BLOG: JEDI Update: AWS Files Agency-Level Protest with Pentagon

The ongoing public feud between Microsoft and Amazon Web Services (“AWS”) over the Department of Defense’s (“DOD”) Joint Enterprise Defense Infrastructure (“JEDI”) Cloud contract saw three major developments over the last thirty (30) days. This blog provides an update on the JEDI protest, which has potential implications for the government contracting community. On April 13, 2020, the Pentagon’s watchdog, Office of Inspector General (“OIG”), released a 313-page report on several controversies surrounding the $10 billion JEDI procurement, including allegations of . . . Read More

BLOG: EEOC Delays Collection of EEO-1 Data Due to COVID-19

In light of the public health emergency caused by COVID-19, the Equal Employment Opportunity Commission (EEOC) announced that it will delay collection of EEO-1 Component 1 data until March 2021. Under federal law, businesses with at least 100 employees and federal contractors with at least 50 employees and a federal contract of $50,000 or more generally must file an EEO-1 form each year. This development gives government contractors a one-year extension to file their 2019 Component 1 data. Many employers . . . Read More

BLOG: FAR Council Rulemaking Error Requires GSA Contractors to Qualify As Small at Time of Award for Certain Orders

As we recently wrote , the FAR Council published a final rule (Rule) on February 27, 2020 that amends the Federal Acquisition Regulation (FAR) to capture regulatory changes made by the Small Business Administration (SBA) in 2013, including those pertaining to size representation/certification. However, in drafting the Rule, the FAR Council made a critical change that not only deviate from SBA regulations, but also run counter to everything we know about when the size status of a contractor is determined.  All small . . . Read More

BLOG: For Contractors, an REA for Keeping Your People Safe and on the Job

In COVID-19 times, one of the ongoing challenges for contractors is how to obtain upward equitable adjustments for increased operating costs due to the crisis. These costs could include more janitorial services, reconfiguring and/or refurnishing workspaces, changing processes and/or systems, overcoming supply chain fluctuations, enabling more remote work, compartmentalizing work groups, implementing shift work, allotting administrative time for health checks, giving more transportation and parking benefits, providing Personal Protective Equipment (“PPE”), adding headcount made necessary by changes, as well as . . . Read More

BLOG: Do You Meet the Unique Eligibility Requirements for a PPP Loan?

If you missed the first batch of loans under the Paycheck Protection Program (“PPP”) and want to determine if you are eligible for the next wave of funding that is expected to be added soon, this is what you need to know. Not surprisingly, given this is a very sought-after program, PilieroMazza attorneys are fielding a lot of questions from firms wondering if they qualify for a PPP loan. There are several requirements that need to be considered when assessing eligibility . . . Read More

BLOG: Defense Production Act Orders for COVID-19 Related Medical Equipment

The outbreak of COVID-19 has rapidly increased demand for medical supplies and equipment such as N95 respirators, isolation gowns, isolation masks, surgical masks, eye protection, intensive care unit equipment, and diagnostic testing supplies. To address the resulting shortage, President Trump issued Executive Order 13909 on March 18, 2020, under the Defense Production Act of 1950 (DPA), authorizing the Department of Health and Human Services to prioritize orders for “health and medical resources needed to respond to the spread of COVID-19, . . . Read More

BLOG: HUBZone Program Flexibility During the COVID-19 Outbreak

In a webinar on March 25, 2020, officials with SBA’s HUBZone Program showed that SBA understands the unprecedented COVID-19 outbreak has created some unique challenges for HUBZone firms. Fortunately, SBA acted proactively to provide flexibilities to HUBZone firms that are struggling to maintain their principal office location and employees during this challenging time.  Highlights from SBA’s webinar included: The new annual recertification process will be voluntary for the remainder of 2020, except for firms that are up for a three-year . . . Read More

BLOG: JEDI Update: Pentagon Files Voluntary Motion for Remand to Reconsider Microsoft Award

On March 12, 2020, the Department of Defense (DOD) filed a motion for voluntary remand requesting that the Court of Federal Claims (COFC) remand the Joint Enterprise Defense Infrastructure (JEDI) contract case for 120 days. This would allow DOD to reconsider certain aspects of its decision to award the JEDI contract to Microsoft. DOD’s re-evaluation could signify major flaws in the process. For background, in November of 2019 Amazon Web Services (AWS) filed a bid protest with the COFC protesting . . . Read More

BLOG: Raytheon Challenges CO Intellectual Property Decision in COFC

In a recent Court of Federal Claims (COFC) case, [1] Raytheon Corporation (Raytheon) challenged a federal agency order that a Government Purpose Right (GPR) legend be affixed to documents purportedly containing technical data. COFC held that the contracting officer’s (CO) decision that the documents contained technical data and the CO order to affix a GPR legend constituted a claim under COFC jurisdiction.This demonstrates that government contractors may challenge similar intellectual property disputes in COFC, despite an adverse final decision from a . . . Read More

BLOG: 4 Things to Know About DOJ’s Procurement Collusion Strike Force

The U.S. Department of Justice (DOJ) has been increasing scrutiny of anticompetitive conduct in public procurements over the past several years, and this trend is certain to continue in light of DOJ’s formation of a new Procurement Collusion Strike Force (PCSF), announced in November 2019. What should government contractors know about the PCSF? Here are four key takeaways regarding the PCSF’s activities to help government contractors understand and prepare for increased enforcement of antitrust laws. The PCSF is an interagency partnership across the . . . Read More