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
The FCA at the Supreme Court, Part 3 of 4: Subjective Intent Controls FCA Liability
The False Claims Act (FCA) is seeing quite a bit of action at the Supreme Court this term, with multiple cases under consideration. In this third installment in PilieroMazza’s blog series on “The FCA at the Supreme Court,” we examine active cases, comment on recently issued decisions, and discuss ways government contractors can protect themselves against an FCA claim or in FCA litigation. Parts 1 and 2 of the series are available here and here . In the second installment of this . . . 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
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
PilieroMazza Launches New Labor & Employment Podcast for Government Contractors
Do you have 10 minutes or less to stay on top of the ever-changing laws and regulations around labor and employment? Check out PilieroMazza ‘s new podcast “ Clocking in with PilieroMazza: Labor and Employment News for Government Contractors .” Each podcast offers bite-sized nuggets of valuable information to help employers—particularly those operating in the highly regulated world of government contracting—meet their compliance requirements and ultimately remain competitive. Visit the links below for the first series of episodes. Use #LNE4GovCons to find the latest episodes on LinkedIn or visit this link . We . . . 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
DOD Issues Final Rule Updating Supplier Performance Risk System (SPRS) Assessment Procedures for Federal Contractors
Effective March 22, 2023, the Department of Defense (DOD) issued a final rule (Final Rule) amending the Defense Federal Acquisition Regulation Supplement (DFARS) requiring Contracting Officers (COs) to use Supplier Performance Risk System (SPRS) assessments when evaluating proposals and considering a contractor’s responsibility. Federal government contractors should be aware of the changes, how the government can use SPRS assessments, and the potential effects on cybersecurity compliance and bid protests. On June 6, 2023, PilieroMazza attorneys will present “Cybersecurity for Government Contractors: Success . . . Read More
Polaris Contract Paused Again: COFC Stops GSA from Evaluating Proposals
The Court of Federal Claims (COFC or Court) recently enjoined the General Services Administration (GSA) from evaluating proposals and awarding contracts under the highly publicized Polaris Program. While the decision impacts the Women-Owned Small Business (WOSB), Service Disabled Veteran Owned Small Business (SDVOSB), and Small Business (SB) pools specifically, it stands to make a much more significant impact on the procurement as a whole with Judge Eleni Roumel determining that certain solicitation requirements are deficient and ordering GSA to amend . . . Read More