Weekly Update for Government Contractors and Commercial Businesses – October 5, 2022

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 . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here .   BUSINESS & TRANSACTIONS Abigail “Abby” Baker Becomes Chair of PilieroMazza’s Business & Transactions Group, 10.03.22 PilieroMazza —a business law firm serving government contractors and commercial businesses—announces the arrival of partner Abigail “Abby” Baker , who will lead the . . . Read More

SBA Proposes Revisions to Bona Fide Place of Business Requirements for 8(a) Construction Contracts

The bona fide place of business requirement provides that for 8(a) construction contracts, the contractor must have an SBA-approved bona fide place of business in the applicable geographical area. Since August 25, 2021, and as PilieroMazza reported , SBA placed a moratorium on the bona fide place of business requirements for 8(a) construction contracts. The moratorium was extended through September 30, 2023. This client alert reviews certain proposed changes that government contractors operating in the construction sector and participating in the 8(a) . . . Read More

SBIR/STTR Programs Renewed: Compliance Requirements for Small Business Contractors

The Small Business Innovation Research (SBIR) and Small Business Technology Transfer (SSTR) Extension Act of 2022 was enacted into law on September 30. The Act reauthorizes the SBIR/STTR programs until 2025. The reauthorization is both crucial for current participants, and aspiring small businesses wishing to conduct government-funded research and development (R&D). Small businesses currently participating, or considering submitting a proposal under either program, must be aware of the new program changes, their effective dates, and the potential consequences of noncompliance. . . . Read More

Impact of SBA Proposals on Federal Subcontracting

As PilieroMazza recently  noted , SBA released a major proposed rulemaking that will impact government contractors. The proposed rule is focused on SBA’s 8(a) Program (see our client alert highlighting those proposed changes here ), but it also impacts the rules for subcontracting on federal projects. This client alert provides contractors with an overview of SBA’s proposals related to the limitations on subcontracting, subcontractor affiliation, and subcontracting plans. Limitations on Subcontracting (LOS) SBA’s rules currently provide that the period of time used to determine . . . Read More

Section 889 Part B to Take Full Effect for DOD Contractors on October 1st

In October 2020, we wrote about a memorandum issued by the now former Director of National Intelligence (DNI), John Ratcliffe, which waived the requirement that Department of Defense (DOD) contractors comply with Part B of Section 889 of the National Defense Authorization Act for Fiscal Year 2019 until September 30, 2022. Unless another waiver is granted, full compliance with Section 889, Parts A and B, will be required starting October 1st for all DOD contracts. Essentially, Section 889 is a broad prohibition . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – September 29, 2022

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 . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here .   GOVERNMENT CONTRACTS SBA’s Proposed Rule Alters the Landscape for Size and Status Protests, 09.27.22, Sam Finnerty and Daniel Figuenick On September 9, 2022, the Small Business Administration issued a proposed rule (the Rule) making substantial changes to the 8(a) . . . Read More

SBA’s Proposed Rule Alters the Landscape for Size and Status Protests

On September 9, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule (the Rule) making substantial changes to the 8(a) Business Development program (covered here in a previous PilieroMazza alert). Scattered throughout the Rule are various protest-related changes for the Women-Owned Small Business (WOSB), Service-Disabled Veteran-Owned Small Business (SDVOSB), and Historically Underutilized Business Zone (HUBZone) Programs. The Rule expands and limits the ground rules for filing a size or status protest against an apparent successful offeror. To avoid losing contracting opportunities . . . Read More

SBIR/STTR Extension: Proposed Requirements for Small Business Contractors

On September 22, the Senate passed the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022 . As it heads to the House of Representatives, government contractors in these programs should be weary of various changes that would significantly impact both programs, if passed. Particularly, the bill cracks down on foreign investment and affiliation in SBIR/STTR participants, as well as increasing performance standards for firms considered “SBIR Mills,” the term given to small businesses receiving a significant number of awards under Phase I and II of the SBIR program . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – September 23, 2022

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 . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here .   GOVERNMENT CONTRACTS Enhancing the Security of the Software Supply Chain Through Secure Software Development Practices The Office of Management and Budget published a memo to implement National Institute of Standards and Technology (NIST) . . . Read More

DOD Offers Relief for Contractors Facing Registration Challenges with SAM.Gov

As many contractors know all too well, the System for Award Management (SAM) has had a rocky 2022 driven by the transition from the Data Universal Numbering System (DUNS) to the assignment of Unique Entity IDs (UEI) through SAM. PilieroMazza previously wrote about the issues here . The switch resulted in a wide range of entity validation issues, causing contractors undergoing the validation process to miss their payment deadlines and significantly hampering their ability to register in SAM in time for . . . Read More