SBA and ISOO Issue Guidance on Facility Security Clearances for Joint Ventures
On October 5, 2023, the Information Security Oversight Office (ISOO) and the Small Business Administration (SBA) released a Joint Notice that provides guidance on the facility security clearance (FCL) requirements for joint ventures (JVs). Government contractors participating in JVs to pursue classified work should be aware of FCL requirements for each member of the joint venture. As outlined in a prior blog post, historically, there has been confusion as to whether a JV can rely on the FCLs of its members. Some of . . . Read More
New Developments in Ultima Case: Potential Effect on Current and Future SBA 8(a) Program Participants
On September 15, 2023, Ultima Services (Ultima) filed a motion in the U.S. District Court for the Eastern District of Tennessee seeking additional equitable relief in its suit challenging the constitutionality of the Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) program). [1] Ultima’s motion comes after the SBA’s recent suspension of new applications to its 8(a) program to comply with U.S. District Court Judge Corker’s July 19, 2023, decision. 8(a) contractors should be aware of these developments as the court’s . . . Read More
SBA Tightens Enforcement of HUBZone Regulations
Government contractors maintaining or seeking HUBZone certification should make themselves aware of the Small Business Administration’s (SBA) recent efforts to tighten and enforce new and existing rules surrounding the HUBZone program. In this client alert, PilieroMazza details the SBA’s enforcement efforts and the major implications for HUBZone contractors who do not comply with program requirements. On September 20, 2023, the SBA issued a press release announcing its plan to strengthen enforcement of HUBZone regulations. The press release, titled “U.S. Small Business Administration Acts . . . Read More
Your Turn: New Rule Allows Government Contractors to Rate the Government
Contractors get feedback from the government all the time. It’s a much rarer occasion when contractors are afforded the opportunity to give the government feedback. The Federal Acquisition Regulation Council (FAR Council) is looking to change that with FAR 52.201-1, Acquisition 360 (Acquisition 360 or final rule). In this blog, PilieroMazza examines implementation of Acquisition 360, as well as potential impacts on the procurement process for government contractors. Background Initially proposed by the FAR Council in 2020, this final rule takes effect on September 22, . . . Read More
Reducing the Negative Impacts of a Government Shutdown for Federal Contractors
Once again, the specter of a government shutdown looms over the federal contracting community. The federal government is set to run out of funding on September 30 and tensions in the House are making it ever more likely that a shutdown will occur. Below are key steps your business should take to mitigate the possible negative impact of a government shutdown, along with shutdown-related labor and employment considerations for government contractors. A. Mitigating Damages Understand the likely consequences of a . . . Read More
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