The CPAR Trap: What SLSCO Teaches Contractors About Challenging Performance Ratings
Contractor Performance Assessment Reports (CPARs) are a critical currency in the world of government contracting—shaping future awards, past‐performance evaluations, and a contractor’s reputation. Positive assessments can help contractors secure future work with the government, while even a single marginal or unsatisfactory rating can ripple across future procurements, damaging a contractor’s competitive standing for years. When a contractor receives a negative CPAR, it must act quickly to correct issues with the ratings and recommendations before government customers rely on the negative . . . Read More
Lawmakers Sound Alarm Over VA’s AI-Driven Contract Terminations: What to Do If You’re Terminated
The Department of Veterans Affairs (VA) is facing growing scrutiny from Congress after it abruptly canceled hundreds of contracts—many of which support critical services for veterans—based in part on recommendations from a hastily developed artificial intelligence (AI) tool. On June 13, 2025, Senators Richard Blumenthal (D-CT) and Angus King (I-ME), members of the Senate Committee on Veterans’ Affairs (Committee), sent a letter to Acting VA Inspector General David Case urging a formal investigation into the VA’s contract termination process. If . . . Read More
The Unusual Case of Obtaining a “Pause” on Performance After Missing the Filing Deadlines
One of the primary benefits of filing a protest with the Government Accountability Office (GAO) is that it automatically puts the awarded contracts on hold, stopping the agency from proceeding with performance. To reap the benefits of the automatic stay, however, the law requires protesters—in a post-award posture—to file their protests within ten days of contract award or five days after the close of a requested and required debriefing, as applicable. The time limits are tight, but the reward can . . . Read More
SVOG Grant Recipients Face Renewed Scrutiny: Understanding Your Appeal Rights When SBA Rescinds Prior Grant Approval
Recently, the Small Business Administration (SBA) began issuing letters to recipients of grant funds under the $16.25 Billion COVID-era Shuttered Venue Operators Grant (SVOG) program, rescinding grant recipients’ eligibility for the program and demanding full or partial repayment of the grants. In many cases, the notices were a shock to grant recipients who went through multiple rounds of the grant approval process and received audit approval for their use of grant funds. Now, they face a daunting 30-day deadline for repayment of hundreds of . . . Read More
New False Claims Act Threats: 5 Key Takeaways from DOJ’s Initiative Targeting DEI and Antisemitism
On May 19, 2025, the Department of Justice (DOJ) issued a memorandum launching a new enforcement program known as the Civil Rights Fraud Initiative (the Initiative). Furthering the Trump Administration’s direct targeting of diversity, equity, and inclusion ((DEI) policies and alleged antisemitism among corporations and institutions receiving government funds, the Initiative will utilize the False Claims Act (FCA) to “investigate and . . . pursue claims against any recipient of federal funds that knowingly violates federal civil rights laws.” As part of the Initiative, . . . Read More
DOD Releases Intellectual Property Guidebook: Key Insights for Defense Contractors, Part 1
On May 1, 2025, the Department of Defense (DOD) released its much-anticipated Intellectual Property (IP) Guidebook (Guidebook). The Guidebook is a must-read for defense contractors who are looking to protect their IP when doing business with DOD, and who want to better understand the ins-and-outs of IP and data rights in government contracts. We agree with DOD that this Guidebook will “aid the Department’s acquisition professionals in development, execution, and management of effective IP Strategies that support all functional areas’ requirements and objectives across program . . . Read More
Managing Litigation Risk During the Business Lifecycle, Part 5: Fiduciary Duties
Litigation risk is an unavoidable aspect of running a business, but with thoughtful planning, exposure can be significantly reduced. From contractual disputes to employment disputes, potential legal challenges can arise at every stage of a company’s growth. Among these challenges, disputes involving fiduciary duties pose a particularly serious risk, potentially exposing both the business and its leaders to substantial liability and reputational harm. In this fifth installment of PilieroMazza’s blog series, “Managing Litigation Risk During the Business Lifecycle,” we explore fiduciary . . . Read More
New Developments for SBA’s HUBZone Program
The U.S. Small Business Administration’s (SBA) Historically Underutilized Business Zone (HUBZone) program underwent a major rule change in January 2025, as we wrote about here . In this blog, PilieroMazza examines new developments that clarify our understanding of the HUBZone rules and how the HUBZone Program is positioned to help the Trump Administration meet its objective to grow domestic small business manufacturing. SBA’s Made in America Manufacturing Initiative At a recent event, an SBA official explained that one of the agency’s key . . . Read More
Can Contractors Recover Damages for Arbitrary CPAR Ratings? The ASBCA Weighs In
Every seasoned government contractor knows the weight a negative Contractor Performance Assessment Report (CPAR) can carry. A blemish in the CPAR System (CPARS) can mean the difference between winning a new contract or losing to a competitor—regardless of price or technical merit. Therefore, when agencies issue a negative CPAR that seems unfair or unfounded, contractors understandably seek more than just the opportunity to respond—they want recourse. A recent decision from the Armed Services Board of Contract Appeals (ASBCA) offers . . . Read More
Top 10 Killer Construction Contract Clauses, Part 2: Pay-If-Paid and Pay-When-Paid
In the world of construction, it is essential for both prime contractors and lower-tier subcontractors to carefully manage financial risk when negotiating subcontract agreements. While a party’s ability to distinguish and understand pay-if-paid and pay-when-paid clauses—a critical first step in identifying financial risk—the analysis should not stop there. To protect the rights of both the prime contractor and subcontractor, proper management of financial risk also requires knowledge of applicable state laws and the circumstances affecting the enforceability of such clauses . . . Read More