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.

GAO Sustains Protest Alleging Misrepresentation in Proposal Regarding Availability of Incumbent Staff

January 18, 2019
By Patrick T. Rothwell
It is generally difficult to win a bid protest by arguing that the awardee proposed personnel that it did not have a reasonable expectation would be available for performance. Such allegations are normally difficult to prove, particularly at the outset of a protest, because the protestor is unlikely to know which personnel the awardee proposed. As a result, these protest grounds have a high risk of being dismissed as speculative. Winning such a protest is, however, possible.

Teaming Agreements: Are They Necessary or Not Worth the Effort?

January 10, 2019
By Antonio R. Franco
Government contractors enter into teaming agreements to secure contracts with partners that will help them win and perform the work. It surprises many, however, that certain terms in a teaming agreement may not be enforceable, particularly the clauses providing for the award of a subcontract. This has led contractors to ask, "What is the point of a teaming agreement?" There are many advantages to teaming agreements, or they would not be so prevalent in the government contracting industry. Although those advantages cannot be understated, contractors need to know the limits of teaming agreements. Depending on whether the contractor is the anticipated prime or subcontractor, those limitations need to be carefully considered.

SBA Information Notice Provides Guidance on SBA's Interpretation of the Small Business Runway Extension Act of 2018

January 4, 2019
By Jacqueline K. Unger
We recently wrote about the Small Business Runway Extension Act (Runway Extension Act), which President Trump signed into law on December 17, 2018. Under the Runway Extension Act, for industries with receipts-based size standards, the size of a firm is to be measured based on its average annual gross receipts over the previous five years (extended from the previously used three-year period). Missing from the Runway Extension Act is any explicit directive as to when the new five-year calculation takes effect, leaving open the question of whether agencies will interpret the law as effective immediately or only upon the issuance of revised regulations. This has led to significant confusion among contractors as to whether a firm's size status could immediately be impacted by the new law, i.e., whether a firm should report its size today based on average annual receipts over the past five years instead of three years.

OHA Explains Which SDVOSB Eligibility Rules Apply in Its First VA SDVOSB Protest Decision

December 21, 2018
By Julia Di Vito
Starting October 1, 2018, the U.S. Small Business Administration's ("SBA") Office of Hearings and Appeals ("OHA") now has jurisdiction over all service-disabled veteran-owned small business ("SDVOSB") status protests when the procuring agency is the U.S. Department of Veterans Affairs ("VA"). Previously, SDVOSB status protests on SDVOSB set-aside solicitations issued by VA were decided by VA. Now, OHA hears all SDVOSB status protests on VA procurements and has recently issued its first decision in an SDVOSB status protest in connection with a VA procurement. OHA refers to these SDVOSB status protests as "CVE Protests." In CVE Protest of Blue Cord Design and Construction, LLC, SBA No. CVE-100-P (2018), OHA denied a protest alleging that an SDVOSB awardee in a VA procurement was not controlled by a service-disabled veteran.

President Trump Signs Small Business Runway Extension Act of 2018 into Law

December 18, 2018
By Emily J. Rouleau
On December 17, 2018, President Trump signed the Small Business Runway Extension Act (H.R. 6330) into law. As we discussed in our previous blog, the Small Business Act previously measured a company's size under the prescribed size standards on a basis of the company's average annual receipts from the previous three years; the new law extends this time to the previous five years.
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