Per an interim final rule published on November 17, 2022, the Small Business Administration (SBA) is adjusting the three economic disadvantage thresholds applicable to the 8(a) and Economically Disadvantaged Women-Owned Small Business (EDWOSB) programs for inflation. SBA’s interim final rule will also increase its receipts-based small business size standards. These changes will be effective on December 19, 2022. SBA’s changes should be welcomed by small businesses and participants in the 8(a) and EDWOSB programs and those looking to apply. Economic Disadvantage Thresholds for . . . Read More
As PilieroMazza noted recently here , the Small Business Administration (SBA) released a major proposed rulemaking that will impact government contractors, primarily those that are participants in the 8(a) Business Development Program. PilieroMazza has posted a series of blogs regarding SBA’s proposed rulemaking, and this client alert highlights some of the proposed changes that pertain specifically to the 8(a) Program. Ownership and Control As you may be aware, there are certain ownership restrictions on an 8(a) firm. One of the restrictions . . . Read More
The Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) Program is in the midst of a major overhaul that would update, streamline, and clarify existing rules, strengthen implementation, and increase reporting requirements. The DOT’s DBE Program allows small businesses owned by socially and economically disadvantaged individuals to tap into billions of dollars’ worth of contracting opportunities issued at the state and local level through federally-funded infrastructure projects. On July 21, 2022, DOT issued a notice of proposed rulemaking (Rule) which presents the biggest potential . . . Read More
An all-but-forgotten remedy in government contracting, Extraordinary Contractual Relief (ECR) , is in the midst of a potential resurgence due to the Department of Defense’s (DOD) most recent memorandum on inflation entitled Managing the Effects of Inflation with Existing Contracts . As PilieroMazza previously discussed , the current inflation crisis prompted DOD to suggest that, subject to the availability of funds, contractors should seek ECR when seeking an upward adjustment to the price of an existing firm-fixed-price contract. If you are a government contractor impacted by inflation while performing a contract, see below for the ins‑and‑outs . . . Read More
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
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
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 latest episodes and follow us to hear more here . GOVERNMENT CONTRACTS New SBA Rule Enhances Past Performance Opportunities for Small Businesses, Sam Finnerty , 08.10.22 On August 22, 2022, the Small Business Administration will implement a final rule that provides two new methods by which small businesses . . . Read More
On August 22, 2022, the U.S. Small Business Administration (SBA) will implement a final rule that provides two new methods by which small businesses can obtain past performance credit when competing for federal prime contracts. First, the rule allows certain small business offerors to rely on the past performance of joint ventures (JV) in which they were a member. Second, the rule establishes a process by which certain small businesses can request, obtain, and rely upon past performance obtained when performing as a . . . Read More
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 latest episodes and follow us to hear more here . GOVERNMENT CONTRACTS House Approves More Than $400 billion of Government Funding in ‘Minibus’ Package The House passed a sprawling spending package for the coming fiscal year, approving more than $400 billion in government . . . Read More
