Maria Panichelli
Philadelphia
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Articles by Maria Panichelli
Here Comes the Boom: SBA Proposes New 8(a) “Social Disadvantage” Test
Summary General Overview of 8(a) Eligibility Criteria with a Focus on “Social Disadvantage” Description of Legal Developments in Last Few Years Impacting “Social Disadvantage” Summary of Proposed Changes Under new SBA Proposed Rule Jose A. Bernat Bacete/Moment via Getty Images Jump to: On June 11, 2026, the Small Business Administration (SBA) issued a much-anticipated proposed rule aimed at overhauling the 8(a) Business Development program.
Here Comes the Boom: SBA Proposes New 8(a) "Social Disadvantage" Test | JD Supra
On June 11, 2026, the Small Business Administration (SBA) issued a much-anticipated proposed rule aimed at overhauling the 8(a) Business Development Program. More specifically, the proposed rule, entitled "Reforms To Remove SBA's 8(a) Program's Rebuttable Presumption of Social Disadvantage" and codified at 91 Fed. Reg. 35433, would significantly alter how "social disadvantage" is established for purposes of 8(a) eligibility.
A Federal Contractor's Survival Guide To Executive Actions And DOGE-Related Impacts: Part 1—Unpaid Invoices And Terminations For Convenience | Open Legal Blog Archive
In recent months, federal contractors have seen an uptick in very specific types of contracting activity. As a result of various Executive Orders, and DOGE directives for agencies to conduct contract reviews and engage in mass contract cancellations, there has been a flurry of terminations for convenience, suspensions/stop-work orders, and contract modifications.
Executive Order Aims to Consolidate Procurement of Broadly Defined ‘Common Goods and Services’, All IT GWACs, under GSA | JD Supra
Another day, another executive order (EO) that will transform federal procurement as we know it.
Executive Order Aims to Consolidate Procurement of Broadly Defined ‘Common Goods and Services’, All IT GWACs, under GSA
Another day, another executive order (EO) that will transform federal procurement as we know it.
A Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience, Tariff-Related Impacts, and Other Issues Arising from Recent Executive Orders and DOGE Initiatives | McCarter & English Blog: Governme
March 10, 2025 To embed, copy and paste the code into your website or blog: Well, it is certainly an interesting time to be a federal government contractor. In the last few weeks, we have seen Executive Orders (EOs) flying fast and furious, and a lot of other activity impacting federal government contractors.
Pay Me What You Owe Me, Don’t Act Like You Forgot! | JD Supra
As much we all love Rihanna, it’s a real shame how many contractors have called me in the last few days with issues that remind me of her well-known “Pay Me What You Owe Me” lyrics. They’re brought to mind because contractors are – on an increasing basis – being denied payment on properly invoiced sums. In some cases, contractors have even been expressly advised by agency officials that they will not be paid at all for the foreseeable future.
A Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience, Tariff-Related Impacts, and Other Issues Arising from Recent Executive Orders and DOGE Initiatives
Well, it is certainly an interesting time to be a federal government contractor. In the last few weeks, we have seen Executive Orders (EOs) flying fast and furious, and a lot of other activity impacting federal government contractors. Overall, these various new developments have resulted in a flurry of contract modifications, suspensions, and terminations for convenience (and, in some cases, rounds of retractions, rescissions, and reissuances of same).
Pay Me What You Owe Me, Don’t Act Like You Forgot!
As much we all love Rihanna, it’s a real shame how many contractors have called me in the last few days with issues that remind me of her well-known “Pay Me What You Owe Me” lyrics. They’re brought to mind because contractors are – on an increasing basis – being denied payment on properly invoiced sums. In some cases, contractors have even been expressly advised by agency officials that they will not be paid at all for the foreseeable future.
New EO Demands Agencies Conduct Review of All Covered Contracts and Grants, Terminate or Modify To Reduce Spending, and Set Up System To Track and Justify All Future Payments | McCarter & English Blog: Government Contracts & Export Controls - JDSupra
On February 26, 2025, the White House issued another Executive Order (EO) that will have major implications for Federal government contractors across numerous industries and agencies.
