funding for the Department of Defense (DOD) and sets the policy landscape for the next fiscal year for defense contracting, acquisition, and procurement. In 2024, PilieroMazza reviewed the noteworthy provisions in the FY2024 NDAA , which included a prohibition on executive agencies . . . Read More
But My Affiliates ARE Me! GAO Rules Agencies May Limit Use of Affiliate Experience and Past Performance
On November 15, 2024, the Government Accountability Office (GAO) denied a protest where a mentor-protégé joint venture offeror attempted to use the past experience of a wholly owned subsidiary of the protégé member to satisfy a solicitation requirement. The requirement specified that joint ventures must submit a relevant qualifying project from either the protégé or the mentor-protégé joint venture itself. The AtVentures, LLC [1] protest reminds us to pay close attention to solicitation requirements and offers a different perspective when considering . . . Read More
FY25 NDAA Update: Potential Costly Changes Ahead for Bid Protests
The Senate approved the Fiscal Year 2025 National Defense Authorization Act (FY25 NDAA) on December 18, 2024. The bill is now on its way to the President’s desk for signature. Of particular note to federal defense contractors is Section 885, “Proposal for Payment of Costs for Certain Government Accountability Office Bid Protests.” Section 885 raises the task and delivery order bid protest jurisdictional threshold under 10 U.S.C. § 3406(f)(1)(B) from $25 Million to $35 Million for DOD orders. Additionally, Section . . . Read More
CBCA Releases Its 2024 Annual Report: Key Insights for Government Contractors
The Civilian Board of Contract Appeals (CBCA) recently released its 2024 Annual Report (the Report), providing updates on personnel, decision statistics, and other important developments. The CBCA’s role in resolving disputes between government contractors and federal agencies makes the Report a valuable resource when developing strategies for filing or defending a CBCA case. In this blog, attorneys in PilieroMazza’ s REAs, Claims, and Appeals Group offer key insights from the Report that could affect how contractors submit or respond to a CBCA case. New Online Filing System CBCA will . . . Read More
OHA Confirms Key Affiliation Protections for Tribal Businesses
On November 15, 2024, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) affirmed the Area Office’s finding that a tribal-owned company was small due to the affiliation exceptions for tribal-owned entities [1] (the Tribal Affiliation Exception). However, the case was remanded back to the Area Office for a failure to investigate whether the tribal-owned company violated the ostensible subcontractor rule, which is not fully protected by the Tribal Affiliation Exceptions. Tribal entities and their partners should pay close . . . 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
Corporate Transparency Act, Part 4: Reporting Requirements Temporarily Suspended
As you may have been following, PilieroMazza previously reported on the requirements of the Corporate Transparency Act (CTA) and the reporting requirements that are associated therewith ( Part 1 , Part 2 , and Part 3 ). On December 3, 2024, in the case of Texas Top Cop Shop, Inc. et al. v. Garland et al., the U.S. District Court for the Eastern District of Texas issued a preliminary injunction against the enforcement of the CTA that applies nationwide. In its ruling, the court found that the “CTA is . . . Read More