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PilieroMazza PLLC.

Isaias “Cy” Alba, IV

Partner

Washington, DC

202.857.1000

ialba@pilieromazza.com

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Bio

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Cy counsels clients on a broad range of government contracting matters before government agencies and federal courts, which includes overall regulatory compliance with the Small Business Administration’s (SBA) small business programs. He represents small and mid-sized government contractors looking to structure compliant teaming, joint venture, and mentor-protégé agreements. Cy also handles the prosecution and defense of small-business size and status protests; appeals before the SBA and the Office of Hearings and Appeals; as well as bid protests before the Government Accountability Office, the Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit.

Cy’s work for federal contractors includes the preparation, negotiation, and prosecution of Contract Dispute Act claims, requests for equitable adjustment, termination for convenience settlements, and defense of suspensions and debarments.  He also works with clients on the preparation of  Organizational Conflict of Interest (OCI) mitigation plans and related OCI concerns, as well as intellectual property licensing, copyright, trademark, and data rights issues under the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement.

Working closely with PilieroMazza’s Business & Corporate Group, Cy assists federal contractors to structure mergers and acquisitions, corporate restructurings, and partner buyouts to ensure these transactions meet the client’s objectives and are compliant with federal procurement laws and regulations.  Transactions typically range from small transactions to single acquisitions valued at $100M.

Cy also counsels clients on certain International Traffic in Arms Regulations compliance issues and the preparation of technical assistance agreements and/or manufacturing licensing agreements for the export of defense articles and data.

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Related Practice Areas

  • Government Contracts
  • Litigation & Dispute Resolution
  • Business & Corporate
  • Intellectual Property & Technology Rights
  • Labor & Employment
  • Audits & Investigations
  • Cybersecurity & Data Privacy
  • False Claims Act
  • Mergers & Acquisitions Old Name

Representative Matters

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Representative Experience

Size/Status Protests, Appeals, and Certifications:

  • Overturned multiple determinations from the VA’s Center for Veterans Enterprise for SDVOSB companies when told they failed to meet the regulatory requirements for certification
  • Successful defense against proposed decertifications from the SBA HUBZone program for multiple clients based upon alleged violations of the HUBZone rules and regulations
  • Successful Requests for Reconsideration and appeals of 8(a) application denials based upon findings ranging from identity of interest affiliation to alleged violations of the Newly Organized Concern Rule

Claims and Negotiations:

  • Successfully negotiated a claim for bad faith termination for convenience due based upon improper motives of the contracting officer resulting in the payment of $300,000 to the client for costs incurred and lost profits on the terminated work.
  • Successfully defended a claim from DCAA for approximately $500,000 based upon the DCAA’s failure to demand repayment within the applicable statute of limitations timeframe.
  • Successfully prosecuted a claim for removal of an improper and unfair CPARs, resulting in the immediate removal of the CPARs and all references or other indications of the existence of the CPAR stricken from all government records.
  • Successfully prosecuted and negotiated construction claims, including delays, differing site conditions, and government breaches of the duties to cooperate and not to hinder and the duty of good faith and fair dealing.
  • Successful negotiation of a claim, and avoidance of a DCAA audit, resulting in immediate payment of $1.2 million to a contractor where a supervisory contracting officer attempted to cancel modifications increasing the value of the contract after determining that the modification should never have been issued and after failing to pay the contractor based upon those modifications for over two years.

Suspensions and Debarments:

  • Successfully defended two separate proposed debarment actions based upon alleged violations of SBA HUBZone rules and regulations.
  • Successfully negotiated resolution to a proposed termination for default and debarment despite a 30% failure rate in the emergency detection items being delivered.
  • Successfully defended an SDVOSB being debarred for alleged failures to comply with the program requirements after years of being in the program and winning multiple SDVOSB awards.

Mergers &Acquisitions, Corporate Restructuring:

  • Successful negotiation of a $100M sale of a staffing firm to a private equity company where small business compliance and avoiding recertification was paramount.
  • Successful closure of a $50M sale of an aerial surveillance company to a foreign buyer, requiring the resolution of various problems relating to the International Traffic in Arms Regulations, Export Administration Regulations, Federal Aviation Administration’s rules and regulations regarding the sale of aircraft registered in the United States.
  • Successfully restructured a failing transaction for $22M from a straight equity purchase to one involving convertible debt where the initial structure agreed upon by a private equity fund and a former 8(a) participant would cause a loss of all legacy 8(a) contracts.
  • Successful closure of a $27M acquisition of cybersecurity contractor in the federal space with critical certifications and security clearance issues due to the new owners’ ties to foreign entities and individuals.
  • Successful closure of a $23M sale of an IT company with significant small business contracts where recertification had to be avoided.
  • Successful closure of dozens of deals ranging from $150K to $5M where entire companies or assets were sold to include federal contracts and where compliance with SBA regulations was critical to the transaction.
  • Created strategies and executing strategies for forming new entities to work in the federal sector while avoiding affiliation and recertification concerns with long-standing and ongoing companies working in the same or similar lines of business.