New EO Demands Agencies Conduct Review of All Covered Contracts and Grants, Terminate or Modify To Reduce Spending, and Set Up System To Track and Justify All Future Payments
On February 26, 2025, the White House issued another Executive Order (EO) that will have major implications for Federal government contractors across numerous industries and agencies.
Avoiding Common Bid Protest Mistakes: A Seasonal Guide to Our Top 10 Protest Don’ts! | JD Supra
Welcome, dear readers, to the height of protest season! Around the end of the federal fiscal year, the number of contract awards being made increases greatly. Which means so do the number of protests challenging those award decisions. If you are currently asserting or defending a protest (or think you will be before October is over), you are certainly not alone.
Avoiding Common Bid Protest Mistakes: A Seasonal Guide to Our Top 10 Protest Don’ts!
Welcome, dear readers, to the height of protest season! Around the end of the federal fiscal year, the number of contract awards being made increases greatly. Which means so do the number of protests challenging those award decisions. If you are currently asserting or defending a protest (or think you will be before October is over), you are certainly not alone.
The Continuing Saga of 8(a) Social Disadvantage Eligibility | JD Supra
In what is quickly becoming an epic saga centered around the repercussions from the Ultima Servs. case, 8(a) program participants should have received a direct communication from the Small Business Administration (SBA) on Monday (August 21), providing direction on next steps regarding social disadvantage eligibility determinations.
The Continuing Saga of 8(a) Social Disadvantage Eligibility
In what is quickly becoming an epic saga centered around the repercussions from the Ultima Servs. case, 8(a) program participants should have received a direct communication from the Small Business Administration (SBA) on Monday (August 21), providing direction on next steps regarding social disadvantage eligibility determinations.
SBA Confirms Social Disadvantage Narrative Is Required for Program Participants | JD Supra
For those of you eagerly awaiting news on the recent shake-up of the Small Business Administration’s (SBA) 8(a) program, I have updates! (For those of you who have not been following, you can catch up on the legal context and background here.) Consistent with industry predictions, SBA will now require all applicants and certain existing 8(a) program participants to submit a social disadvantage narrative and prove social disadvantage by a preponderance of the evidence.
SBA Confirms Social Disadvantage Narrative Is Required for Program Participants
For those of you eagerly awaiting news on the recent shake-up of the Small Business Administration’s (SBA) 8(a) program, I have updates! (For those of you who have not been following, you can catch up on the legal context and background here.) Consistent with industry predictions, SBA will now require all applicants and certain existing 8(a) program participants to submit a social disadvantage narrative and prove social disadvantage by a preponderance of the evidence.
SBA confirms social disadvantage narrative is required for program participants
(August 23, 2023) - Maria Panichelli of McCarter & English LLP discusses the Small Business Administration's 8(a) Business Development Program following a federal court decision on the agency's rebuttable presumption of social disadvantage for certain people.
.SBA Cries Time Out! Temporary Suspension of New 8(a) Applications Following Ultima Servs. | JD Supra
As many GovCon news junkies following recent events had predicted, the Small Business Administration (SBA) just “temporarily suspended” new 8(a) application submissions. For those of you who haven’t been following along the past two weeks, this critically important development might be a little confusing. Let’s get you up to speed.
SBA Cries Time Out! Temporary Suspension of New 8(a) Applications Following Ultima Servs.
As many GovCon news junkies following recent events had predicted, the Small Business Administration (SBA) just “temporarily suspended” new 8(a) application submissions. For those of you who haven’t been following along the past two weeks, this critically important development might be a little confusing. Let’s get you up to speed.
SBA cries time out! Agency suspends new 8(a) applications following Ultima Services
(August 11, 2023) - Maria Panichelli of McCarter & English LLP discusses the Small Business Administration's 8(a) Business Development Program following a federal court decision on the agency's rebuttable presumption of social disadvantage for certain people. As many GovCon news junkies following recent events had predicted, the Small Business Administration (SBA) just "temporarily suspended" new 8(a) application submissions.
Blessing or Burden? GAO Decision Casts New Light on Joint Venture Experience | JD Supra
The Government Accounting Office (GAO) recently issued MiamiTSPi, LLC-Reconsideration, an important decision concerning a procuring agency’s obligation to consider, when evaluating a joint venture, the experience of not only the joint venture itself but also the individual joint venture partners.
