Weekly Update for Government Contractors and Commercial Businesses – December 20, 2024
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 December 2024: Reducing the Negative Impacts of a Government Shutdown for Federal Contractors, PilieroMazza Client Alert, Isaias “Cy” Alba, IV , Nichole D. Atallah , Lauren Brier , Abigail “Abby” Finan Once again, the specter of a government shutdown looms over the federal contracting community. The federal . . . 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
December 2024: 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 December 20 due to an impasse during final negotiations over added spending. The expected timeline for renegotiations is making it ever more likely that a protracted shutdown of over a month will occur. Below are key steps your business should take to mitigate the possible negative impacts of a government shutdown, along with shutdown-related labor and . . . 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
SBA Update: Final Rule Appears Beneficial for IT Value-Added Resellers
As PilieroMazza covered here on December 17, 2024, SBA issued its much-anticipated final rule in response to the proposed rule it issued in August and the hundreds of public comments it received. One area of particular interest for IT value-added resellers (ITVARs) is how SBA finalized its proposed rule pertaining to the use of tax returns to determine a firm’s annual revenue for small business purposes. At first blush, we think the final rule—which will take effect on January 16, 2025—is . . . Read More
SBA’s Final Rule Is Here: Key Takeaways on Updates to HUBZone Program, Other Small Business Programs, and Various Small Business Matters
On December 17, 2024, the Small Business Administration (SBA) published a final rule that will make changes to its regulations for the Historically Underutilized Business Zone (HUBZone) Program, clarifying certain policies. PilieroMazza recently covered the proposed changes (linked here ), which impact not just the HUBZone Program. This final rule goes into effect on January 16, 2025, “will apply to existing contracts,” and makes several amendments impacting all GovCon small businesses. PilieroMazza ’s Government Contracts Group will release various blogs on different aspects of the final rule . . . 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
Read Before Increasing Wages! Unraveling the Minimum Wage and Salary Basis Test Mayhem
2024 ushered in the implementation of and challenges to several wage and hour initiatives by the Biden Administration, most notably, adjustments to the salary basis test and Executive Order 14026, which raised minimum wages for government contractors. In both cases, U.S. federal courts intervened, issuing decisions that will shape how employers approach wages in 2025 and beyond. Keep reading to find out the key points contractors need to know before January 1, 2025. Overview The Biden Administration, through the . . . Read More
Seldom-Discussed CMMC Effects on a Defense Contractor’s Business
The Department of Defense (DOD) has finally promulgated its Final Rule (Rule) implementing the Cybersecurity Maturity Model Certification (CMMC) program, which goes ‘live’ on December 16th. There is plenty of content summarizing what the Rule is. Here, PilieroMazza attorneys offer their opinions on some of the practical effects, consequences, and strategies federal contractors can take away from the Rule and the DOD’s commentary. This blog touches on potential protest arguments flowing from the Rule, the Rule’s effect on small businesses and joint . . . 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