GAO Clarifies Scope of Its Task Order Protest Jurisdiction
On November 17, 2020, the Government Accountability Office (GAO) dismissed the post-award task order protest of U.S. Information Technologies Corporation (USIT) for lack of jurisdiction.1 Task order protests related to Department of Defense (DoD) procurements can only be filed with GAO if (1) the order at issue increases the scope, period, or maximum value of the contract under which it is issued or, as it relates to the subject case, (2) the order is valued in excess of $25 million . . . Read More
Unsure Whether You’ll Lose Tax Deductions for a Forgiven PPP Loan? Wait Until 2021 to File for Forgiveness
As it hashes out the details of the next COVID-19 relief package, Congress is facing pressure from business groups to allow businesses to write off expenses covered by forgiven Paycheck Protection Program (PPP) loans. The groups explain that, without write offs, “millions of small businesses . . . will face a surprising, and, in many cases, insurmountable tax bill next year.” We have received questions about the quagmire of regulations covering tax treatment for businesses when PPP loan balances are . . . Read More
Defense Production Act Use Under the Biden Administration: What a Stronger Pandemic Response Means for Government Contractors
The Biden Administration plans to adopt a more forceful approach to the COVID-19 pandemic, which will likely include use of the Defense Production Act of 1950 (DPA). As we discussed last April, the DPA authorizes the U.S. government to compel prioritized sales and direct industrial production. For government contractors that receive orders issued under the DPA, operations and contractual obligations can be disrupted, so it is critical to know your rights and obligations under the statute. The DPA authorizes the . . . Read More
SBIR Funding Proposals Due to NIH by January 5, 2021: 5 Tips for Your Submission
The Small Business Innovative Research (SBIR) program provides grant or contract funding to small businesses seeking to commercialize innovative technologies. With $3.2 billion allotted to SBIR each year, there are twelve different agencies that have set aside SBIR funding. One agency is Health and Human Services which provides funding through the National Institutes of Health (NIH). NIH has three grant funding proposal deadlines a year. The next deadline is January 5, 2021. On the NIH/SBIR website , NIH states that the electronic . . . Read More
SBA Releases Loan Necessity Questionnaire for PPP Borrowers
On October 26, 2020, the Small Business Administration (SBA) issued a notice in the Federal Register that, among other updates, announced two new forms, 3509 and 3510 (the Forms), related to the Paycheck Protection Program (PPP). Form 3509 is for for-profit businesses, while 3510 applies only to non-profit entities. These Forms will be sent by PPP lenders only to PPP borrowers who received a principal loan amount of $2 million or more, and borrowers will have ten days to complete it. According to . . . Read More
The Government Contractor Gifting Guide: 4 Tips to Avoid Severe Penalties
The holiday season will be here before we know it. Although this year’s celebrations may look different for many of us, one thing will still be on everyone’s mind: gifts. For companies, holiday gifting to clients and colleagues can be a cheerful and effective marketing tool. If your clients or colleagues are government employees, it is important to remember the many rules that govern making gifts to government employees. Keep these rules in mind to prevent a small gift from . . . Read More
JEDI Update: 3 Years After Launch, DOD’s Critical Cloud Computing Contract Is Still On Hold
The acquisition battle between Microsoft and Amazon Web Services (AWS) over the Department of Defense’s (DOD) Joint Enterprise Defense Infrastructure (JEDI) Cloud contract saw another major development this fall with the announcement that the DOD will again award the JEDI contract to Microsoft following corrective action. This blog provides an update on the JEDI protest, which has potential implications for the government contracting community. On September 4, 2020, after taking corrective action to reassess its evaluation of AWS’ and Microsoft’s . . . Read More
Virginia Companies Required to Update Handbooks and Workplace Policies: Pregnancy Discrimination Updates and More
Effective October 29, 2020, Virginia employers must update their handbooks to reflect new state requirements regarding pregnancy discrimination, according to a recent law. The law adds posting requirements and is one of several state obligations recently introduced in Virginia. This client alert explains the new requirement and flags additional policy changes that employers need to take to avoid future liabilities. This year, Virginia joined a number of states that include clear prohibitions on discrimination based on pregnancy, childbirth, and related . . . Read More
DOD Extends Section 889 Waiver to September 30, 2022
In August, we wrote about a memorandum issued by Director of National Intelligence John Ratcliffe that waived the Department of Defense’s (DOD) requirements under Section 889 of the National Defense Authorization Act for Fiscal Year 2019. The Federal Register published an interim rule on July 14, 2020, that implemented Section 889, which prohibits agencies from procuring telecommunications equipment and services from Huawei Technologies Company, Hangzhou Hikvision Digital Technology Company, Hytera Communications Company, Dahua Technology Company, and ZTE Corporation. The DOD originally released a memorandum on July . . . Read More
SBA Adopts Critical Rule Change on Small Business Recertification: Tweaking Its “Technical Correction”
As we recently highlighted , on October 16, 2020, the U.S. Small Business Administration (SBA) enacted a final rule (Rule) that merges the 8(a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé Program and makes a number of other significant changes that impact the small business contracting community. One modifies SBA’s recertification rules and will directly affect a contractor’s ability to pursue options and orders set aside under pre-existing contracts. SBA’s regulations require a concern to recertify its small business size / socio-economic . . . Read More