Representative Cases

Size/Status Protests, Appeals, and Certifications:

  • Successfully appealed SBA’s determination that a small business prime contractor was affiliated with a large business based upon economic dependence in prior years where the facts and circumstances leading to a possible finding of economic dependence ceased to exist a month prior to the date the small business submitted its proposal. See OBXtek, Inc., SBA No. SIZ-5451 (2013)
  • Successfully appealed the SBA’s determination that a tribally owned entity was affiliated with it sister companies due to support it received from the tribally owned parent company. See Roundhouse PBN, LLC, SBA No. SIZ-5383 (2012)
  • Successfully defended multiple size protests and size appeals in cases regarding the applicability of the ostensible subcontractor rule to procurements for supplies (as opposed to services), which are subject to the non-manufacturer rule. See Labatt Food Service, SBA No. SIZ-4851 (2007); M&S Foods LTD. Co., SBA No. SIZ-4971 (2008); M&S Foods LTD. Co., SBA No. SIZ-4988 (2008); Tulsa Fruit Company, Inc., SBA No. SIZ-5015 (2008); Hardie’s Fruit and Vegetable Co. South, LP, SBA No. SIZ-5058 (2009); Hardie’s Fruit and Vegetable Co. South, LP and Tulsa Fruit Company, Inc., SBA No. SIZ-5156 (2010); see also, Hardie’s Fruit and Vegetable Co. South, LP v. U.S., Docket No. 08-534C (2008) (order unpublished); Hardie’s Fruit and Vegetable Co. South, LP v. U.S., 329 Fed. Appx. 264 (Fed. Cir. 2009) (on appeal – case dismissed)

Bid Protests:

  • Secured a preliminary injunction preventing The Bureau of Indian Affairs from moving forward with corrective action taken in response to a GAO protest filed by a competitor that included the award of an interim contract to that competitor. Due to the injunction the client received the award of the interim contract itself worth over $250,000 a month. Cherokee Nation Technologies, LLC v. United States, 116 Fed. Cl. 636 (2014)
  • Secured a temporary restraining order and preliminary injunction preventing the U.S. Army from awarding a contract to a competitor prior to a ruling from OHA on a size appeal. See Metters Indus., Inc. v. U.S., Docket No. 13-116C (Fed. Cl. 2013)
  • Successfully protested a $12 billion IDIQ contract award on the basis that the Department of Veterans Affairs failed to adequately document its cost/technical trade-off determination. See Standard Communications v. U.S., 101 Fed. Cl. 723 (2011)
  • Successfully protested agency’s failure to set $75 million task order aside for small businesses. See Delex Systems, Inc., B-400403 (Oct. 8, 2008)
  • Successfully protested to U.S. Court of Federal Claims a $50B General Services Administration multiple award Alliant procurement. See Serco, Inc., et al. v. United States, 81 Fed. Cl. 463 (2008)
  • Successfully protested awards made pursuant to $630 million U.S. Army Corps of Engineers procurement in Doyon-American Mechanical, JV; NAJV, LLC, B 310003; B 310003.2 (Nov. 15, 2007)

