BIA to Establish Procedures for Federally Recognizing Alaskan Tribes
On January 2, 2020, the Bureau of Indian Affairs (BIA) issued a proposed rule to create a new 25 Code of Federal Regulations (CFR) part 82 that would establish procedures for a non-federally recognized Alaska Native entity to be acknowledged as an Indian tribe by the federal government. This regulation is the first to establish a process for Alaska Native entities to be federally recognized as a tribe since the Alaska Amendment of the Indian Reorganization Act (IRA) was enacted in 1936. . . . Read More
BLOG: JEDI Protest Update: Pentagon Relies on Blue & Gold Fleet to Do Away with AWS’s Allegations of Bias
Oftentimes, a decision not to file a pre-award protest can leave an unsuccessful offeror without an opportunity to be heard at the Court of Federal Claims (COFC). However, the extraordinary circumstances surrounding the JEDI Contract and the Trump Administration’s ongoing, publicized aversion to Amazon could save Amazon Web Service’s (AWS) bias allegations against the Pentagon from an early dismissal. Since filing its protest with the COFC in November 2019, AWS has continued its aggressive attack on the Pentagon’s decision to . . . Read More
BLOG: The Service Contract Right of First Refusal Rules Continue to Fall Away
On January 31, 2020, the Federal Register announced that the U.S. Department of Labor (DOL) rescinded the service contractor “right of first refusal” regulations at 29 C.F.R. Part 9. [1] This was done to implement the President’s October 31, 2019 revocation of the 2009 Executive Order No. 13,495, Nondisplacement of Qualified Workers Under Service Contracts (Nondisplacement Rules). DOL’s move was primarily administrative in nature, given that the President’s revocation order commanded Executive Agencies to stop enforcing the rules. Generally speaking, Nondisplacement Rules . . . Read More
BLOG: DOJ Inside Access Highlights 4 Things to Expect from the False Claims Act in 2020
Several weeks ago, my colleague Matt Feinberg highlighted “ 4 Issues That Defined the False Claims Act (FCA) in 2019 ” and made predictions about anticipated FCA trends for 2020. At the recent 2020 Advanced Forum on False Claims and Qui Tam Enforcement, Department of Justice (DOJ) Deputy Associate Attorney General Stephen Cox (AG Cox) offered inside access to DOJ’s prospective priorities in enforcing and reforming the FCA for 2020 . Below, we review the DOJ’s resolutions, which allow us to better anticipate and understand issues government contractors may face under the FCA moving forward. Continue qui tam Enforcement Efforts In 2019, we saw . . . Read More
BLOG: SBA Issues FAQs on New HUBZone Program Rules
Earlier this month, the Small Business Administration (SBA) issued its answers to frequently asked questions (FAQs) concerning the new rule changes to the HUBZone Program. These FAQs follow the December 26, 2019 effective date of the new HUBZone rules, and should be helpful for current and potential HUBZone firms. The FAQs address common confusions in the new rules. For instance, SBA answers how to take credit for an employee who resided in a HUBZone as of the date of certification and for 180 . . . Read More
BLOG: Federal “Ban-the-Box” Law: The Fair Chance Act to Limit Criminal Background Inquiries by Federal Contractors
On December 17, 2019, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which was subsequently signed by the President. As part of the NDAA, the government enacted the Fair Chance to Compete for Jobs Act of 2019 (the Fair Chance Act or Act), which prohibits federal agencies and federal contractors from requesting criminal background information from job applicants prior to extending an offer, with a few exceptions. The Fair Chance Act goes into effect on . . . Read More
BLOG UPDATE: Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision
PilieroMazza previously explained that a termination for default is considered a contracting officer’s final decision, which may then be appealed. While this is still the case, a recent decision from the Armed Services Board of Contract Appeals (ASBCA) highlights the importance for prime contractors—especially those who anticipate that their contract may be (or already has been) terminated for default—to preserve all relevant defenses to termination in advance of an appeal to the Board of Contract Appeals or Court of Federal Claims. . . . Read More
BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: Pre-Transaction Part 1 of a 3-Part Series
M&A transactions involving government contractors carry several regulatory and industry-specific considerations that can materially impact all aspects of the deal—from high-level structuring considerations to risk allocation for compliance issues to additional administrative checklist items. If neglected or overlooked, they can result in major headaches. This three-part series outlines certain key issues to consider before, during, and after transactions involving government contractors. Pre-Transaction: Novation The Anti-Assignment Act (41 U.S.C. § 6305) generally prohibits companies from selling government contracts. However, the Federal . . . Read More
GUEST BLOG: 5 Mistakes Companies Make on Proposals
Guest Blogger: Reena Bhatia , ProposalHelper Contributors: Robert Tucker, ProposalHelper and Meryl Angelicola, ProposalHelper Less than a decade ago, the ratio of contracts to proposals was 1:4. The ratio is now around 1:27. With stakes this high and increasingly limited access to government stakeholders for any real capture, here is a list of five common mistakes government contractors should avoid on proposals. Proposal Library Pastes We understand the adage “don’t reinvent the wheel.” But every proposal is built on a specific bid strategy, . . . Read More
BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 3 – The Ugly
Concluding our blog series on open-source software in the government market, it is time to turn to the darker side of things. We already discussed the “good” of open-source software for government buyers, and we walked through the “bad,” explaining how some elements may conflict with federal laws or priorities . Now we will look at the “ugly” side of open-source software and how contractors can mitigate associated risks. The Ugly So what is the “ugly” side of open-source code? In a word: malware. Given that neither the government nor the contractor control the . . . Read More