Blessing or Burden? GAO Decision Casts New Light on Joint Venture Experience
The Government Accounting Office (GAO) recently issued MiamiTSPi, LLC-Reconsideration, an important decision concerning a procuring agency’s obligation to consider, when evaluating a joint venture, the experience of not only the joint venture itself but also the individual joint venture partners.
Blessing or burden? GAO decision casts new light on joint venture experience
(June 15, 2023) - McCarter & English LLP attorney Maria Panichelli discusses how small-business joint ventures should respond to the Government Accounting Office's decision regarding an agency's evaluation of individual members' experience.
Ostensible Clarity: SBA Rule Addresses Ostensible Subcontractor Rule in General Construction Contracts and DoverStaffing Factors | JD Supra
In a previous post, we mentioned the April 27, 2023 Small Business Administration (SBA) Final Rule, which made a number of revisions to the Small Business Regulations. A few of those revisions relate to the Ostensible Subcontractor Rule, a topic that has confused contractors for years. The Final Rule seeks to clear up that confusion, or at least some of it.
Contractors rejoice or repent: SBA rule adds teeth to subcontracting limitations
(May 26, 2023) - Maria Panichelli of McCarter & English LLP reviews how a Small Business Administration final rule regarding subcontracting limitations affects companies vying for government contracts. On April 27, 2023, the Small Business Administration (SBA) issued a final rule,1 finalizing a September 9, 2022 proposed rule,2 and making a myriad of changes to the Small Business Regulations. Those changes are effective at the end of this month, on May 30, 2023.
Small Business Contractors Rejoice or Repent: Final SBA Rule Adds Teeth to 13 CFR 125.6 Subcontracting Limitations | JD Supra
On April 27, 2023, the Small Business Administration (SBA) issued a final rule, finalizing a September 9, 2022 proposed rule, and making a myriad of changes to the Small Business Regulations. Those changes are effective at the end of this month, on May 30, 2023. We will be covering a number of those changes in upcoming posts.
Small Business Contractors Rejoice or Repent: Final SBA Rule Adds Teeth to 13 CFR 125.6 Subcontracting Limitations
On April 27, 2023, the Small Business Administration (SBA) issued a final rule, finalizing a September 9, 2022 proposed rule, and making a myriad of changes to the Small Business Regulations. Those changes are effective at the end of this month, on May 30, 2023. We will be covering a number of those changes in upcoming posts.
Small Business Contractors Rejoice or Repent: Final SBA Rule Adds Teeth to 13 CFR 125.6 Subcontracting Limitations
On April 27, 2023, the Small Business Administration (SBA) issued a final rule, finalizing a September 9, 2022 proposed rule, and making a myriad of changes to the Small Business Regulations. Those changes are effective at the end of this month, on May 30, 2023. We will be covering a number of those changes in upcoming posts.
When Is an REA Also a ‘Claim?’
When issues arise during performance of a federal government contract, causing a contractor to experience delays and/or to incur additional, unanticipated costs, contractors have a choice of remedies. They can request the contract duration or price be adjusted by submitting either a request for equitable adjustment (REA), or a claim. Though REAs and claims largely serve the same purpose, there are differences between them.
When is an REA also a ‘Claim?’ Zafer Construction offers guidance for federal contractors seeking contract adjustments
When issues arise during performance of a federal government contract, causing a contractor to experience delays and/or to incur additional, unanticipated costs, contractors have a choice of remedies. They can request the contract duration or price be adjusted by submitting either a request for equitable adjustment (REA), or a claim. Though REAs and claims largely serve the same purpose, there are differences between them.
Top 5 Legal Industry Trends to See in 2022-2023
The legal industry is transforming before our eyes. New technologies and workplace models are reshaping small law firms’ operations and allowing them to serve their clients’ needs better than ever. To thrive in the future and remain competitive, firms must get on board with some or all of these legal trends. […] The post Top 5 Legal Industry Trends to See in 2022-2023 appeared first on Smokeball.
10 Best Time Tracking Software for Lawyers
Lawyer time tracking represents one of the biggest pain points for law firms and corporate legal teams. Time and expense tracking is a critical task that enables law firms to adequately track billable hours, operate with transparency, and optimize profitability. However, it can be a labor-intensive process that reduces a law firm’s billable hours. […] The post 10 Best Time Tracking Software for Lawyers appeared first on Smokeball.
