Welcome to the PilieroMazza blog, featuring trending legal insight in the areas of government contracting, general business and corporate issues, labor and employment, and civil litigation matters.

Has the Government Solicited Bids Under the Correct 2017 NAICS Code? Here’s How to Make Sure That It Does!

October 19, 2017
By Timothy F. Valley
On October 1, 2017, the U.S. Small Business Administration (“SBA”) updated its table of the North American Industry Classification System (“NAICS”) codes, which resulted in numerous changes, including additional industries, the merger of industries, and increased and decreased size standards.
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U.S. Supreme Court Denies Petition for Certiorari on Constitutional Challenge to 8(a) Program

October 17, 2017
By Meghan F. Leemon
On October 16, 2017, the U.S. Supreme Court denied the petition for a writ of certiorari filed by Rothe Development, Inc. in Rothe Development, Inc. v. Department of Defense & Small Business Administration. Rothe, a non-minority-owned federal contractor, challenged the SBA’s 8(a) Program, a program which gives benefits to small business concerns owned and controlled by socially and economically disadvantaged individuals. Rothe alleged that the statutory basis of the 8(a) Program denies it, a company not owned or controlled by socially and economically disadvantaged individuals, equal protection of the law, in violation of the equal protection component of the Due Process Clause of the Fifth Amendment.
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Limitations on Subcontracting – What’s the Latest and Why Isn’t It in My Contract Yet?

October 9, 2017
By Megan C. Connor
Over a year ago, SBA released its final rule implementing changes in how limitations on subcontracting are calculated for set-aside prime contracts. Not a day goes by that we do not field questions from clients as to what these new SBA regulations mean and how to determine compliance. By far, the biggest query we receive is whether SBA’s limitations on subcontracting rules are incorporated into a current contract.
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Important Update Regarding 8(a) Applications

October 3, 2017
By Meghan F. Leemon
Seemingly without notice, this past weekend, SBA updated its General Login System (“GLS”) to no longer allow new 8(a) applicants to create a profile in GLS. This is so that SBA can launch their streamlined and modernized 8(a) application process through certify.sba.gov. The certify.sba.gov platform is SBA’s initiative to harmonize the certification process for all of its small business contracting programs – such as 8(a), woman-owned small business, all small mentor/protégé program, and HUBZone – into one online platform.
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SBA Office of Hearings and Appeals Reaffirms "Unconditional Ownership" Requirement in the SBA SDVOSB Program

September 29, 2017
By Patrick T. Rothwell
Recently, the SBA Office of Hearings and Appeals issued a decision, Veterans Contracting Group, Inc., SBA No. VET-265 (2017), which reaffirmed the SBA SDVOSB Program’s requirement that an SDVOSB be 51-percent unconditionally and directly owned by one or more service-disabled veterans (“SDV”). 13 C.F.R § 125.12(a), (d). More specifically, OHA upheld an SBA determination that a concern named Veterans Contracting Group, Inc. (“VCS” or the “Company”) did not meet SDVOSB eligibility requirements due to certain provisions in a shareholders agreement among VCS’ owners which placed impermissible conditions on the SDV’s ownership interest in VCS.
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