Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay
Those familiar with the construction industry know that construction projects are seldom, if ever, completed within the time originally anticipated at the project’s outset. Fortunately, prime contractors and lower-tier subcontractors are often permitted to seek additional costs stemming from owner-caused delays—commonly referred to as compensable delays. However, the presence of a no damages for delay clause in a contract can significantly impede a contractor’s and subcontractor’s ability to pursue claims for compensable delay. Because delays increase construction costs, construction contractors . . . Read More
The Rise of OTA in Defense Contracting, Part 2: What Is It, Who’s Eligible, and Where to Find Opportunities
In Part 1 of PilieroMazza’s blog series (linked here ), we looked at how Other Transactions Authority (OTA) has emerged as a key acquisition tool for government contractors eager to work with the Department of Defense (DOD). In Part 2, we’ll unpack what OTA is, who can participate in these agreements, and where to look for OTA-related opportunities. What is an “Other Transaction”? OT generally refers to the statutory authorities allowing the federal government to enter transactions other than a typical . . . Read More
Managing the Financial Impact of Tariffs on Your Government Contract
PilieroMazza recently published a client alert regarding executive orders imposing additional tariffs on goods from Canada, Mexico, and China. Since then, the Trump administration has imposed a series of worldwide and targeted tariffs, which are likely to have a significant impact on supply chains and costs incurred by government contractors. This blog provides contractors with (1) an update on these tariffs and (2) advice on insulating your government contract from the cost and delay impacts. Tariffs on Steel, Aluminum, and Automobiles On . . . Read More
The Rise of OTA in Defense Contracting, Part 1: Defense Acquisition Reform
President Trump’s April 9, 2025, Executive Order Modernizing Defense Acquisitions and Spurring Innovation In the Defense Industrial Base (EO) is likely to have major implications for federal defense contractors. This blog, the first in a three-part series about Other Transactions Authority (OTA), discusses the EO and the Department of Defense’s (DOD) use of OTA in reforming defense acquisition. For government contractors eager to work with DOD under OTA—particularly small businesses and non-traditional defense contractors with an interest in research, development, and prototyping—the EO’s preference for OTs may present a significant opportunity. . . . Read More
6 Effective Tactics to Help Government Contractors Overcome Unfavorable CPARS Evaluations
In federal contracting, your reputation is currency, and few tools can shape that reputation more than the Contractor Performance Assessment Reporting System (CPARS). CPARS evaluations don’t just sit in a file, they’re pulled directly into award decisions and can make or break your ability to win future work. How you respond and engage during the CPARS process can directly impact your pipeline of new business. Here are 6 effective tactics every government contractor needs to know—and should consider—when facing a . . . Read More
Keeping Your Defense Contract: Combating Recent Government Contract Cuts
The Department of Defense (DOD) cut another batch of government contracts and grants on March 20th. The DOD is just one of many executive agencies advancing the policies of President Trump and the Department of Government Efficiency (DOGE) focusing on mass cuts to contracts and grants in the name of improving government efficiency. The latest DOD cuts come a day after the deadline for DOD heads to conduct a comprehensive review and validation of existing General Services Administration (GSA) contract . . . Read More
OHA Confirms: SBA Must Consider Operating Agreements in Joint Venture Size Determinations
A recent Small Business Administration (SBA) Office of Hearings and Appeals (OHA) decision in the Size Appeal of DecisionPoint-Agile Defense JV, LLC , SIZ-6336 (Feb. 12, 2025) highlights the critical role of a thorough SBA review in small business size determinations. OHA overturned an adverse size determination after finding the SBA Area Office improperly refused to consider the mentor protégé joint venture’s (JV) operating agreement (OA) simply because it was not expressly incorporated into the joint venture agreement (JVA). This decision reinforces that a well-drafted operating agreement . . . Read More
SBA’s 180-Day Recertification Rule: Clarifying the Meaning of “Offer” in Size Determinations
In a recent decision by the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA), the Size Appeal of Secise, LLC, SBA No. SIZ-6337 (Feb. 19, 2025) clarified an important exception to the general rule for determining a firm’s size status. The ruling addressed the meaning of “offer” under the SBA’s 180-day rule, a key factor in determining whether a firm remains eligible for a small business set-aside contract following a merger, sale, or acquisition. The Case at a Glance Under SBA regulations, a firm’s size is generally determined . . . Read More
Managing Litigation Risk During the Business Lifecycle, Part 1: Entity Formation and Organization
Starting and operating a business—whether a small business, startup, or government contractor—involves a myriad of risks, many of which can lead to costly and potentially damaging litigation. While these risks evolve over the life of a company, early-stage businesses, especially those in the process of entity formation and drafting corporate governance documents, are particularly vulnerable. In this first part of PilieroMazza’s blog series, “Managing Litigation Risk During the Business Lifecycle,” we explore how understanding these risks and taking proactive steps . . . Read More
CPARS Ratings: Subjective or Objective? ASBCA Weighs In
For government contractors, a Contractor Performance Assessment Reporting System (CPARS) rating can make or break future opportunities. But how objective are these ratings? A recent ruling [1] by the Armed Services Board of Contract Appeals (Board) sheds light on a crucial reality—CPARS ratings are not purely fact-based assessments; they’re the government’s opinion on contractor performance. The Case: A Battle Over CPARS Ratings St. Michael’s Inc. (SMI) challenged three CPARS ratings issued by the Defense Logistics Agency (DLA), arguing that the ratings . . . Read More