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SBA Information Notice Provides Guidance on SBA's Interpretation of the Small Business Runway Extension Act of 2018

We recently wrote about the Small Business Runway Extension Act (Runway Extension Act), which President Trump signed into law on December 17, 2018. Under the Runway Extension Act, for industries with receipts-based size...more

Weekly Update Newsletter - December 2018 #3

GOVERNMENT CONTRACTING - A former National Aeronautics and Space Administration (NASA) Facility Chief pleaded guilty to receiving illegal gratuities. Steven Eric Kremer, a former Chief of the Range and Mission Management...more

Key Considerations for Government Contractors Facing a Government Shutdown

A government shutdown is looming once again. Congress has already passed five of the twelve FY 2019 funding bills, which fund 70% of the government through September 2019, through two vehicles. H.R. 6157 includes funding for...more

GAO Considers Impact of Department of Defense Enhanced Debriefing Rights on Protest Timeliness Requirements

In a recent GAO decision, State Women Corporation, B-416510 (July 12, 2018), GAO denied a protest as untimely after considering the impact of the Department of Defense’s (“DoD”) new enhanced post-award debriefing procedures...more

Legal Advisor Newsletter - Second Quarter 2018

The Mandatory Disclosure Rule: Mitigating Risk When the Requirement for Disclosure Is Not Clear - Most federal contractors are aware that the mandatory disclosure rule requires that contractors timely disclose “credible...more

DoD Issues Class Deviation to Implement Enhanced Postaward Debriefing Requirements from FY 2018 NDAA

On Thursday, March 22, the Department of Defense (“DoD”) issued a Federal Acquisition Regulation (“FAR”) class deviation in light of the enhanced postaward debriefing rights required by Section 818 of the National Defense...more

Enhanced Post-Award Debriefing Requirements Included in Final Version of FY 2018 NDAA

We recently wrote about enhanced post-award debriefing requirements included in the Senate’s version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2018 [read article here]. The final NDAA signed into law...more

Enhanced DoD Debriefing Requirements in the Senate Version of the FY 2018 NDAA May Reduce Bid Protests

On September 18, 2017, the Senate passed its version of the National Defense Authorization Act (“NDAA”) which authorizes nearly $700 billion in defense spending for Fiscal Year 2018 and contains significant procurement reform...more

DOT’s DBE Program Helps Promote Growth

The U.S. Department of Transportation (“DOT”) Disadvantaged Business Enterprise (“DBE”) Program provides opportunities for small businesses, owned and controlled by socially and economically disadvantaged individuals, Tribes...more

Navigating Your DBE Certification

The Department of Transportation’s (“DOT”) Disadvantage Business Enterprise (“DBE”) program is not as well-known as the Small Business Administration’s (“SBA”) 8(a) and other small business programs, but it offers an...more

PilieroMazza Legal Advisor - Fourth Quarter

On October 24, on the eve of its implementation, the U.S. District Court for the Eastern District of Texas issued a nationwide order halting the implementation of the bulk of Executive Order 13673, Fair Pay Safe Workplaces,...more

Expiration of GAO’s Jurisdiction of Civilian Agency Task Order Protests Limits Government Contractor Options

As of October 1, the U.S. Government Accountability Office’s (“GAO”) jurisdiction over protests on civilian agency task orders valued at more than $10 million expired, leaving government contractors with limited grounds for...more

SBA Will Begin Accepting Applications for the New Small Business Mentor-Protégé Program on October 1, 2016

Late last month, SBA published its final rule establishing a government-wide mentor-protégé program for all small business concerns called the All Small Mentor-Protégé Program. The rule is set to become effective on August...more

False Claims Act Penalties Set for Significant Increase Later This Year

Liability under the False Claims Act (“FCA”) results in the imposition of treble damages and penalties. Government contractors should be aware that the mandatory penalties for FCA violations may nearly double starting in...more

U.S. Supreme Court Hears Oral Argument on Implied Certification Theory of the False Claims Act

We recently wrote about an important case, Universal Health Services v. United States ex rel. Escobar, up for consideration by the Supreme Court which could have a large impact on government contractor liability under the...more

No Excuses for Untimely Proposal Submissions - Even if it's Not Your Fault

We recently wrote about issues bidders have faced with submitting proposals via FedConnect that have led to GAO concluding the bidders’ proposals were untimely. In line with these decisions, GAO has again demonstrated its...more

VA Proposes Significant Changes to Its VOSB/SDVOSB Verification Program

On November 6, the Department of Veterans Affairs (VA) issued a proposed rule amending its regulations governing the VA’s verification program for veteran owned small businesses (VOSBs) and service-disabled veteran owned...more

Making the Most of Your Minority-Owned Business Status

Congratulations! You’re already successfully operating your business as a small disadvantaged business in accordance with the Small Business Administration’s (SBA) regulations, perhaps as a part of SBA’s 8(a) Business...more

No Piggy-Backing Allowed: GAO Regulations Compel Offerors to File Their Own Protest Rather than Intervene

Last September, we wrote about the importance of an awardee intervening in a bid protest challenging the contract award before the U.S. Government Accountability Office (“GAO”). By intervening, the awardee protects its right...more

Possible Trouble for Contractors Who Use Consultants to Prepare Proposals

A recent GAO decision highlights the importance of understanding the extent to which the government’s request for proposals (RFP) allows for the use of consultants in assisting with proposal preparation. ...more

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