[Webinar] Government Contracting Fundamentals Series: Changes: The Most Important Clause in Government Contracting - April 12th, 12:00 pm - 1:00 pm EDT | JD Supra
April 12th, 2022 12:00 PM - 1:00 PM EDT Government contractors: We are excited to continue our “GovCon Examiner Live” webinar series in 2022. Over the course of the next 12 months, the Chair of our Government Contracting department, Maria Panichelli, will bring her popular GovCon Examiner blog to life with legal updates and practical tips for your business. As many experienced federal contractors know, the Changes clause just may be the most important clause in your contract.
Federal Circuit Affirms Blue & Gold Alive and Well, but that Timely Agency-Level Protests Might Change the Score | JD Supra
Welcome back, readers! We hope that your 2022 is off to a great start. We’re starting this year off with some information about an important Federal Circuit case from late last year, which did not get the attention it should have, given everyone’s focus on the ongoing COVID-19 compliance saga. As experienced contractors know, it is big news whenever the Federal Circuit issues an opinion and even bigger news when it pertains to bid protest timeliness.
[Webinar] Government Contracting Fundamentals Series: Advanced Partnering Strategies on Federal Set Aside Contracts: Teaming, JVs & Mentor Protégé Programs - January 25th, 12:00 pm - 1:00 pm EST | Obermayer Rebmann Maxwell & Hippel LLP - JDSupra
January 25th, 2022 12:00 PM - 1:00 PM EST Government contractors: We are excited to continue our “GovCon Examiner Live” webinar series in 2022. Over the course of the next 12 months, the Chair of our Government Contracting department, Maria Panichelli, will bring her popular GovCon Examiner blog to life with legal updates and practical tips for your business. You can’t go far in government contracting today without hearing about Teaming and Joint Venturing, or Mentor Protégé relationships.
The Continuing Saga of the COVID Vaccination Mandate Rules: The Next Episode | JD Supra
For those of you who have been following along with my coverage of the federal contractor COVID-19 Safety Protocols guidance and related compliance concerns (previous coverage here, here, and here), and my colleagues’ coverage of the Occupational Safety and Health Administration’s (“OSHA”) emergency temporary standard (“ETS”), you may remember the following: • In September, the federal government promulgated, among other new COVID-related initiatives, COVID-19 Safety Protocol requirements for...
Federal Judge In Georgia Blocks Federal Contractor Vaccine Mandate Nationwide
Obermayer Rebmann Maxwell & Hippel United States: Federal Judge In Georgia Blocks Federal Contractor Vaccine Mandate Nationwide 13 December 2021 Obermayer Rebmann Maxwell & Hippel To print this article, all you need is to be registered or login on Mondaq.com.
Federal Judge in Georgia Blocks Federal Contractor Vaccine Mandate Nationwide | JD Supra
For those following the ever-developing story on the COVID-19 Safety Protocols for Federal Contractors, you will know that one of the three main components of the Safer Federal Workforce Task Force’s (“the Task Force”) Guidance, which covered contractors are required to comply with, through the incorporation into their Federal contracts or subcontracts of a FAR (or supplementary acquisition regulation) deviation clause, was a broad vaccination mandate for covered contractor employees.
[Webinar] Government Contracting Fundamentals Series: OCIs: A Primer on Organizational Conflicts of Interest and Mitigation Plans - December 8th, 12:00 pm - 1:00 pm EST | JD Supra
December 8th, 2021 12:00 PM - 1:00 PM EST Obermayer is excited to continue its “GovCon Examiner Live” webinar series in 2021. Over the course of the next 12 months, our experienced government contracting attorney Maria Panichelli will bring her popular GovCon Examiner blog to life with legal updates and practical tips for your business. Organizational Conflicts of Interest – a/k/a “OCIs” can have serious consequences.