Insights

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Articles

  • SBA Issues More New Guidance on PPP Loan Forgiveness, PilieroMazza Client Alert, 08.05.20
  • BLOG: CMMC Heads to the STARS: Important Cybersecurity Provisions in GSA’s 8(a) STARS III RFP, The PM Legal Minute Blog, 07.22.20
  • GSA and SBA Issue Additional Guidance on Bidding Through Joint Ventures for STARS III, PilieroMazza Client Alert, 07.20.20
  • STARS III: Simultaneous Bidding as Prime Contractor and Managing Member of JV, or Bidding as Managing Member Under Multiple JVs, PilieroMazza Client Alert, 07.16.20
  • Senate Passes PPP Loan Application Deadline Extension, More Than $130 Billion Still Unclaimed, PilieroMazza Client Alert, 07.01.20
  • SBA and Treasury Release New PPP Application Forms, 06.19.20
  • SBA and Treasury Release New PPP Application Forms, PilieroMazza Client Alert, 06.19.20
  • Treasury and SBA to Make Changes Regarding Enactment of PPP Flexibility Act, PilieroMazza Client Alert, 06.09.20
  • Congress Approves Significant Changes to SBA’s Paycheck Protection Program, PilieroMazza Client Alert, 06.04.20
  • The Paycheck Protection Program Loan Forgiveness Application: Cracking the Code and Deciphering the Confusion, PilieroMazza Client Alert, 05.28.20
  • House Passes Legislation Modifying Existing PPP Regulations, PilieroMazza Client Alert, 05.28.20
  • BLOG: CARES Act Section 3610 – Part 2: A Rock and A Hard Place, The PM Legal Minute Blog, 05.27.20
  • BLOG: CARES Act Section 3610 – Part 1: Confusion and Shifting Sands, The PM Legal Minute Blog, 05.27.20
  • DOD Issues New CARES Act, Section 3610 Guidance, PilieroMazza Client Alert, 05.19.20
  • SBA Issues Long-Awaited PPP Loan Forgiveness Application, PilieroMazza Client Alert, 05.18.20
  • SBA, Treasury Issue New Guidance Concerning Good-Faith Certification on the Necessity of Their Loan Request, PilieroMazza Client Alert, 05.13.20
  • House Introduces Legislation To Modify Existing PPP Regulations, PilieroMazza Client Alert, 05.12.20
  • House Introduces Legislation To Modify Existing PPP Regulations, PilieroMazza Client Alert, 05.12.20
  • House Introduces New Legislation Allowing Startups To Access PPP Funding, 05.12.20
  • New Senate Bill Could Make PPP Expenses Tax Deductible, PilieroMazza Client Alert, 05.07.20
  • CARES Act and PPP: Important Updates Regarding Loan Forgiveness Calculations and Returns, PilieroMazza Client Alert, 05.06.20
  • Contracting Officers Can Pay You Even If the Contract Is Shut Down!, PilieroMazza Client Alert, 03.27.20
  • BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 3 – The Ugly, The PM Legal Minute Blog, 01.29.20
  • BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 2 – The Bad, The PM Legal Minute Blog, 01.24.20
  • BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 1 – The Good, The PM Legal Minute Blog, 01.02.20
  • BLOG: A Thank You to the Small Business Administration: SBA Takes a Stand on OIG’s Approach to Suspension and Debarment, The PM Legal Minute Blog, 10.16.19
  • BLOG: Cybersecurity, Implied Certifications, and the False Claims Act, The PM Legal Minute Blog, 07.22.19
  • Is Cyber Insurance Worthless in the Age of Quasi-State-Sponsored Hacking?, The PM Legal Minute Blog, 03.08.19
  • TINA Traps: Defective Pricing in Competitively Awarded IDIQ Contracts, The PM Legal Minute Blog, 02.13.19
  • Avoiding Flat Tires When Acquiring IDIQ Contract Vehicles, The PM Legal Minute Blog, 11.30.18
  • 809 Panel Seemingly Switches Focus of Protest Recommendations, The PM Legal Minute Blog, 10.09.18
  • 809 Panel Likely to Scale Back Harmful Small Business Recommendations, The PM Legal Minute Blog, 10.04.18
  • How to Walk in the Valley of the Shadow of Death: Strategies for Mid-Tier Federal Contractors, The PM Legal Minute Blog, 08.10.18
  • Section 809 Panel’s Recommendations on Bid Protests May Cause Major Headaches for Contractors, 05.25.18
  • Legislative Remedies for Surviving Midsize, The PM Legal Minute Blog, 05.10.18
  • The Section 809 Panel’s Recommendations on Bid Protests May Cause Major Headaches for Contractors, The PM Legal Minute Blog, 05.02.18
  • Do Millennials Pose a Retention Risk?, The PM Legal Minute Blog, 03.06.18
  • Do Millennials Pose a Retention Risk? According to GAO, It’s Reasonable For Agencies to Consider It, 03.06.18
  • SBA’s Office of Hearings and Appeals Clarifies the (Not So Obvious) Effect of Size and Status Recertifications, The PM Legal Minute Blog, 02.21.18
  • Legal Advisor Newsletter – First Quarter 2018, The Legal Advisor, 02.14.18
  • The Sisyphean Labor of the DAR Council: Segregation and Reintegration Data Rights, The PM Legal Minute Blog, 09.01.17
  • Licensing Third Party Software for Use in Federal Contracts, The PM Legal Minute Blog, 07.18.17
  • The Firm Fixed Myth, The PM Legal Minute Blog, 05.12.17
  • Are Agencies Ignoring SBA’s Application of the Nonmanufacturer Rule to Resellers of Major Commercial Software?, The PM Legal Minute Blog, 03.07.17
  • The Firm Fixed Price Profits Reduction Clause: Government Takes All the Benefits and None of the Risk?, The PM Legal Minute Blog, 11.11.16
  • Non-Commercial Computer Software Rights and Government Misconceptions About What It Buys, The PM Legal Minute Blog, 10.18.16
  • GAO Clarifies Rules Regarding the Use of Key Personnel Past Performance, The PM Legal Minute Blog, 06.17.16
  • What is Technical Data and How Do You Protect It, The PM Legal Minute Blog, 06.07.16
  • Data Rights Under Federal Government Contracts: What Are Data rights?, The PM Legal Minute Blog, 04.14.16
  • SBA Closes the Door on Resellers of Major Commercial Software, The PM Legal Minute Blog, 02.15.16
  • SBA Closes the Door on Resellers of Major Commercial Software – Cy Alba – Set-Aside Alert, 02.05.16
  • Kingdomware Vs. the VA: Supreme Court Case to be Dismissed?, The PM Legal Minute Blog, 11.06.15
  • “March-in” Rights – The (Paper) Damoclean Sword of Federal Procurement Patent Law, The PM Legal Minute Blog, 08.27.15
  • The Unappealable 8(a) Denial, The PM Legal Minute Blog, 07.06.15
  • The Unappealable 8(a) Denial – Cy Alba, Set-Aside Alert, 06.26.15
  • Once 8(a) Competitive, Not Always 8(a) Competitive, The PM Legal Minute Blog, 05.21.15
  • GAO Allows New Company to Rely Upon Owner’s Personal Past Performance, The PM Legal Minute Blog, 03.18.15
  • GAO and COFC Task Order Jurisdiction – To Count or Not To Count Option Periods, The PM Legal Minute Blog, 12.22.14
  • Weather-Related Delays at Locations Other Than the Government Facility? No Excuse for A Late Proposal, The PM Legal Minute Blog, 10.28.14
  • SBA Regulation Invalidated by Court of Federal Claims: Nonmanufacturer Rule Applies to Supply Portions of Service Contracts, The PM Legal Minute Blog, 09.24.14
  • Prompt Payment Act Interest Decreases, The PM Legal Minute Blog, 07.01.14
  • Inflation Adjustments Coming to Small Business Size Standards, The PM Legal Minute Blog, 06.13.14
  • Do You Own the Intellectual Property Created by Your Employees?, The PM Legal Minute Blog, 03.24.14
  • Military Contract Appeals Board Case Shows Risks of Fraud – Cy Alba, Law360, 09.20.13
  • What Every Small Business Should Know: Key Provisions in the National Defense Authorization Act of FY2013 – Cy Alba, Set-Aside Alert, 01.25.13
  • The Mentor-Protege Dilemma – Cy Alba, Set-Aside Alert, 05.18.12

