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 . . . Read More
Time Runs Out on TikTok: New FAR Clause Bans TikTok on Federal Contractor Devices
The federal government recently issued an interim rule , effective immediately, prohibiting the presence or use of the TikTok application in the performance of a contract. This rule continues the government’s actions against TikTok based on privacy and cybersecurity concerns raised by the links between the application’s parent company and the Chinese government. More specifically, the clause implements the No TikTok on Government Devices Act, which was enacted last December as part of the Consolidated Appropriations Act. Federal government contractors should be . . . Read More
Lapse in SAM Registration Disqualifies Government Contractor from Contract Award
The Court of Federal Claims (COFC) recently interpreted FAR Clause 52.204-7, which requires offerors to register in the System for Award Management (SAM), to indicate that even a slight lapse in a contractor’s SAM registration status could disqualify them from potential award. The Case Before the Court COFC recently granted a preliminary injunction in Myriddian, LLC v. U.S. , No. 23-443 (Fed. Cl. May 23, 2023) staying performance of a contract solicited by the Department of Health and Human Services (HHS) to provide methodologies . . . Read More
GAO Sustains Protest Finding Agency’s Failure to Engage in Meaningful Discussions Was Not Cured During Re-Evaluation
The Government Accountability Office (GAO) recently sustained a protest in Life Science Logistics, LLC , B-421018.2, .3 (April 19, 2023), finding that an agency’s discussions were not meaningful where they did not disclose flaws that were present in the protestor’s initial proposal, but which were not identified by the agency until it re-evaluated the proposal during corrective action. Below, PilieroMazza reviews this case and highlights key actions an agency is required to take to give government contractors similar opportunities to revise their proposals. The . . . Read More