Should You Protest? Takeaways for Government Contractors from GAO’s 2024 Bid Protest Annual Report
The Government Accountability Office (GAO) recently released its 2024 Bid Protest Annual Report (Report), providing statistics on protests, cost claims, and requests for reconsideration at GAO this year. In this blog, PilieroMazza analyzes what the Report reveals about bid protests at GAO, including recent trends and how this information could affect a contractor’s decision to file a protest as well as its likelihood of success. Analysis of the Report Fiscal Year 2024 brought about an 11% decrease in the number . . . Read More
PPP Loans Under the Microscope: False Claims Act and Enforcement Trends
While the COVID-19 pandemic may feel like a distant memory for many, its effects continue to reverberate for others—particularly for businesses that obtained loans through the Paycheck Protection Program (PPP). Whether forgiven or not, these loans remain subject to scrutiny. The Small Business Administration (SBA) and the Department of Justice (DOJ) can pursue criminal or civil charges against individuals involved in PPP loan fraud for up to ten years after the offense. Borrowers should ensure they maintain all relevant documentation . . . Read More
Trump 2.0: Implications for Federal Spending and the Workforce
The election of former President Trump has the potential to significantly change the federal procurement landscape. As with his first term, President-elect Trump will prioritize government efficiency, including plans to reduce the federal workforce and certain spending. Government contractors could see (1) reductions in the federal workforce; (2) disruptions in the procurement process, resulting in slower procurements; (3) increased reliance on Governmentwide Acquisition Contracts (GWACs), which may lead to fewer opportunities for small business set-asides; and (4) contracts in certain . . . Read More
Corporate Transparency Act, Part 3: Filing Extensions for Businesses Affected by 2024 Hurricanes
The Financial Crimes Enforcement Network (FinCEN) announced a significant relief measure under the Corporate Transparency Act (CTA) for businesses affected by five hurricanes impacting the U.S. in 2024. Hurricane relief extends the deadline for submitting a Beneficial Ownership Information Report (BOIR) by six months for companies that meet specific criteria. Please visit this link for Part 1 and this link for Part 2 in this series. Which Companies Qualify for the Extension? To qualify for this extension, a reporting company must meet two . . . Read More
Trump Administration’s Proposed Tariffs: How Can Government Contractors Prepare?
While on the campaign trail, President-elect Trump spoke of implementing tariffs. How will government contractors be affected if the upcoming Trump administration enacts its proposed tariffs in 2025? Contractors offering goods to the government should (1) be alert to the possibility that proposed tariffs could increase their cost of performance, (2) factor increased cost and performance risks into their bids and proposals, and (3) ensure appropriate communications with subcontractors to lock-in particular quotes and scheduling to the extent necessary. Most . . . Read More
SBA’s Proposed Changes to “Rule of Two” Increases Award Opportunities for Small Business Government Contractors. . .Maybe
On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to implement recommendations from the Office of Federal Procurement Policy’s memorandum “Increasing Small Business Participation on Multiple-Award Contracts” from earlier this year. The SBA hopes to increase small business participation on multiple award contracts (MAC) through the application of the Rule of Two to MAC task and delivery orders. However, by declining to follow the Court of Federal Claims’ (COFC) decision in Tolliver Group, the SBA created a . . . Read More
Overcoming the Sovereign Acts Doctrine: Contractor Recovers Costs Related to COVID-19 Quarantine
As we know, in the almost five years since the COVID-19 pandemic began, courts have been reluctant to award costs to contractors affected by COVID-19, government-imposed safety regulations. However, in Chugach Federal Solutions, Inc. [1] , the Armed Services Board of Contract Appeals (ASBCA) sustained an appeal, granting costs related to the quarantine of personnel resulting from the pandemic since the U.S. Air Force assumed responsibility for such costs under a health and safety contract clause. For government contractors filing COVID-related . . . Read More
What DOD’s Proposed Changes to its Prototype OT (Other Transaction) Agreements Regulations Mean for Defense Contractors
On September 4, 2024, the Department of Defense (DOD) issued a proposed rule to update regulations related to other transaction (OT) agreements [1] to implement congressional changes in the statutory authority for prototype OTs and follow-on production OTs and contracts. [2] Although Congress made several updates to 10 U.S.C. § 4022 over the years, DOD did not update its OT regulations since 2004. Below, PilieroMazza’s GovCon attorneys highlight some key changes to DOD’s prototype project OT regulations and their potential impacts on government contractors . . . Read More
Corporate Transparency Act, Part 2: Exempt Status, Physical Office, Dissolved and Tribal Entities, and Beneficial Ownership Information
The Corporate Transparency Act (CTA), which came into effect on January 1, 2024, has significant implications for government contractors, tribal entities, and commercial businesses. If you formed an entity before January 1, 2024, and are not subject to one of the exemptions, you must file your initial Beneficial Ownership Information Report (BOIR) no later than January 1, 2025. If you formed an entity on or after January 1, 2024, and are not subject to one of the exemptions, you must . . . Read More
Florida Federal Court Strikes Major Blow to FCA Whistleblowers: Key Takeaways for FCA Defendants
In a prior blog , PilieroMazza discussed the Supreme Court’s decision in United States ex rel. Polansky v. Executive Health Resources, Inc. In that case, in his dissenting opinion, Justice Clarence Thomas referred to the qui tam provisions of the False Claims Act (FCA) as operating in “something of a constitutional twilight zone” and called into question whether relators have standing to pursue qui tam actions where the government declines to intervene in the litigation. Specifically, Justice Thomas opined that “Congress . . . Read More