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Events

  • WEBINAR: PCI Subcontracting Summit 2020: Administration, Webinar, 11.24.20
  • WEBINAR: PCI Subcontracting Summit 2020: Purchasing Systems, 10.27.20
  • WEBINAR: Comparing and Contrasting Set-Aside Advantages, Webinar, 10.07.20
  • WEBINAR: Impact and Potential Pitfalls of CARES Act / 3610 and PPP Flexibility Act on Government Contractors, Webinar, 09.23.20
  • WEBINAR: PCI Subcontracting Summit 2020: Subcontract Pricing, Webinar, 09.22.20
  • Exiting From the Valley of the Shadow of Death: Successful Growth Strategies for Small Businesses Moving to the Mid-Tier, PilieroMazza Webinar, 09.16.20
  • Shoot for the STARS: Q&A with SBA’s John Klein on GSA’s 8(a) STARS III RFP, PilieroMazza Webinar, 08.03.20
  • WEBINAR: Reaching for the STARS III: What Businesses Need to Know to Successfully Compete, Webinar, 07.16.20
  • WEBINAR: Section 3610 & PPP Flexibility: Further Guidance Updates for Government Contractors, 06.25.20
  • WEBINAR: PPP Forgiveness—Is It Forgivable?, 06.09.20
  • WEBINAR: PCI Subcontracting Summit 2020: Subcontracting Plans, 05.26.20
  • WEBINAR: COVID-19 Legislation: What Federal Contractors Need to Know, 05.20.20
  • WEBINAR: PCI Subcontracting Summit 2020: Flowdowns, 04.28.20
  • WEBINAR: CIO-SP4: A Virtual Town Hall Webinar, 04.23.20
  • WEBINAR: COVID-19 Virtual Town Hall Meeting, 04.07.20
  • WEBINAR: COVID-19 Survival: The $2 Trillion CARES Act and Your Business, Webinar, 04.01.20
  • WEBINAR: COVID-19: PilieroMazza Addresses Client Concerns on the Impact to Their Business, 03.18.20
  • COVID-19: PilieroMazza Addresses Client Concerns on the Impact to Their Business, 03.18.20
  • WEBINAR: PCI Subcontracting Summit 2020: Joint Ventures and Teaming Agreements, 02.25.20
  • WEBINAR: PCI Subcontracting Summit 2020: Overview of Subcontracting and FAR Part 44, 01.28.20
  • Understanding and Avoiding Affiliation under Small Business Contracting Programs, Webinar, 01.17.20
  • WEBINAR: PCI Subcontracting Summit 2019: Administration, 11.19.19
  • GovCon Tips for M&A in 2020!, 10.30.19
  • WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, 10.22.19
  • WEBINAR: PCI Subcontracting Summit 2019: Subcontract Pricing, 09.24.19
  • WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, 09.19.19
  • Navigating the FAR/DFARS: The Most Confusing and Little Known Clauses, Webinar, 07.10.19
  • PODCAST: GovCon Live! Episode 1 – Protecting Your Data Rights with Cy Alba, 05.01.19
  • “Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks”, Webinar, 04.17.19
  • Webinar: How Federal Contractors Can Survive the Government Shutdown, Webinar, 01.25.19
  • PilieroMazza and M&T Bank Present a New and Growing Company Seminar Series, Webinar, 12.04.18
  • Got Gov Con Questions? We’ve Got Answers!, Webinar, 07.12.18
  • Webinar: Mergers & Acquisitions for Government Contractors, Webinar, 06.27.18
  • govmates Institute of Procurement, Webinar, 06.06.18
  • Getting Clarity: Successful GovCon Growth & Sell Strategies, Webinar, 03.08.18
  • Capture Planning Session, 01.01.70
  • WEBINAR: PCI Subcontracting Summit 2020: Risk Management, 01.01.70

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News

  • CIO-SP4 For Government Contractors With Cy Alba, 05.18.20
  • CARES Act Small Business Workshop Spotlights Cy Alba, 04.20.20
  • ANNOUNCEMENT: PilieroMazza Forms “COVID-19 Client Response Team”, 03.18.20
  • PilieroMazza Represents BWM Outcomes in Acquisition by Bluestone Investment Partners and Intrepid Solutions and Services, 11.25.19
  • PilieroMazza Institutes “Walking the Talk” Operating Principles and Creates New Role for Client Engagement, 06.19.19
  • PilieroMazza is at the NCMA SubCon Training Workshops today, 03.28.19

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Podcasts

  • Ex Rel. Radio – Cybersecurity, Implied Certifications, and the False Claims Act, 07.29.19
  • Protecting Your Data Rights, 05.01.19

Activities/Honors

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Activities

  • Instructor, George Mason University, Masters Academy, Government Contracting, Present

Honors

  • Rising Star, Government Contracts Law, Washington, D.C., Super Lawyers®, 2013–2019
Bio Representative Matters Insights Credentials Activities/Honors

Cy counsels clients on a broad range of government contracting matters before government agencies and federal courts, which includes overall regulatory compliance with the Small Business Administration’s (SBA) small business programs. He represents small and mid-sized government contractors looking to structure compliant teaming, joint venture, and mentor-protégé agreements. Cy also handles the prosecution and defense of small-business size and status protests; appeals before the SBA and the Office of Hearings and Appeals; as well as bid protests before the Government Accountability Office, the Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit.

