PPP Round Deux Update
On December 27, 2020, the President signed the Consolidated Appropriations Act of 2021, which includes the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (the “Act”). The Act allows a “Second Draw” of Paycheck Protection Program (“PPP”) loans up to $2 million, expands the permissible uses for which such loans may be used, simplifies the loan forgiveness application for some borrowers, and makes other related changes to the PPP program. While 2021 may bring relief in the form . . . Read More
GAO Holds that SAM Registration Pertains to a Bidder’s Responsibility, Not Responsiveness of a Bid
On December 16, 2020, the Government Accountability Office (GAO) sustained a protest by a contractor that was eliminated from a competition because its System for Award Management (SAM) registration had expired. Holding that registration in SAM pertains to a bidder’s responsibility, not the responsiveness of the bid, the GAO directed the agency to afford the bidder an opportunity to cure the matter after bid opening and before the award rather than finding the bidder to be ineligible for award. This . . . Read More
PPP Round Deux: Who Qualifies, For How Much, and Forgiveness Changes
While the President vetoed the 2021 NDAA—and has put COVID relief into question—he has not yet acted on the Consolidated Appropriations Act, 2021, which contained the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (the Act) dealing with the second round of PPP Loans. So, while the Act may be in jeopardy of a veto also, it has not yet occurred and, regardless, it is likely many of the PPP Loan provisions contained in the Act will be . . . Read More
Government Contractors: 5 Takeaways from DOJ’s Remarks on First Year of Procurement Collusion Strike Force
In November 2019, the U.S. Department of Justice (DOJ) announced the creation of the Procurement Collusion Strike Force (PCSF), an interagency partnership aimed at preventing and prosecuting anticompetitive behaviors in government procurements. The dual purposes of the PCSF are to (1) deter and prevent anticompetitive conduct in the procurement process through outreach and training to government and industry procurement personnel and (2) jointly investigate and prosecute procurement collusion and fraud by leveraging partnerships in the law enforcement and inspector general . . . Read More
COFC Confirms Rule of Two Analysis Applies Before Agency Decides to Utilize a Multiple-Award Vehicle
On November 30, 2020, the U.S. Court of Federal Claims (COFC) issued a decision that supported the Small Business Administration’s position regarding the Rule of Two analysis requirements for government acquisitions. [1] The central question surrounding the case was whether the U.S. Army could cancel a Federal Acquisition Regulation (FAR) Part 8 service-disabled veteran-owned small business (SDVOSB) set-aside procurement under the General Services Administration’s Federal Supply Schedule (FSS) and move the requirement to a multiple-award indefinite-delivery, indefinite-quantity (MAIDIQ) contract vehicle that . . . Read More
Defense Production Act Use Under the Biden Administration: What a Stronger Pandemic Response Means for Government Contractors
Westlaw Today recently published an article by Jon Pomerance titled “Defense Production Act Use Under the Biden Administration: What a Stronger Pandemic Response Means for Government Contractors.” The article covers potential Biden Administration use of the Defense Production Act of 1950, outlining the rights and obligations of government contractors that receive orders under the statute. To access the full article, please visit this link .
Key Provisions in the 2021 NDAA for Government Contractors
‘Tis the season for holiday cheer and the National Defense Authorization Act (“NDAA”). The NDAA, commonly referred to as “must pass” legislation, is a key legislative vehicle that Congress uses each year to address a wide variety of issues, from defense spending to small business contracting matters. And this year is no different. Based on the recent Conference Report , the 2021 NDAA heading to the President will contain numerous provisions that will impact contractors doing business with the federal government. There . . . Read More
GAO Clarifies Scope of Its Task Order Protest Jurisdiction
On November 17, 2020, the Government Accountability Office (GAO) dismissed the post-award task order protest of U.S. Information Technologies Corporation (USIT) for lack of jurisdiction.1 Task order protests related to Department of Defense (DoD) procurements can only be filed with GAO if (1) the order at issue increases the scope, period, or maximum value of the contract under which it is issued or, as it relates to the subject case, (2) the order is valued in excess of $25 million . . . Read More
Unsure Whether You’ll Lose Tax Deductions for a Forgiven PPP Loan? Wait Until 2021 to File for Forgiveness
As it hashes out the details of the next COVID-19 relief package, Congress is facing pressure from business groups to allow businesses to write off expenses covered by forgiven Paycheck Protection Program (PPP) loans. The groups explain that, without write offs, “millions of small businesses . . . will face a surprising, and, in many cases, insurmountable tax bill next year.” We have received questions about the quagmire of regulations covering tax treatment for businesses when PPP loan balances are . . . Read More
Defense Production Act Use Under the Biden Administration: What a Stronger Pandemic Response Means for Government Contractors
The Biden Administration plans to adopt a more forceful approach to the COVID-19 pandemic, which will likely include use of the Defense Production Act of 1950 (DPA). As we discussed last April, the DPA authorizes the U.S. government to compel prioritized sales and direct industrial production. For government contractors that receive orders issued under the DPA, operations and contractual obligations can be disrupted, so it is critical to know your rights and obligations under the statute. The DPA authorizes the . . . Read More