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Better Late Than Never: DOD Amends DFARS Implementing SBIR/STTR Data Rights, What it Means for Small Business

On December 18, 2024, the Defense Department (DOD) issued its Final Rule (Rule) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the data rights portions of the Small Business Administration’s (SBA) Small Business Innovation Research (SBIR) Program and Small Business Technology Transfer (STTR) Program Policy Directive (the Policy Directive). The Rule is effective on January 17, 2025. To maximize protection of SBIR/STTR data rights, government contractors should: (1) carefully review their contracts and subcontracts to identify the applicable version of . . . Read More

But My Affiliates ARE Me! GAO Rules Agencies May Limit Use of Affiliate Experience and Past Performance

On November 15, 2024, the Government Accountability Office (GAO) denied a protest where a mentor-protégé joint venture offeror attempted to use the past experience of a wholly owned subsidiary of the protégé member to satisfy a solicitation requirement. The requirement specified that joint ventures must submit a relevant qualifying project from either the protégé or the mentor-protégé joint venture itself. The AtVentures, LLC [1] protest reminds us to pay close attention to solicitation requirements and offers a different perspective when considering . . . Read More

How to Win Prime & Subcontracts

Seldom-Discussed CMMC Effects on a Defense Contractor’s Business

The Department of Defense (DOD) has finally promulgated its Final Rule (Rule) implementing the Cybersecurity Maturity Model Certification (CMMC) program, which goes ‘live’ on December 16th. There is plenty of content summarizing what the Rule is. Here, PilieroMazza attorneys offer their opinions on some of the practical effects, consequences, and strategies federal contractors can take away from the Rule and the DOD’s commentary. This blog touches on potential protest arguments flowing from the Rule, the Rule’s effect on small businesses and joint . . . Read More

OHA Confirms Key Affiliation Protections for Tribal Businesses

On November 15, 2024, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) affirmed the Area Office’s finding that a tribal-owned company was small due to the affiliation exceptions for tribal-owned entities [1] (the Tribal Affiliation Exception). However, the case was remanded back to the Area Office for a failure to investigate whether the tribal-owned company violated the ostensible subcontractor rule, which is not fully protected by the Tribal Affiliation Exceptions. Tribal entities and their partners should pay close . . . Read More