Cy’s work for federal contractors includes the preparation, negotiation, and prosecution of Contract Dispute Act claims, requests for equitable adjustment, termination for convenience settlements, and defense of suspensions and debarments.  He also works with clients on the preparation of  Organizational Conflict of Interest (OCI) mitigation plans and related OCI concerns, as well as intellectual property licensing, copyright, trademark, and data rights issues under the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement.

Working closely with PilieroMazza’s Business & Corporate Group, Cy assists federal contractors to structure mergers and acquisitions, corporate restructurings, and partner buyouts to ensure these transactions meet the client’s objectives and are compliant with federal procurement laws and regulations.  Transactions typically range from small transactions to single acquisitions valued at $100M.

Cy also counsels clients on certain International Traffic in Arms Regulations compliance issues and the preparation of technical assistance agreements and/or manufacturing licensing agreements for the export of defense articles and data.

Read More Read Less

Related Practice Areas

  • Government Contracts
  • Litigation & Dispute Resolution
  • Business & Corporate
  • Intellectual Property & Technology Rights
  • Labor & Employment
  • Audits & Investigations
  • Cybersecurity & Data Privacy
  • False Claims Act
  • Mergers & Acquisitions Old Name

Representative Experience

Size/Status Protests, Appeals, and Certifications:

  • Overturned multiple determinations from the VA’s Center for Veterans Enterprise for SDVOSB companies when told they failed to meet the regulatory requirements for certification
  • Successful defense against proposed decertifications from the SBA HUBZone program for multiple clients based upon alleged violations of the HUBZone rules and regulations
  • Successful Requests for Reconsideration and appeals of 8(a) application denials based upon findings ranging from identity of interest affiliation to alleged violations of the Newly Organized Concern Rule

Claims and Negotiations:

  • Successfully negotiated a claim for bad faith termination for convenience due based upon improper motives of the contracting officer resulting in the payment of $300,000 to the client for costs incurred and lost profits on the terminated work.
  • Successfully defended a claim from DCAA for approximately $500,000 based upon the DCAA’s failure to demand repayment within the applicable statute of limitations timeframe.
  • Successfully prosecuted a claim for removal of an improper and unfair CPARs, resulting in the immediate removal of the CPARs and all references or other indications of the existence of the CPAR stricken from all government records.
  • Successfully prosecuted and negotiated construction claims, including delays, differing site conditions, and government breaches of the duties to cooperate and not to hinder and the duty of good faith and fair dealing.
  • Successful negotiation of a claim, and avoidance of a DCAA audit, resulting in immediate payment of $1.2 million to a contractor where a supervisory contracting officer attempted to cancel modifications increasing the value of the contract after determining that the modification should never have been issued and after failing to pay the contractor based upon those modifications for over two years.

Suspensions and Debarments:

  • Successfully defended two separate proposed debarment actions based upon alleged violations of SBA HUBZone rules and regulations.
  • Successfully negotiated resolution to a proposed termination for default and debarment despite a 30% failure rate in the emergency detection items being delivered.
  • Successfully defended an SDVOSB being debarred for alleged failures to comply with the program requirements after years of being in the program and winning multiple SDVOSB awards.

Mergers &Acquisitions, Corporate Restructuring:

  • Successful negotiation of a $100M sale of a staffing firm to a private equity company where small business compliance and avoiding recertification was paramount.
  • Successful closure of a $50M sale of an aerial surveillance company to a foreign buyer, requiring the resolution of various problems relating to the International Traffic in Arms Regulations, Export Administration Regulations, Federal Aviation Administration’s rules and regulations regarding the sale of aircraft registered in the United States.
  • Successfully restructured a failing transaction for $22M from a straight equity purchase to one involving convertible debt where the initial structure agreed upon by a private equity fund and a former 8(a) participant would cause a loss of all legacy 8(a) contracts.
  • Successful closure of a $27M acquisition of cybersecurity contractor in the federal space with critical certifications and security clearance issues due to the new owners’ ties to foreign entities and individuals.
  • Successful closure of a $23M sale of an IT company with significant small business contracts where recertification had to be avoided.
  • Successful closure of dozens of deals ranging from $150K to $5M where entire companies or assets were sold to include federal contracts and where compliance with SBA regulations was critical to the transaction.
  • Created strategies and executing strategies for forming new entities to work in the federal sector while avoiding affiliation and recertification concerns with long-standing and ongoing companies working in the same or similar lines of business.

