Small Business Programs & Advisory Services

PilieroMazza's Commitment to Advocating for All Small Businesses and Our Clients

June 14, 2018
By Pamela J. Mazza
A recent blog has come to our attention that discusses a nearly year old case involving an Alaska Native Corporation (ANC) entity. In that case, we appealed a size determination and argued that an ANC entity was too reliant on the experience of its two subcontractors, one of which was its sister company. This situation indicated that the prime contractor may have violated the ostensible subcontractor rule by its undue reliance on its subcontractors to qualify for the contract at issue. The judge disagreed with our argument, so despite our best efforts on behalf of our client, our position unfortunately did not prevail in this case.

SAM Registration Update: Notarized Letter Requirement Change and New Deadline Looming

June 13, 2018
By Antonio R. Franco
As most government contractors may know by now, in order to proactively fight against alleged fraudulent activity in the System for Award Management (SAM), the General Services Administration (GSA) issued a rule that required all entities to "provide an original, signed notarized letter stating that you are the authorized Entity Administrator before your registration will be activated." On June 11, 2018, GSA issued an update to the notarized letter requirement in two parts.

Pre-Award Notifications in a Set-Aside Procurement: Can I Get a Debriefing Now?

March 16, 2018
By Julia Di Vito
If you pursue contracts that are set aside for small businesses, you have probably noticed that if your proposal is not successful, you will get what is called a "pre-award" notification from the agency informing you of the identity of "apparently successful offeror." If you receive such a notice, you may be eager to get a debriefing to find out why your company was not identified as the "apparently successful offeror."

HUBZone Definition of "Employee" Not So Black-and-White

By Peter B. Ford
In a recent decision, HUBZone Appeal of Q Services, Inc., the Small Business Administration ("SBA") clarified that the number of hours worked by a person does not bar SBA from examining the totality of the circumstances to determine whether that individual qualifies as an employee for HUBZone program eligibility purposes.

VA Amends Rules on Price Adjustments, Comments on Its Use of the Vets First Authority and Cascading Set-Asides

March 1, 2018
By Jon Williams
On February 21, 2018, the U.S. Department of Veterans Affairs (VA) issued final rules to amend its regulations that pertain to Economic Price Adjustment clauses for firm-fixed-price contracts, identifying VA's Task-Order and Delivery-Order Ombudsman; clarifying the nature and use of consignment agreements; adding policy coverage on bond premium adjustments and insurance under fixed-price contracts; and providing for indemnification of contractors for medical research or development contracts. These final rules adopt the proposed rule published on March 13, 2017, and will be effective on March 23, 2018.
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