Construction Contractor Wins COVID-Related Construction Claim on Appeal: Lessons Learned

Since the beginning of the pandemic, boards and courts have denied a vast majority of construction claims seeking pandemic-related costs under fixed-price contracts. In this blog, PilieroMazza summarizes a recent claim where a construction contractor won on appeal and the important lessons learned for future claims. Please visit this link for previous coverage of this topic. Appeal of StructSure Projects, Inc., ASBCA No. 62927 The Claim: The contractor had a task order to renovate a medical center on a military base. The . . . Read More

Focus on SBA’s SBIC Program, Part 1: Increasing Manufacturing and Supply Chain Opportunities for Small Business Government Contractors

PilieroMazza presents a series of blogs exploring the intricacies of the Small Business Administration’s (SBA) Small Business Investment Company (SBIC) program. This first installment covers the Biden Administration’s AM (Additive Manufacturing) Forward Initiative (the Initiative), the SBA’s SBIC program, and the role the Initiative plays in supporting and strengthening small business government contractors who manufacture and supply goods to the Department of Defense (DOD). AM Forward Initiative In the aftermath of the COVID-19 pandemic, global supply chains faced severe and unprecedented disruptions. The 2022 Economic Report of the President . . . Read More

8(a) Construction Contractors Get More Time to Meet SBA’s Bona Fide Office Requirement

On August 21, 2023, Small Business Administration (SBA) Administrator Isabella Casillas Guzman  announced the extension of the 8(a) Business Development Bona Fide Place of Business (BFPOB) Requirement Moratorium from September 30, 2023 to September 30, 2024. Construction contractors in the 8(a) Program should make note of the new date and prepare accordingly to ensure eligibility for future contracts. Visit this link for PilieroMazza’s previous coverage on this topic. The BFPOB requirement provides that for 8(a) Business Development Program participants working on government . . . Read More

SBA to Require Individually-Owned 8(a) Firms to Support Social Disadvantage Prior to 8(a) Award Approval

As PilieroMazza recently reported , on July 19, 2023, the U.S. District Court for the Eastern District of Tennessee declared that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage violated the equal protection rights of a government contractor and prohibited SBA’s use of the rebuttable presumption in administering the 8(a) Business Development Program. Below, we cover important developments 8(a) contractors should pay close attention to in order to stay in compliance and compete for and be awarded 8(a) contracts. . . . Read More

SBA Releases Semi-Annual Regulatory Agenda: The Economic Impact on Small Business Government Contractors

On July 27, 2023, the Small Business Administration (SBA) released its Semi-Annual Regulatory Agenda (Agenda) summarizing nine current and projected rulemakings. Notably, the SBA identified these rules as likely to have a significant economic impact on a large number of small businesses in the government contracting community. According to the Agenda, three rules are in the Proposed Rule Stage, three rules are in the Final Rule Stage, and three rules have been updated as Completed Actions. Below, PilieroMazza briefly describes each rule and . . . Read More

PilieroMazza Bid Protest Victories Help Contractors Address Key Procurement Challenges

As the federal government’s fiscal year draws to a close, we expect to see an increase in agencies awarding contracts and contractors protesting those awards. A bid protest is a significant event for any government contractor. When contractors decide to protest a procurement, or are faced with a challenge to their award, they frequently turn to PilieroMazza’s protest attorneys—experienced practitioners in the field who work diligently to ensure the government complies with the law and treats their clients in a . . . Read More

Government Contractors Protesting a Lease Award: Is It Worth It?

In a recent decision, the Government Accountability Office (GAO) found the General Services Administration (GSA) improperly awarded a lease to a firm whose proposal failed to comply with a material solicitation requirement. [1] Despite this finding, GAO did not recommend that GSA terminate the lease—leaving the protester only to possibly recover its “proposal preparation costs, as well as the costs of filing and pursuing its protest, including reasonable attorneys’ fees.” GAO’s decision presents an important question to disappointed offerors considering protesting . . . Read More

8(a) MAS Pool Initiative Increases Federal Contracting Opportunities for Small-Disadvantaged Businesses

PilieroMazza recently shared the Small Business Administration’s (SBA) new rules: (1)  Small Business Lending Company (SBLC) Moratorium Rescission and Removal of the Requirement for a Loan Authorization  (Moratorium Rule) and (2)  Affiliation and Lending Criteria for the SBA Business Loan Programs   (Affiliation Rule). These rules focus on combating persistent gaps in access to capital affecting small business owners in underserved communities. Along the same vein, a recent initiative jointly issued by the SBA and the General Services Administration (GSA) is the 8(a) MAS (Multiple Award Schedule) Pool Initiative (the Initiative). The Initiative aims to increase federal contracting opportunities for small-disadvantaged businesses (SDBs) who are part of SBA’s 8(a) . . . Read More

GAO Sustains Rare Bid Protest Challenging Agency’s Corrective Action

In February 2023, the Department of Energy (DOE) agreed to take corrective action following three bid protests filed at the Government Accountability Office (GAO).  Thereafter, two of the original protestors, Kupono Government Services, LLC and Akima Systems Engineering, LLC, filed protests challenging the scope of DOE’s corrective action.  In Kupono Gov’t Servs., LLC; Akima Sys. Eng’g, LLC, B-421392.9 (June 5, 2023) , GAO sustained the protests, finding that DOE neither appropriately explained nor described its reasoning for the corrective action. In this blog, PilieroMazza reviews the facts of the case and offers . . . Read More

Federal Drive with Tom Temin Interviews PilieroMazza’s Kevin Barnett on DOD Rule Updating SPRS Assessment Process for Federal Contractors

The Department of Defense (DOD) issued a  final rule  amending the Defense Federal Acquisition Regulation Supplement (DFARS) requiring Contracting Officers to use Supplier Performance Risk System (SPRS) assessments when evaluating proposals and considering a contractor’s responsibility.  Federal Drive with Tom Temin  spoke with PilieroMazza attorney Kevin Barnett about what the updated rule means for government contractors. Below is a transcript of Kevin’s interview, and visit this link to hear the audio version. For more coverage on this topic, please visit this link for a blog and this link for a webinar replay.  Interview . . . Read More