Representative Cases

Size/Status Protests, Appeals, and Certifications:

  • Successfully appealed SBA’s determination that a small business prime contractor was affiliated with a large business based upon economic dependence in prior years where the facts and circumstances leading to a possible finding of economic dependence ceased to exist a month prior to the date the small business submitted its proposal. See OBXtek, Inc., SBA No. SIZ-5451 (2013)
  • Successfully appealed the SBA’s determination that a tribally owned entity was affiliated with it sister companies due to support it received from the tribally owned parent company. See Roundhouse PBN, LLC, SBA No. SIZ-5383 (2012)
  • Successfully defended multiple size protests and size appeals in cases regarding the applicability of the ostensible subcontractor rule to procurements for supplies (as opposed to services), which are subject to the non-manufacturer rule. See Labatt Food Service, SBA No. SIZ-4851 (2007); M&S Foods LTD. Co., SBA No. SIZ-4971 (2008); M&S Foods LTD. Co., SBA No. SIZ-4988 (2008); Tulsa Fruit Company, Inc., SBA No. SIZ-5015 (2008); Hardie’s Fruit and Vegetable Co. South, LP, SBA No. SIZ-5058 (2009); Hardie’s Fruit and Vegetable Co. South, LP and Tulsa Fruit Company, Inc., SBA No. SIZ-5156 (2010); see also, Hardie’s Fruit and Vegetable Co. South, LP v. U.S., Docket No. 08-534C (2008) (order unpublished); Hardie’s Fruit and Vegetable Co. South, LP v. U.S., 329 Fed. Appx. 264 (Fed. Cir. 2009) (on appeal – case dismissed)

Bid Protests:

  • Secured a preliminary injunction preventing The Bureau of Indian Affairs from moving forward with corrective action taken in response to a GAO protest filed by a competitor that included the award of an interim contract to that competitor. Due to the injunction the client received the award of the interim contract itself worth over $250,000 a month. Cherokee Nation Technologies, LLC v. United States, 116 Fed. Cl. 636 (2014)
  • Secured a temporary restraining order and preliminary injunction preventing the U.S. Army from awarding a contract to a competitor prior to a ruling from OHA on a size appeal. See Metters Indus., Inc. v. U.S., Docket No. 13-116C (Fed. Cl. 2013)
  • Successfully protested a $12 billion IDIQ contract award on the basis that the Department of Veterans Affairs failed to adequately document its cost/technical trade-off determination. See Standard Communications v. U.S., 101 Fed. Cl. 723 (2011)
  • Successfully protested agency’s failure to set $75 million task order aside for small businesses. See Delex Systems, Inc., B-400403 (Oct. 8, 2008)
  • Successfully protested to U.S. Court of Federal Claims a $50B General Services Administration multiple award Alliant procurement. See Serco, Inc., et al. v. United States, 81 Fed. Cl. 463 (2008)
  • Successfully protested awards made pursuant to $630 million U.S. Army Corps of Engineers procurement in Doyon-American Mechanical, JV; NAJV, LLC, B 310003; B 310003.2 (Nov. 15, 2007)

