Lapse in SAM Registration Disqualifies Government Contractor from Contract Award
The Court of Federal Claims (COFC) recently interpreted FAR Clause 52.204-7, which requires offerors to register in the System for Award Management (SAM), to indicate that even a slight lapse in a contractor’s SAM registration status could disqualify them from potential award. The Case Before the Court COFC recently granted a preliminary injunction in Myriddian, LLC v. U.S. , No. 23-443 (Fed. Cl. May 23, 2023) staying performance of a contract solicited by the Department of Health and Human Services (HHS) to provide methodologies . . . Read More
Get Ready! Enhanced Cybersecurity Standards for Federal Contractors Coming Soon
For years, the federal contracting community has closely monitored the oft-delayed Department of Defense’s (DOD) Cybersecurity Maturity Model Certification (CMMC) program—now on iteration 2.0—as the forefront of cybersecurity obligations. That focus may soon be expanding. Contractors outside of DOD’s orbit may soon be subject to similar requirements. Civilian agency contractors should start preparing now for an enhanced cybersecurity proposed rule to prevent gaps or issues when the regulation goes into effect—not to mention it just being good business to have . . . Read More
GAO Sustains Protest Finding Agency’s Failure to Engage in Meaningful Discussions Was Not Cured During Re-Evaluation
The Government Accountability Office (GAO) recently sustained a protest in Life Science Logistics, LLC , B-421018.2, .3 (April 19, 2023), finding that an agency’s discussions were not meaningful where they did not disclose flaws that were present in the protestor’s initial proposal, but which were not identified by the agency until it re-evaluated the proposal during corrective action. Below, PilieroMazza reviews this case and highlights key actions an agency is required to take to give government contractors similar opportunities to revise their proposals. The . . . Read More
DOD Issues Final Rule Updating Supplier Performance Risk System (SPRS) Assessment Procedures for Federal Contractors
Effective March 22, 2023, the Department of Defense (DOD) issued a final rule (Final Rule) amending the Defense Federal Acquisition Regulation Supplement (DFARS) requiring Contracting Officers (COs) to use Supplier Performance Risk System (SPRS) assessments when evaluating proposals and considering a contractor’s responsibility. Federal government contractors should be aware of the changes, how the government can use SPRS assessments, and the potential effects on cybersecurity compliance and bid protests. On June 6, 2023, PilieroMazza attorneys will present “Cybersecurity for Government Contractors: Success . . . Read More
GAO Confirms Agency Must Consider Experience of Each Partner in a Small Business Joint Venture
Earlier this year, the Government Accountability Office (GAO)—in AttainX, Inc. , B-421216, B-421216.2 (Feb. 9, 2023)—clarified that in evaluating the experience of a mentor-protégé joint venture (JV) for a small business set-aside procurement, the agency must evaluate each JV member’s experience individually, as well as any experience of the JV itself. After the decision was issued, the protestor requested GAO reconsider its ruling, alleging the decision contained an error of law. In MiamiTSPi, LLC-Reconsideration , B-421216.3 (May 11, 2023), GAO denied that request in . . . Read More
Polaris Contract Paused Again: COFC Stops GSA from Evaluating Proposals
The Court of Federal Claims (COFC or Court) recently enjoined the General Services Administration (GSA) from evaluating proposals and awarding contracts under the highly publicized Polaris Program. While the decision impacts the Women-Owned Small Business (WOSB), Service Disabled Veteran Owned Small Business (SDVOSB), and Small Business (SB) pools specifically, it stands to make a much more significant impact on the procurement as a whole with Judge Eleni Roumel determining that certain solicitation requirements are deficient and ordering GSA to amend . . . Read More
Final Rule Implements New Process for Appealing HUBZone Status Protests
Based on new rules that take effect on May 10, 2023, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) will now hear appeals from Historically Underutilized Business Zone (HUBZone) status protests. PilieroMazza and others advocated for this change for some time, and it is now a reality. This is a welcome development to put the HUBZone program on par with the other small business programs and allow HUBZone firms to avail themselves of the appeal process at OHA. The . . . Read More
Federal Contractors: Preparing Software Producers for Compliance with CISA’s Self-Attestation Form
As contemplated by PilieroMazza ’s recent blog , the Cybersecurity and Infrastructure Security Agency (CISA) released a notice and request for comments on a new requirement for software producers to provide self-attestations regarding their software and its compliance with the secure software development practices, as described in the National Institute of Standards and Technology (NIST) Secure Software Development Framework (SSDF) ( Special Publication 800–218 ). The Office of Management and Budget released a memorandum on September 14, 2022, requiring agencies obtain self-attestations from software producers before using their software. A . . . Read More
SBA’s New Lending Rules Improve Small Business Growth Opportunities
On April 12, 2023, the U.S. Small Business Administration (SBA) published two new rules: (1) Small Business Lending Company (SBLC) Moratorium Rescission and Removal of the Requirement for a Loan Authorization (Moratorium Rule) and (2) Affiliation and Lending Criteria for the SBA Business Loan Programs (Affiliation Rule), collectively, the Rules. The Rules focus on combating persistent gaps in access to capital affecting small business owners in underserved communities. Starting May 11, 2023, small businesses and entrepreneurs will have more opportunities to obtain capital for growth and development. The Moratorium Rule Small businesses and entrepreneurs face major issues related to limited access to capital and restrictions imposed . . . Read More
5 Tips to Protect Construction Contracts During An Economic Downturn
For two consecutive quarters, the U.S. economy experienced an economic decline—typical indicators of an impending recession. Despite what the numbers may indicate, it is still unclear what direction the U.S. economy may take. Whether a recession is already here or on the way, here are five tips to help protect your construction contracts—particularly payments for your work. 1. Review Your Construction Contracts Do not wait to review your construction contracts. Understand the financial status and the payment terms applicable to each . . . Read More