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
PilieroMazza Earns “Highly Regarded” Nationwide Ranking in Chambers USA
PilieroMazza —a business law firm serving the legal needs of government contractors and commercial businesses—is proud to announce that the 2023 edition of Chambers USA ranks the Firm’s Government Contracts Group in its highest category nationwide and also rated the Mergers & Acquisitions Group , for a second consecutive year. Furthermore, Jessica duHoffmann , the head of PilieroMazza’s newly launched Construction Group , was ranked for a second consecutive year. Managing Partner Tony Franco remarked: “Our objective is to always provide the highest level of legal representation to our clients. A ranking in Chambers USA demonstrates . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – June 2, 2023
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here . LABOR & EMPLOYMENT Debt Limit Deal Would Save Feds’ Paychecks, But Freeze Agency Spending An agreement between the White House and congressional Republicans would bring a spending freeze to federal agencies next fiscal year . . . Read More
Get Ready! Enhanced Cybersecurity Standards for Federal Contractors Coming Soon
For years, the federal contracting community has closely monitored the oft-delayed Department of Defense’s (DOD) Cybersecurity Maturity Model Certification (CMMC) program—now on iteration 2.0—as the forefront of cybersecurity obligations. That focus may soon be expanding. Contractors outside of DOD’s orbit may soon be subject to similar requirements. Civilian agency contractors should start preparing now for an enhanced cybersecurity proposed rule to prevent gaps or issues when the regulation goes into effect—not to mention it just being good business to have . . . 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
Bloomberg Sound ON Radio Show: Cy Alba Discusses Debt Ceiling Debate and “Squeeze” on Federal Contractors
Cy Alba —Practice Group Chair of PilieroMazza ’s Government Contracts Group —spoke with Sound ON radio show hosts Joe Mathieu and Kailey Leinz about the debt default’s negative impact on federal government contractors, with the most vulnerable being contractors in the small business sector. Cy specifically discussed how contractors are getting squeezed in terms of getting paid by the government for the goods and services provided and potential conflicts that may arise such as claims related to contract performance. To hear Cy’s full interview, please click . . . Read More
Partnering to Win: Teaming, Subcontracting, Joint Ventures, and Mentor Protégé Agreements
Click here to view the recorded session. The unique regulatory landscape of government contracting makes it difficult for new or commercial businesses to enter the space and win prime contracts. Fortunately, the government has created several programs to assist companies looking to enter the federal market and expand their capabilities. This also allows larger, more established businesses to partner with and / or mentor newer companies in the space. There are, however, many requirements and regulations governing these types of arrangements. . . . 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
Weekly Update for Government Contractors and Commercial Businesses – May 24, 2023
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here . GOVERNMENT CONTRACTS GAO Confirms Agency Must Consider Experience of Each Partner in a Small Business Joint Venture Earlier this year, the Government Accountability Office (GAO)—in AttainX, Inc. , B-421216, B-421216.2 (Feb. 9, 2023)—clarified that in . . . Read More
GAO Confirms Agency Must Consider Experience of Each Partner in a Small Business Joint Venture
Earlier this year, the Government Accountability Office (GAO)—in AttainX, Inc. , B-421216, B-421216.2 (Feb. 9, 2023)—clarified that in evaluating the experience of a mentor-protégé joint venture (JV) for a small business set-aside procurement, the agency must evaluate each JV member’s experience individually, as well as any experience of the JV itself. After the decision was issued, the protestor requested GAO reconsider its ruling, alleging the decision contained an error of law. In MiamiTSPi, LLC-Reconsideration , B-421216.3 (May 11, 2023), GAO denied that request in . . . Read More