Articles

  • SBA Issues More New Guidance on PPP Loan Forgiveness, PilieroMazza Client Alert, 08.05.20
  • BLOG: CMMC Heads to the STARS: Important Cybersecurity Provisions in GSA’s 8(a) STARS III RFP, The PM Legal Minute Blog, 07.22.20
  • GSA and SBA Issue Additional Guidance on Bidding Through Joint Ventures for STARS III, PilieroMazza Client Alert, 07.20.20
  • STARS III: Simultaneous Bidding as Prime Contractor and Managing Member of JV, or Bidding as Managing Member Under Multiple JVs, PilieroMazza Client Alert, 07.16.20
  • Senate Passes PPP Loan Application Deadline Extension, More Than $130 Billion Still Unclaimed, PilieroMazza Client Alert, 07.01.20
  • SBA and Treasury Release New PPP Application Forms, 06.19.20
  • SBA and Treasury Release New PPP Application Forms, PilieroMazza Client Alert, 06.19.20
  • Treasury and SBA to Make Changes Regarding Enactment of PPP Flexibility Act, PilieroMazza Client Alert, 06.09.20
  • Congress Approves Significant Changes to SBA’s Paycheck Protection Program, PilieroMazza Client Alert, 06.04.20
  • The Paycheck Protection Program Loan Forgiveness Application: Cracking the Code and Deciphering the Confusion, PilieroMazza Client Alert, 05.28.20
  • House Passes Legislation Modifying Existing PPP Regulations, PilieroMazza Client Alert, 05.28.20
  • BLOG: CARES Act Section 3610 – Part 2: A Rock and A Hard Place, The PM Legal Minute Blog, 05.27.20
  • BLOG: CARES Act Section 3610 – Part 1: Confusion and Shifting Sands, The PM Legal Minute Blog, 05.27.20
  • DOD Issues New CARES Act, Section 3610 Guidance, PilieroMazza Client Alert, 05.19.20
  • SBA Issues Long-Awaited PPP Loan Forgiveness Application, PilieroMazza Client Alert, 05.18.20
  • SBA, Treasury Issue New Guidance Concerning Good-Faith Certification on the Necessity of Their Loan Request, PilieroMazza Client Alert, 05.13.20
  • House Introduces Legislation To Modify Existing PPP Regulations, PilieroMazza Client Alert, 05.12.20
  • House Introduces Legislation To Modify Existing PPP Regulations, PilieroMazza Client Alert, 05.12.20
  • House Introduces New Legislation Allowing Startups To Access PPP Funding, 05.12.20
  • New Senate Bill Could Make PPP Expenses Tax Deductible, PilieroMazza Client Alert, 05.07.20
  • CARES Act and PPP: Important Updates Regarding Loan Forgiveness Calculations and Returns, PilieroMazza Client Alert, 05.06.20
  • Contracting Officers Can Pay You Even If the Contract Is Shut Down!, PilieroMazza Client Alert, 03.27.20
  • BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 3 – The Ugly, The PM Legal Minute Blog, 01.29.20
  • BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 2 – The Bad, The PM Legal Minute Blog, 01.24.20
  • BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 1 – The Good, The PM Legal Minute Blog, 01.02.20
  • BLOG: A Thank You to the Small Business Administration: SBA Takes a Stand on OIG’s Approach to Suspension and Debarment, The PM Legal Minute Blog, 10.16.19
  • BLOG: Cybersecurity, Implied Certifications, and the False Claims Act, The PM Legal Minute Blog, 07.22.19
  • Is Cyber Insurance Worthless in the Age of Quasi-State-Sponsored Hacking?, The PM Legal Minute Blog, 03.08.19
  • TINA Traps: Defective Pricing in Competitively Awarded IDIQ Contracts, The PM Legal Minute Blog, 02.13.19
  • Avoiding Flat Tires When Acquiring IDIQ Contract Vehicles, The PM Legal Minute Blog, 11.30.18
  • 809 Panel Seemingly Switches Focus of Protest Recommendations, The PM Legal Minute Blog, 10.09.18
  • 809 Panel Likely to Scale Back Harmful Small Business Recommendations, The PM Legal Minute Blog, 10.04.18
  • How to Walk in the Valley of the Shadow of Death: Strategies for Mid-Tier Federal Contractors, The PM Legal Minute Blog, 08.10.18
  • Section 809 Panel’s Recommendations on Bid Protests May Cause Major Headaches for Contractors, 05.25.18
  • Legislative Remedies for Surviving Midsize, The PM Legal Minute Blog, 05.10.18
  • The Section 809 Panel’s Recommendations on Bid Protests May Cause Major Headaches for Contractors, The PM Legal Minute Blog, 05.02.18
  • Do Millennials Pose a Retention Risk?, The PM Legal Minute Blog, 03.06.18
  • Do Millennials Pose a Retention Risk? According to GAO, It’s Reasonable For Agencies to Consider It, 03.06.18
  • SBA’s Office of Hearings and Appeals Clarifies the (Not So Obvious) Effect of Size and Status Recertifications, The PM Legal Minute Blog, 02.21.18
  • Legal Advisor Newsletter – First Quarter 2018, The Legal Advisor, 02.14.18
  • The Sisyphean Labor of the DAR Council: Segregation and Reintegration Data Rights, The PM Legal Minute Blog, 09.01.17
  • Licensing Third Party Software for Use in Federal Contracts, The PM Legal Minute Blog, 07.18.17
  • The Firm Fixed Myth, The PM Legal Minute Blog, 05.12.17
  • Are Agencies Ignoring SBA’s Application of the Nonmanufacturer Rule to Resellers of Major Commercial Software?, The PM Legal Minute Blog, 03.07.17
  • The Firm Fixed Price Profits Reduction Clause: Government Takes All the Benefits and None of the Risk?, The PM Legal Minute Blog, 11.11.16
  • Non-Commercial Computer Software Rights and Government Misconceptions About What It Buys, The PM Legal Minute Blog, 10.18.16
  • GAO Clarifies Rules Regarding the Use of Key Personnel Past Performance, The PM Legal Minute Blog, 06.17.16
  • What is Technical Data and How Do You Protect It, The PM Legal Minute Blog, 06.07.16
  • Data Rights Under Federal Government Contracts: What Are Data rights?, The PM Legal Minute Blog, 04.14.16
  • SBA Closes the Door on Resellers of Major Commercial Software, The PM Legal Minute Blog, 02.15.16
  • SBA Closes the Door on Resellers of Major Commercial Software – Cy Alba – Set-Aside Alert, 02.05.16
  • Kingdomware Vs. the VA: Supreme Court Case to be Dismissed?, The PM Legal Minute Blog, 11.06.15
  • “March-in” Rights – The (Paper) Damoclean Sword of Federal Procurement Patent Law, The PM Legal Minute Blog, 08.27.15
  • The Unappealable 8(a) Denial, The PM Legal Minute Blog, 07.06.15
  • The Unappealable 8(a) Denial – Cy Alba, Set-Aside Alert, 06.26.15
  • Once 8(a) Competitive, Not Always 8(a) Competitive, The PM Legal Minute Blog, 05.21.15
  • GAO Allows New Company to Rely Upon Owner’s Personal Past Performance, The PM Legal Minute Blog, 03.18.15
  • GAO and COFC Task Order Jurisdiction – To Count or Not To Count Option Periods, The PM Legal Minute Blog, 12.22.14
  • Weather-Related Delays at Locations Other Than the Government Facility? No Excuse for A Late Proposal, The PM Legal Minute Blog, 10.28.14
  • SBA Regulation Invalidated by Court of Federal Claims: Nonmanufacturer Rule Applies to Supply Portions of Service Contracts, The PM Legal Minute Blog, 09.24.14
  • Prompt Payment Act Interest Decreases, The PM Legal Minute Blog, 07.01.14
  • Inflation Adjustments Coming to Small Business Size Standards, The PM Legal Minute Blog, 06.13.14
  • Do You Own the Intellectual Property Created by Your Employees?, The PM Legal Minute Blog, 03.24.14
  • Military Contract Appeals Board Case Shows Risks of Fraud – Cy Alba, Law360, 09.20.13
  • What Every Small Business Should Know: Key Provisions in the National Defense Authorization Act of FY2013 – Cy Alba, Set-Aside Alert, 01.25.13
  • The Mentor-Protege Dilemma – Cy Alba, Set-Aside Alert, 05.18.12

