Focus on SBA’s SBIC Program, Part 3: Demystifying the Intricacies of the SBIC Application Process
The Small Business Investment Company (SBIC) program is emerging as a powerful financial tool for small business government contractors seeking a transformative approach to financing and growth. This third blog in the series “Focus on SBA’s SBIC Program” demystifies the intricate SBIC application process and reveals strategic benefits associated with obtaining an SBIC license. Small business government contractors should familiarize themselves with the application process to unlock new avenues of capital to foster their success. Please visit this link for Part . . . Read More
Good News for Pandemic-Related Government Contract Claims: McCarthy HITT – Next NGA West JV
On December 20, 2023, the Armed Services Board of Contract Appeals (the Board) denied the government’s motion to dismiss pandemic-related claims. In doing so, the Board rejected the government’s arguments alleging that the claims (1) failed to state a claim, (2) were barred by the sovereign acts affirmative defense, and (3) failed to provide a clear amount as required by the Contracts Disputes Act. The Board’s rejection of the government’s motion to dismiss in McCarthy HITT – Next NGA West . . . Read More
Focus on SBA’s SBIC Program, Part 2: Decoding Regulations and Pre-Application Considerations for Small Business Government Contractors
This second installment of PilieroMazza ’s blog series “Focus on SBA’s SBIC Program” explores regulations governing SBIC status and considerations for potential applicants. Please visit this link for Part 1 in the series. For small business government contractors looking to leverage the opportunities presented by the SBIC program, it is imperative to understand the related regulations to safeguard the interests of both investors and small businesses. As discussed in the first part of this blog series, the SBIC program provides members with . . . Read More
The FCA at the Supreme Court, Part 4 of 4: Government Intervention and Dismissal of FCA Cases
The False Claims Act (FCA) saw quite a bit of action at the Supreme Court in its most recent completed term. In this fourth and final installment of PilieroMazza ’s blog series “The FCA at the Supreme Court,” we examine active cases, comment on recently issued decisions, and offer key takeaways to help government contractors protect their business assets against an FCA claim or in FCA litigation. Please visit these links for Part 1 , Part 2 , and Part 3 . In the first installment of . . . Read More
Subcontract Flow-Down Provisions: Constructive Acceleration and Delays on Federal Projects
A contractor’s claims against the government for constructive acceleration and delays are governed, in part, by the applicable clauses of the Federal Acquisition Regulations (FAR) incorporated into its contract with the government. Whereas a subcontractor’s claims against a contractor for constructive acceleration and delays are governed, in part, by which FAR clauses are incorporated into its subcontract. Prime contractors and subcontractors on federal projects should be aware of the importance of understanding flow-down provisions in subcontracts and how they can . . . Read More
Inter-Con Security Systems: Significance of CBCA’s Decision on Government Contractors
On September 29, 2023, the Civilian Board of Contract Appeals (CBCA) ruled that a federal contractor could not collect damages from the U.S. Marshals Service (USMS). The contractor’s claim, asserting that it was being sued by former employees as a result of government action, was rejected by the CBCA. The CBCA’s decision in Inter-Con Security Systems, Inc. v. U.S. Dept. of Justice, CBCA No. 6995, suggests that when government action is justified by contract language, a lawsuit filed by a former . . . Read More
Protecting Our Nation’s Data, Part 3: Are Goods or Services Subject to FASCSA Orders?
Substantive cybersecurity amendments to the Federal Acquisition Regulation (FAR) are underway, significantly altering the duties and obligations of federal government contractors both prior to award and during contract performance. The FAR Council issued an Interim Final Rule implementing Section 202 of the Federal Acquisition Supply Chain Security Act of 2018 (FASCSA) [1] , as well as a 2021 Final Rule ( Final Rule ) granting the Federal Acquisition Security Council (FASC) authority to issue orders excluding or removing goods or services from the supply chain that . . . Read More
Protecting Our Nation’s Data, Part 2: Implementing Cyber Threat Incident Reporting and Information Sharing
In October 2023, the federal government released a Proposed Rule aimed at incorporating new cybersecurity reporting requirements into the Federal Acquisition Regulation (FAR). In this second installment of PilieroMazza’s blog series “Protecting Our Nation’s Data,” we discuss the Proposed Rule which seeks to implement Executive Order 14028 (EO 14028) and increase the exchange of information between contractors and the government regarding cyber threats and incident reporting. As the government continues to roll out new cybersecurity requirements, government contractors should understand these requirements, how they could . . . Read More
Protecting Our Nation’s Data, Part 1: Cybersecurity Standardization Requirements for Unclassified Federal Information Systems
New standardized cybersecurity compliance requirements are inbound. In early October 2023, the Federal Acquisition Regulation (FAR) Council issued a proposed rule ( Proposed Rule ) to standardize cybersecurity requirements across federal agencies for unclassified Federal Information Systems (FIS). This blog, the first in a series, addresses why government contractors should familiarize themselves with these requirements as non-compliance could affect contract eligibility and payment, as well as exposure to False Claims Act (FCA) liability. [1] Contractual cybersecurity requirements for unclassified FIS are currently . . . Read More
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