Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference

In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office (GAO) or the Court of Federal Claims (COFC), the reviewing tribunal must base its decision on the record. Many potential protesters do not realize, however, that the contents of the record can vary (often dramatically) based on the forum in which the protester chooses to file. . . . Read More

CVE’s SDVOSB and VOSB Verification to Transfer to SBA January 1, 2023

The U.S. Department of Veterans Affairs (VA) has announced that the functions of its Center for Verification and Evaluation (CVE) will be fully transferred to the U.S. Small Business Administration (SBA) on January 1, 2023. The CVE certifies service-disabled veteran-owned small businesses (SDVOSB) and veteran-owned small businesses (VOSB) to compete for set-aside and sole-source contracts under the VA’s Veterans First Contracting Program, which—with some exceptions—currently operates independently of SBA’s SDVOSB program. This transfer will eliminate the VA’s separate SDVOSB and VOSB . . . Read More

Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance More Uniform

Westlaw Today recently published an article by  Sam Finnerty  titled “Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance More Uniform.” The article covers a recent Civilian Agency Acquisition Council memorandum authorizing civilian agencies to issue Federal Acquisition Regulation (FAR) class deviations to adopt certain exceptions to the limitations on subcontracting requirements for small businesses. The exceptions are already specifically outlined in the Small Business Administration’s regulations, but they have not yet been added to the . . . Read More

Requests for Equitable Adjustment Versus Claims: Which Should Contractors Pursue?

Government contractors in various industries encounter increased costs and / or delays caused by the government while performing government contracts. For instance, a contractor may have increased costs in performing a contract as a result of compliance with new COVID-19 requirements imposed by the government that were not included in the original contract. Or, a construction contractor may be required by the contracting officer to perform additional work that is outside the scope of the contract. Likewise, a construction contractor . . . Read More

Washington Business Journal: PilieroMazza’s Cy Alba Explores Whether Federal Agencies Are on the Attack Against Small Business Contractors

In the excerpt below from the Washington Business Journal article “Are Federal Agencies on the Attack Against Small Business Contractors?”, PilieroMazza ’s Isaias “Cy” Alba , a partner in the Firm’s Government Contracts Group , explores the challenges facing small business government contractors when working with federal agencies.  For the full article, please visit this link . For years, the United States’ official policy on small businesses, deriving from the Small Business Act, has been to assist and protect them in order to preserve free and open competition. . . . Read More

GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members

In a recent decision , the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility clearance (FCL), which is prohibited by the National Defense Authorization Act (NDAA) of 2020 and U.S. Small Business Administration (SBA) regulations.  This decision has significant implications for JVs pursuing classified contracts and underscores the value of protests as a useful procurement tool for government contractors. Background . . . Read More

PilieroMazza Announces DC Office Relocation in 2022 to Renovated Washington Center

WASHINGTON, DC, August 30, 2021––A business law firm serving clients in the government contract and commercial business sectors, PilieroMazza announced that in March 2022, the Firm’s DC office will relocate to Washington Center at 1001 G Street NW.  The 12-story building is situated at Metro Center, in the heart of the East End district.  Pending the March 2022 move, the Firm’s DC office will remain at 888 17th Street NW. “This move represents another major milestone in PilieroMazza’s history and growth,” remarked . . . Read More

Sovereign Acts Doctrine: New Government Defense Tactic Against COVID-Related Claims and REAs

With the rise in COVID-19 cases due to the Delta variant, government contractors and the government agencies they work with may also see a rise in COVID-related claims and requests for equitable adjustment (REAs) linked to their contracts.  In this blog, PilieroMazza reviews a key government defense tactic, the Sovereign Acts Doctrine (the Doctrine), that contractors should be aware of to help them better prepare before filing a claim or REA. What is the Sovereign Acts Doctrine? The Doctrine provides . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – August 26, 2021

If you have questions concerning the content below, please visit this link . WEBINAR: Cybersecurity & Data Privacy Webinar Series: Password Protected: Essential Cybersecurity & Data Privacy Planning for Your Small Business, September 14, 2021, Anna Wright and Emily Rouleau . Read more here . WEBINAR: Exit Worth Celebrating – It’s Never Too Early to Plan for Your Exit, September 21, 2021, Cy Alba . Read more here . WEBINAR: Construction Webinar Series: DOT’s Disadvantaged Business Enterprise Program: What Large and Small Construction Contractors Need to Know, September 23, . . . Read More