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Events

  • WEBINAR: PCI Subcontracting Summit 2020: Administration, Webinar, 11.24.20
  • WEBINAR: PCI Subcontracting Summit 2020: Purchasing Systems, 10.27.20
  • WEBINAR: Comparing and Contrasting Set-Aside Advantages, Webinar, 10.07.20
  • WEBINAR: Impact and Potential Pitfalls of CARES Act / 3610 and PPP Flexibility Act on Government Contractors, Webinar, 09.23.20
  • WEBINAR: PCI Subcontracting Summit 2020: Subcontract Pricing, Webinar, 09.22.20
  • Exiting From the Valley of the Shadow of Death: Successful Growth Strategies for Small Businesses Moving to the Mid-Tier, PilieroMazza Webinar, 09.16.20
  • Shoot for the STARS: Q&A with SBA’s John Klein on GSA’s 8(a) STARS III RFP, PilieroMazza Webinar, 08.03.20
  • WEBINAR: Reaching for the STARS III: What Businesses Need to Know to Successfully Compete, Webinar, 07.16.20
  • WEBINAR: Section 3610 & PPP Flexibility: Further Guidance Updates for Government Contractors, 06.25.20
  • WEBINAR: PPP Forgiveness—Is It Forgivable?, 06.09.20
  • WEBINAR: PCI Subcontracting Summit 2020: Subcontracting Plans, 05.26.20
  • WEBINAR: COVID-19 Legislation: What Federal Contractors Need to Know, 05.20.20
  • WEBINAR: PCI Subcontracting Summit 2020: Flowdowns, 04.28.20
  • WEBINAR: CIO-SP4: A Virtual Town Hall Webinar, 04.23.20
  • WEBINAR: COVID-19 Virtual Town Hall Meeting, 04.07.20
  • WEBINAR: COVID-19 Survival: The $2 Trillion CARES Act and Your Business, Webinar, 04.01.20
  • WEBINAR: COVID-19: PilieroMazza Addresses Client Concerns on the Impact to Their Business, 03.18.20
  • COVID-19: PilieroMazza Addresses Client Concerns on the Impact to Their Business, 03.18.20
  • WEBINAR: PCI Subcontracting Summit 2020: Joint Ventures and Teaming Agreements, 02.25.20
  • WEBINAR: PCI Subcontracting Summit 2020: Overview of Subcontracting and FAR Part 44, 01.28.20
  • Understanding and Avoiding Affiliation under Small Business Contracting Programs, Webinar, 01.17.20
  • WEBINAR: PCI Subcontracting Summit 2019: Administration, 11.19.19
  • GovCon Tips for M&A in 2020!, 10.30.19
  • WEBINAR: PCI Subcontracting Summit 2019: Purchasing Systems, 10.22.19
  • WEBINAR: PCI Subcontracting Summit 2019: Subcontract Pricing, 09.24.19
  • WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, 09.19.19
  • Navigating the FAR/DFARS: The Most Confusing and Little Known Clauses, Webinar, 07.10.19
  • PODCAST: GovCon Live! Episode 1 – Protecting Your Data Rights with Cy Alba, 05.01.19
  • “Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks”, Webinar, 04.17.19
  • Webinar: How Federal Contractors Can Survive the Government Shutdown, Webinar, 01.25.19
  • PilieroMazza and M&T Bank Present a New and Growing Company Seminar Series, Webinar, 12.04.18
  • Got Gov Con Questions? We’ve Got Answers!, Webinar, 07.12.18
  • Webinar: Mergers & Acquisitions for Government Contractors, Webinar, 06.27.18
  • govmates Institute of Procurement, Webinar, 06.06.18
  • Getting Clarity: Successful GovCon Growth & Sell Strategies, Webinar, 03.08.18
  • Capture Planning Session, 01.01.70
  • WEBINAR: PCI Subcontracting Summit 2020: Risk Management, 01.01.70

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News

  • CIO-SP4 For Government Contractors With Cy Alba, 05.18.20
  • CARES Act Small Business Workshop Spotlights Cy Alba, 04.20.20
  • ANNOUNCEMENT: PilieroMazza Forms “COVID-19 Client Response Team”, 03.18.20
  • PilieroMazza Represents BWM Outcomes in Acquisition by Bluestone Investment Partners and Intrepid Solutions and Services, 11.25.19
  • PilieroMazza Institutes “Walking the Talk” Operating Principles and Creates New Role for Client Engagement, 06.19.19
  • PilieroMazza is at the NCMA SubCon Training Workshops today, 03.28.19

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Podcasts

  • Ex Rel. Radio – Cybersecurity, Implied Certifications, and the False Claims Act, 07.29.19
  • Protecting Your Data Rights, 05.01.19

Education

  • The Catholic University of America, Columbus School of Law, J.D., 2004, cum laude
  • Saint Joseph’s University, B.A., 2001

Admissions

  • District of Columbia
  • Massachusetts
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, District of Columbia

Activities

  • Instructor, George Mason University, Masters Academy, Government Contracting, Present

Honors

  • Rising Star, Government Contracts Law, Washington, D.C., Super Lawyers®, 2013–2019
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