Task Force Updates Guidance & FAQ To Be Consistent With November 4 White House Statement: Clarification Re Vaccination Deadline; Example Of Signage; Updated List Of Medical Conditions Justifying Extension - Government, Public Sector - United States
Obermayer Rebmann Maxwell & Hippel United States: Task Force Updates Guidance & FAQ To Be Consistent With November 4 White House Statement: Clarification Re Vaccination Deadline; Example Of Signage; Updated List Of Medical Conditions Justifying Extension 17 November 2021 Obermayer Rebmann Maxwell & Hippel To print this article, all you need is to be registered or login on Mondaq.com. Hello again, dear readers.
[Webinar] COVID-19 Safety Protocols Compliance: Key Components and Critical Concerns for Federal Contractors - November 22nd, 1:00 pm - 2:30 pm EST | JD Supra
November 22nd, 2021 1:00 PM - 2:30 PM EST If you work in government contracting today, SAME Philadelphia Post Small Business COI and Obermayer would like to invite you to a time-critical webinar on the recent COVID -19 Safety Protocols Effecting Federal Government Contractors. You are probably aware that the requirement to comply with this rather far-reaching Guidance is being incorporated into new and existing Federal contracts and subcontracts.
Task Force Updates Guidance & FAQ to Be Consistent with November 4 White House Statement: Clarification re Vaccination Deadline; Example of Signage; Updated List of Medical Conditions Justifying Extension | Obermayer Rebmann Maxwell & Hippel LLP - JDSupra
Hello again, dear readers. Checking in with more updates as the ongoing saga surrounding the COVID-19 Safety Protocols continues… (Please check out our previous coverage on the Original Guidance and the various updates through November 4 for more background). On November 10, the Safer Federal Workforce Task Force published, on their website, an updated Guidance sheet, as well as additional Q&A on the “Contractors” FAQ page.
Breaking News: Vaccination Deadline Pushed to January 4; OSHA ETS will Not Apply to Workplaces Covered by Federal Contractor Vaccination Requirement | JD Supra
On November 4, 2021, the White House issued a statement regarding several vaccination-related policies. Though the main focus of the announcement was two new rules (referenced below) not specific to Federal contracting, there were some important impacts for Federal government contractors, as well.
Federal Government Issues Additional Guidance Related To COVID-19 Safety Protocol Compliance/Enforcement: Accommodations; Discipline Of Unvaccinated Employees; And Consequences Of Non-Compliance - Government, Public Sector - United States
To print this article, all you need is to be registered or login on Mondaq.com. If you've been following along, you know that we have been keeping you up to date on the various events surrounding the Government's issuance of COVID Safety Protocols Guidance, and the related FAR Deviation Clauses, for Federal government contractors. If you've missed our previous coverage, check out our blog post on the underlying Executive Order.
Federal Government Issues Additional Guidance Related to COVID-19 Safety Protocol Compliance/Enforcement: Accommodations; Discipline of Unvaccinated Employees; and Consequences of Non-Compliance | Obermayer Rebmann Maxwell & Hippel LLP - JDSupra
If you’ve been following along, you know that we have been keeping you up to date on the various events surrounding the Government’s issuance of COVID Safety Protocols Guidance, and the related FAR Deviation Clauses, for Federal government contractors. If you’ve missed our previous coverage, check out our blog post on the underlying Executive Order.
[Webinar] Government Contracting Fundamentals Series: Teaming, Joint Ventures and Mentor-Protégé Relationships on Federal Contracts - November 17th, 12:00 pm - 1:00 pm ET | JD Supra
November 17th, 2021 12:00 PM - 1:00 PM ET Obermayer is excited to continue its “GovCon Examiner Live” webinar series in 2021. Over the course of the next 12 months, our experienced government contracting attorney Maria Panichelli will bring her popular GovCon Examiner blog to life with legal updates and practical tips for your business. You can’t go far in government contracting today without hearing about Teaming and Joint Venturing, or Mentor Protégé relationships.
[Webinar] Government Contracting Fundamentals Series: Avoiding Terminations for Default, and the Impact of T4Cs and T4Ds - October 20th, 12:00 pm - 1:00 pm EDT | JD Supra
October 20th, 2021 12:00 PM - 1:00 PM EDT Obermayer is excited to continue its “GovCon Examiner Live” webinar series in 2021. Over the course of the next 12 months, our experienced government contracting attorney Maria Panichelli will bring her popular GovCon Examiner blog to life with legal updates and practical tips for your business. In certain circumstances, federal government contracts can be terminated by the government.
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