Federal Contractors: Preparing Software Producers for Compliance with CISA’s Self-Attestation Form
As contemplated by PilieroMazza ’s recent blog , the Cybersecurity and Infrastructure Security Agency (CISA) released a notice and request for comments on a new requirement for software producers to provide self-attestations regarding their software and its compliance with the secure software development practices, as described in the National Institute of Standards and Technology (NIST) Secure Software Development Framework (SSDF) ( Special Publication 800–218 ). The Office of Management and Budget released a memorandum on September 14, 2022, requiring agencies obtain self-attestations from software producers before using their software. A draft . . . Read More
SBA’s New Lending Rules Improve Small Business Growth Opportunities
On April 12, 2023, the U.S. Small Business Administration (SBA) published two new rules: (1) Small Business Lending Company (SBLC) Moratorium Rescission and Removal of the Requirement for a Loan Authorization (Moratorium Rule) and (2) Affiliation and Lending Criteria for the SBA Business Loan Programs (Affiliation Rule), collectively, the Rules. The Rules focus on combating persistent gaps in access to capital affecting small business owners in underserved communities. Starting May 11, 2023, small businesses and entrepreneurs will have more opportunities to obtain capital for growth and development. The Moratorium Rule Small businesses and entrepreneurs face major issues related to limited access to capital and restrictions imposed . . . Read More
Forming a Joint Venture? SBA Stresses Importance of Complying with State Law
As PilieroMazza previously highlighted , contractors wishing to pursue set-aside work through small business joint ventures (JVs) must comply with the Small Business Administration’s (SBA) JV regulations, which require certain JVs to have detailed and specific JV agreements (JVAs). A recent case from SBA’s Office of Hearing and Appeals (OHA) highlights just how important it is that small business JVs also comply with applicable state laws. Contractors should be aware that failing to comply with state laws can cause a small . . . Read More
Why the Content of a Contractor’s Joint Venture Agreement Matters
The Small Business Administration’s (SBA) joint venture (JV) regulations allow large businesses to perform set-aside contracts with their small business protégés and allow small businesses to pool their resources and experience to compete for set-aside work they would not independently qualify for. However, these JVs must strictly comply with SBA’s JV regulations. Among other things, this means each JV must have a JV agreement (JVA) that checks a litany of regulatory boxes. A recent SBA Office of Hearings and Appeals . . . Read More
Department of Commerce Adds 6 China-Based Entities to Export Administration Regulations List
Department of Commerce Adds 6 China-Based Entities to Export Administration Regulations List On February 14, 2023, the U.S. Department of Commerce Bureau of Industry Security (BIS) amended the Export Administration Regulations (EAR) ( 15 C.F.R. §§ 730 et seq. ) list ( Entity List ) by adding six China-based entities. The Biden Administration determined that those six entities were conducting business contrary to U.S. national security and / or foreign policy interests. Government contractors should be cautious when doing business with the following entities: Beijing Nanjiang Aerospace Technology; . . . Read More
Crackdown on Pandemic Fraud: Impact on Small Business Government Contractors
On March 2, 2023, the White House announced that President Biden intends to ask Congress for $1.6 Billion to combat ongoing fraud related to COVID relief programs, referred to as “pandemic fraud.” This comes in the wake of “historic” levels of fraud that occurred during the COVID-19 pandemic, the full extent of which is still not fully known. In the White House’s announcement, it notes that the requested $1.6 Billion will be for President Biden’s three-part Pandemic Anti-Fraud proposal. These three . . . Read More
Recovering Bid Preparation and Proposal Costs for Government Contractors: ARxIUM Provides Helpful Guidance
Filing a bid protest and ultimately recovering bid preparation and proposal costs after winning may not be a primary concern for contractors as they pursue a new contract. However, a recent Court of Federal Claims decision provides useful, but often overlooked, guidance for government contractors hoping to recover costs in such situations. This blog summarizes the Court’s decision in ARxIUM, Inc. v. United States [1] and suggests best practices for contractors to maximize cost recovery and improve bid preparation processes in . . . Read More
Proposed Ban on Non-Compete Agreements May Affect Government Contractors’ Ability to Win Recompetes
In January 2023, the Federal Trade Commission (FTC) issued a proposed rule to ban the use of non-compete clauses in employment agreements. The rule follows President Biden’s July 9, 2021, executive order encouraging the FTC to engage in rulemaking restricting the “unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” The FTC invites the public to comment by March 20, 2023. In this blog, we discuss important considerations related to the FTC’s proposed nationwide ban . . . Read More
GSA Technology Contractors: 4 Requirements to Ensure Only Approved Software Is Used
Almost two years ago, Executive Order 14028 – Improving the Nation’s Cybersecurity (EO) was issued requiring a host of actions be taken by the Federal Acquisition Regulation (FAR) Council, the National Institute of Standards and Technology (NIST), as well as the Office of Management and Budget (OMB). NIST completed one of those actions, which required it to identify “practices that enhance the security of the software supply chain,” when it released guidance on a secure software development framework and software supply chain security. In a recent memo , OMB . . . Read More
SBIR/STTR Reauthorization: Do’s and Don’ts of Program Eligibility for Small Business Contractors in Science and Technology
The Office of the Under Secretary of Defense for Research and Engineering oversees the Department of Defense Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. In September, Congress reauthorized the programs through 2025, and President Biden signed the SBIR and STTR Extension Act of 2022 (Act). SBIR/STTR programs present an opportunity for small business contractors in science and technology to assist the government with unique research and development needs. Below, PilieroMazza discusses the do’s and don’ts of SBIR/STTR program eligibility. SBIR/STTR programs provide . . . Read More