SBA Seeks Comments on Proposed Updates to the 8(a) Program and Many Other Government Contracting Programs

On September 9, 2022, the Small Business Administration (SBA) published a proposed rule that would make many significant changes to SBA’s 8(a) program requirements, the Women-Owned Small Business (WOSB) and HUBZone programs, subcontracting, protests, and more. Public comments on SBA’s proposals are due by November 8, 2022. Government contractors that participate in any of SBA’s small business programs should take note of the proposed changes and consider whether to address them through public comment. There is a lot to unpack in this . . . Read More

Federal News Network Interviews PilieroMazza’s Kevin Barnett: OFCCP to Disclose Confidential Federal Contractor Data

DOL’s Office of Federal Contract Compliance Programs recently published a notice to contractors about a Freedom of Information Act request from the Center for Investigative Reporting for all EEO-1 Reports submitted between 2016–2020. In this interview, PilieroMazza ’s Kevin Barnett discusses the implications of releasing sensitive information and how government contractors can protect themselves. Visit this link to hear the interview and this link to read Kevin’s client alert on the topic. About Kevin Barnett Kevin is Counsel in PilieroMazza’s Government Contracts Group , where he advises clients in . . . Read More

Labor & Employment Scoop! Important Takeaways for Government Contractors from NILG 2022

In this blog, PilieroMazza ’s Labor & Employment attorney Sara Nasseri summarizes important takeaways for government contractors from the National Industry Liaison Group (NILG) Conference in July, which focuses on developments and updates surrounding EEO, affirmative action, HR compliance and diversity and inclusion issues. Described below are key priority items for the OFCCP and the EEOC, as well as updates to state laws impacting government contractors in 2022 and beyond. Also, please visit this link to register for PilieroMazza’s upcoming webinar detailing these changes and how to . . . Read More

New SBA Rule Enhances Past Performance Opportunities for Small Businesses

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

Transitioning from DUNS to UEI: Elevating Government Contract Service Tickets and Sharing Your Questions

As government contractors are all too aware, the transition from DUNS numbers to the SAM assigned Unique Entity Identifier (UEI) is causing a myriad of problems, which are jeopardizing contractor payments, awards, and ability to bid on opportunities. Since the April 4, 2022, implementation of the SAM assigned UEI and entity validation through SAM, PilieroMazza is seeing a wide range of SAM registration and renewal issues resulting in numerous entities’ SAM registrations expiring and new joint ventures unable to register . . . Read More

PilieroMazza Unveils Podcast Series for Commercial Businesses New to Government Contracting

The U.S. government is the #1 purchaser in the world.  The federal government spends billions of dollars each year on a wide range of products and services, from medical supplies and software to cybersecurity and janitorial services.  Additionally, contracting with the federal government has often been referred to as “recession-proof” because the government’s purchasing needs are less likely to be impacted by a slowdown in the broader economy.  Contracting with the federal government is certainly very different from the commercial . . . Read More

5 Key Ways a Contractor Can Be Subject to a Government Claim

The performance of any government contract by a contractor has the potential to bring certain monetary risks of a government claim against the contractor. Below, we discuss 5 key ways a government contractor can be subject to a government claim and best practices to reduce your risks. 1. Overpayment A common type of government claim is based upon what the government considers to be an overpayment on its part. For example, an agency might have paid an invoice where the . . . Read More

Small Business Set Asides Now Allowed Outside the U.S.: What You Need to Know

Effective May 26, 2022, the Federal Acquisition Regulation (FAR) gives contracting officers the discretion to apply the Small Business Act (Act)—implemented by FAR Part 19—outside the United States and its outlying areas.  This final rule (Rule) could create significant business opportunities for small business government contractors capable of competing for overseas procurements.  By way of background, the Small Business Administration (SBA) has consistently taken the position that the Act is not geographically limited and, as a result, FAR Part 19, should . . . Read More

New Virginia Law Prohibits “Pay-When-Paid” and “Pay-If-Paid” Provisions in Construction Contracts

Construction contracts routinely set payment terms as “pay-when-paid” or “pay-if-paid.” These terms protect the prime contractor from bearing all the risk of nonpayment by the owner. In Virginia, however, that will not be true for much longer. Last month, Virginia lawmakers passed Senate Bill 550, which makes “pay-when-paid” and “pay-if-paid” clauses unenforceable in most circumstances. Specifically, the new law applies to both public construction contracts and certain private construction contracts that involve at least one general contractor and one subcontractor. . . . Read More

PilieroMazza’s Kathryn Hickey and Corporate/M&A Team Included in 2022 Chambers USA Rankings

PilieroMazza is pleased to announce that Kathryn Hickey , partner and practice group chair for the Firm’s Business & Transactions Group , earned an individual ranking in the 2022 edition of Chambers USA as a leading Corporate/M&A attorney in Maryland. PilieroMazza’s Corporate/M&A practice received a similar ranking as a leading M&A practice. “Our goal is always to provide the highest level of legal representation to our clients, and this ranking conveys the priority we place on legal acumen and client service,” remarked Kathryn. About Kathryn Hickey Kathryn acts as counsel to . . . Read More