New Developments in Ultima Case: Potential Effect on Current and Future SBA 8(a) Program Participants
On September 15, 2023, Ultima Services (Ultima) filed a motion in the U.S. District Court for the Eastern District of Tennessee seeking additional equitable relief in its suit challenging the constitutionality of the Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) program). [1] Ultima’s motion comes after the SBA’s recent suspension of new applications to its 8(a) program to comply with U.S. District Court Judge Corker’s July 19, 2023, decision. 8(a) contractors should be aware of these developments as the court’s . . . Read More
Changes to Construction Prompt Payment Act: What It Means for Construction Contractors Operating in DC
In 2023, the Private Contractor and Subcontractor Prompt Payment Act of 20131 (the Act) was amended to include additional protections for subcontractors on private projects by limiting a contractor’s setoff rights related to claims or damages on other projects. This limitation also applies to first-tier subcontractors. Below, attorneys in PilieroMazza ’s Construction Group summarize what changes to the Act mean for construction contractors and subcontractors working on private construction projects in DC. The Act—which governs private projects—requires contractors and first-tier subcontractors to pay . . . Read More
SBA Tightens Enforcement of HUBZone Regulations
Government contractors maintaining or seeking HUBZone certification should make themselves aware of the Small Business Administration’s (SBA) recent efforts to tighten and enforce new and existing rules surrounding the HUBZone program. In this client alert, PilieroMazza details the SBA’s enforcement efforts and the major implications for HUBZone contractors who do not comply with program requirements. On September 20, 2023, the SBA issued a press release announcing its plan to strengthen enforcement of HUBZone regulations. The press release, titled “U.S. Small Business Administration Acts . . . Read More
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 is set . . . 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
Weekly Update for Government Contractors and Commercial Businesses – September 14, 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 GSA Extends Deadline of Bids for OASIS+ Unrestricted Contract, GovConWire The General Services Administration moved the deadline to September 22, 2023, for submission of proposals for the unrestricted version of the One Acquisition Solution for . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – September 8, 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 The Washington Post Quotes PilieroMazza’s Tony Franco: Potential Impact of Social Disadvantage Ruling on Minority-Owned Government Contractors, PilieroMazza News, Antonio R. Franco Thousands of Black, Latino and other minority business owners are scrambling to prove that their race . . . Read More
The Washington Post Quotes PilieroMazza’s Tony Franco: Potential Impact of Social Disadvantage Ruling on Minority-Owned Government Contractors
Thousands of Black, Latino and other minority business owners are scrambling to prove that their race puts them at a “social disadvantage” after a federal judge declared a key provision of a popular Small Business Administration (SBA) program unconstitutional, extending the U.S. Supreme Court’s recent retreat from affirmative action. The SBA changes come amid a broad legal assault on diversity, equity and inclusion (DEI) initiatives in the private sector, one that has only intensified in the wake of the Harvard . . . Read More