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
Takeaways from Biden Administration’s Initiative to Promote Equal Opportunity in Federally Funded Infrastructure Projects
On March 14, 2023, the U.S. Department of Labor (DOL) announced the launch of the “Mega Construction Project Program” initiative, which is designed to promote equal opportunity and expand the workforce in construction trades involved with large federally funded projects. The Mega Construction Project Program will focus DOL’s efforts to bring the public and private sectors together on a select group of projects to provide a diverse pool of qualified workers access to jobs in construction trades. Projects eligible for . . . Read More
Financial Capital, Human Capital Will Be at a Premium in Indian Country in 2023
PilieroMazza ’s Nichole Atallah , a partner in the Firm’s Labor & Employment Group , is featured in the article below “Financial Capital, Human Capital Will Be at a Premium in Indian Country in 2023,” originally published in the Summer 2023 edition of NC Magazine. Nichole is joined by Karla Bylund, owner of Soaring Bird Solutions. Attending RES2023? Come visit Nichole and her partner Sarah Nash at Exhibit Booth 702, where they’ll be available to address your most pressing legal concerns around labor and employment laws. Economic development is . . . Read More
Forming a Joint Venture? SBA Stresses Importance of Complying with State Law
As PilieroMazza previously highlighted , contractors wishing to pursue set-aside work through small business joint ventures (JVs) must comply with the Small Business Administration’s (SBA) JV regulations, which require certain JVs to have detailed and specific JV agreements (JVAs). A recent case from SBA’s Office of Hearing and Appeals (OHA) highlights just how important it is that small business JVs also comply with applicable state laws. Contractors should be aware that failing to comply with state laws can cause a small . . . Read More
Why the Content of a Contractor’s Joint Venture Agreement Matters
The Small Business Administration’s (SBA) joint venture (JV) regulations allow large businesses to perform set-aside contracts with their small business protégés and allow small businesses to pool their resources and experience to compete for set-aside work they would not independently qualify for. However, these JVs must strictly comply with SBA’s JV regulations. Among other things, this means each JV must have a JV agreement (JVA) that checks a litany of regulatory boxes. A recent SBA Office of Hearings and Appeals . . . Read More