Your Turn: New Rule Allows Government Contractors to Rate the Government
Contractors get feedback from the government all the time. It’s a much rarer occasion when contractors are afforded the opportunity to give the government feedback. The Federal Acquisition Regulation Council (FAR Council) is looking to change that with FAR 52.201-1, Acquisition 360 (Acquisition 360 or final rule). In this blog, PilieroMazza examines implementation of Acquisition 360, as well as potential impacts on the procurement process for government contractors. Background Initially proposed by the FAR Council in 2020, this final rule takes effect on September 22, . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – September 22, 2023
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . Podcasts: Listen to PilieroMazza’s podcasts GovCon Live! here and Clocking in with PilieroMazza here . GOVERNMENT CONTRACTS Reducing the Negative Impacts of a Government Shutdown for Federal Contractors, PilieroMazza Client Alert, Jon Williams , Nichole D. Atallah , Patrick T. Rothwell Once again, the specter of a government shutdown looms over the federal contracting community. The federal government . . . Read More
Reducing the Negative Impacts of a Government Shutdown for Federal Contractors
Once again, the specter of a government shutdown looms over the federal contracting community. The federal government is set to run out of funding on September 30 and tensions in the House are making it ever more likely that a shutdown will occur. Below are key steps your business should take to mitigate the possible negative impact of a government shutdown, along with shutdown-related labor and employment considerations for government contractors. A. Mitigating Damages Understand the likely consequences of a . . . Read More
Construction Contractor Wins COVID-Related Construction Claim on Appeal: Lessons Learned
Since the beginning of the pandemic, boards and courts have denied a vast majority of construction claims seeking pandemic-related costs under fixed-price contracts. In this blog, PilieroMazza summarizes a recent claim where a construction contractor won on appeal and the important lessons learned for future claims. Please visit this link for previous coverage of this topic. Appeal of StructSure Projects, Inc., ASBCA No. 62927 The Claim: The contractor had a task order to renovate a medical center on a military base. The . . . Read More
Focus on SBA’s SBIC Program, Part 1: Increasing Manufacturing and Supply Chain Opportunities for Small Business Government Contractors
PilieroMazza presents a series of blogs exploring the intricacies of the Small Business Administration’s (SBA) Small Business Investment Company (SBIC) program. This first installment covers the Biden Administration’s AM (Additive Manufacturing) Forward Initiative (the Initiative), the SBA’s SBIC program, and the role the Initiative plays in supporting and strengthening small business government contractors who manufacture and supply goods to the Department of Defense (DOD). AM Forward Initiative In the aftermath of the COVID-19 pandemic, global supply chains faced severe and unprecedented disruptions. The 2022 . . . Read More
8(a) Construction Contractors Get More Time to Meet SBA’s Bona Fide Office Requirement
On August 21, 2023, Small Business Administration (SBA) Administrator Isabella Casillas Guzman announced the extension of the 8(a) Business Development Bona Fide Place of Business (BFPOB) Requirement Moratorium from September 30, 2023 to September 30, 2024. Construction contractors in the 8(a) Program should make note of the new date and prepare accordingly to ensure eligibility for future contracts. Visit this link for PilieroMazza’s previous coverage on this topic. The BFPOB requirement provides that for 8(a) Business Development Program participants working on government . . . Read More
SBA to Require Individually-Owned 8(a) Firms to Support Social Disadvantage Prior to 8(a) Award Approval
As PilieroMazza recently reported , on July 19, 2023, the U.S. District Court for the Eastern District of Tennessee declared that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage violated the equal protection rights of a government contractor and prohibited SBA’s use of the rebuttable presumption in administering the 8(a) Business Development Program. Below, we cover important developments 8(a) contractors should pay close attention to in order to stay in compliance and compete for and be awarded 8(a) contracts. . . . Read More
SBA Releases Semi-Annual Regulatory Agenda: The Economic Impact on Small Business Government Contractors
On July 27, 2023, the Small Business Administration (SBA) released its Semi-Annual Regulatory Agenda (Agenda) summarizing nine current and projected rulemakings. Notably, the SBA identified these rules as likely to have a significant economic impact on a large number of small businesses in the government contracting community. According to the Agenda, three rules are in the Proposed Rule Stage, three rules are in the Final Rule Stage, and three rules have been updated as Completed Actions. Below, PilieroMazza briefly describes each rule and . . . Read More
PilieroMazza Bid Protest Victories Help Contractors Address Key Procurement Challenges
As the federal government’s fiscal year draws to a close, we expect to see an increase in agencies awarding contracts and contractors protesting those awards. A bid protest is a significant event for any government contractor. When contractors decide to protest a procurement, or are faced with a challenge to their award, they frequently turn to PilieroMazza’s protest attorneys—experienced practitioners in the field who work diligently to ensure the government complies with the law and treats their clients in a . . . Read More
DOL Finalizes Landmark Changes to Davis-Bacon Act: What Federal Construction Contractors Need to Know
On August 8, 2023, the Department of Labor (DOL) announced their final rule (Final Rule) revising the Davis-Bacon Act (DBA) and Davis-Bacon Related Acts (Related Acts) regulations. These are the largest and most significant revisions in the last 40 years. In this client alert, PilieroMazza ’s Labor & Employment Group summarizes key points of the Final Rule and its impact on prevailing wage and fringe benefit requirements for contractors working on government construction projects. The Final Rule is expected to be published in the Federal . . . Read More