Impact of Postal Service’s $9.6 Billion Sustainability Investment on the Future of Government Contracts
The United States Postal Service (USPS) recently announced that it intends to procure over 60,000 new electric vehicles by 2028 in an effort to modernize its fleet and become more environmentally responsible. In this blog, PilieroMazza summarizes the USPS’s announcement and analyzes what impacts this acquisition may have on government contractors interested in sustainable procurements. The USPS Announcement On December 20, 2022, the USPS announced it was taking a major step towards becoming more environmentally conscious by investing $9.6 Billion over the . . . Read More
Congress Passes FY2023 NDAA and Implements Significant Changes to Federal Procurement Policy
Congress recently passed the FY2023 National Defense Authorization Act (NDAA) , authorizing $858 billion in defense spending and implementing some significant changes to federal procurement policy. The bill will now be sent to President Biden to be signed into law, which we anticipate will happen any day. PilieroMazza examines key themes and provisions in the FY2023 NDAA that government contractors (small and large) should know to take advantage of contract opportunities and maintain compliance requirements. Background The NDAA is annual legislation that authorizes funding and programs for . . . Read More
Inflation Relief Is Coming for DOD Contractors
As PilieroMazza has reported , rising costs due to inflation have been one of the most significant issues facing contractors with fixed-price contracts for the past year. Although the Department of Defense (DOD) and General Services Administration (GSA) have taken some steps to ameliorate the situation, those solutions have left contractors wanting. But true relief may be in sight. Congress included a provision in the National Defense Authorization Act (NDAA) for Fiscal Year 2023 that would authorize DOD contractors to receive contract adjustments for inflation-related . . . Read More
Final Rule Establishes Requirements for New SBA Veteran Small Business Certification Program
The Small Business Administration (SBA) issued a final rule last week, officially transferring the responsibility for certification of veteran-owned small businesses (VOSB) and service-disabled veteran-owned small businesses (SDVOSB) to SBA, effective January 1, 2023. We previously blogged about this change here , indicating that Section 862 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 provided for the elimination of the Department of Veterans Affairs’ (VA) certification program altogether and implementation of a certification requirement for all VOSB / SDVOSB . . . Read More
2022 GAO Bid Protest Annual Report: Key Takeaways for Government Contractors
The Government Accountability Office (GAO) recently released its 2022 Bid Protest Annual Report (Report), which reviews statistics compiled from the cases brought before the agency, including protests, cost claims, and requests for reconsideration. In this blog, PilieroMazza analyzes what the Report reveals about bid protests at GAO, including recent trends and how the information could affect a contractor’s decision to file a protest and its likelihood of success. Analysis of the Report In fiscal year 2022, the number of cases filed with GAO was down 12% . . . Read More
SBA Adjusts Economic Disadvantage Thresholds for 8(a) and EDWOSB Programs and Monetary-Based Size Standards
Per an interim final rule published on November 17, 2022, the Small Business Administration (SBA) is adjusting the three economic disadvantage thresholds applicable to the 8(a) and Economically Disadvantaged Women-Owned Small Business (EDWOSB) programs for inflation. SBA’s interim final rule will also increase its receipts-based small business size standards. These changes will be effective on December 19, 2022. SBA’s changes should be welcomed by small businesses and participants in the 8(a) and EDWOSB programs and those looking to apply. Economic Disadvantage Thresholds for . . . Read More
Act Fast: ESOP-Owned Defense Contractors Eligible for Sole-Source Awards in New DOD Pilot Program
The Department of Defense (DOD) recently launched a pilot program allowing Contracting Officers (CO) to award sole-source follow-on contracts to contractors owned 100% by an employee stock ownership plan (ESOP). Although sole-source awards already exist for specific types of small businesses, this program marks the first time that the government authorized a set-aside program for ESOPs. Like most pilot programs, however, the ESOP set-aside program is limited, with strict eligibility criteria and only nine contracts available. Considering these limitations, ESOPs interested in participating in . . . Read More
Biden Proposes Emissions Reduction and Reporting Standards for Federal Contractors
The Biden-Harris Administration recently published a proposed rule on Federal Supplier Climate Risks and Resilience (Proposed Rule). The Proposed Rule intends to further the goals set forth in Biden’s Executive Order on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability (E.O. 14057) and to reduce the financial risks faced by the federal government from climate change-related supply chain disruptions. The Proposed Rule would set standards on emissions reporting, climate-related financial risk disclosure, and emissions reduction targets for federal contractors and subcontractors. Primarily, the Proposed Rule would require major suppliers to establish Paris Agreement-aligned emissions reduction goals. The . . . Read More
U.S. Treasury Issues Guidance on CFIUS Enforcement and Penalties
On October 20, 2022, the U.S. Department of the Treasury (Treasury) released the Committee on Foreign Investment in the United States (CFIUS or the Committee) Enforcement and Penalty Guidelines (the Guidelines ). The Guidelines describe (1) three categories of conduct that may constitute as CFIUS violations, (2) the Committee’s process for imposing penalties, and (3) factors the Committee considers when determining whether a penalty is warranted and the scope of such penalty. Since this is the first time the Treasury released . . . Read More
Prohibition on Use or Delivery of Chinese Telecommunications and Video Surveillance Products and Services: The Potential Link Between Section 889 of the 2019 NDAA and Section 1260H of the 2021 NDAA
Over the past few days, PilieroMazza received a number of inquiries related to our recent posting entitled DOD Releases New List of Section 889 Banned Entities . In that post, we discussed how DOD recently released a new list of entities determined by DOD to be deemed “Chinese Military Companies.” This release was not made under Section 889 of the 2019 NDAA but instead under Section 1260H of the 2021 National Defense Authorization Act (NDAA). This caused confusion related to the potential intersection of the two laws and whether one . . . Read More