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
BLOG: Reselling Laptops and Tablets to the Federal Government Just Got Easier
The Small Business Administration (SBA) issued a class waiver of the non-manufacturer rule (NMR) on March 9, 2020. Effective April 8, 2020, it waives the NMR for commercially available off-the-shelf (COTS) laptop and tablet computers. The waiver is great news for small business resellers in the IT industry because the waiver will make it easier for these small businesses to comply with the NMR when reselling COTS laptops and tablets to federal agencies. For some background, the NMR is an exception to . . . Read More
8(a) Contractors: To Suspend or Not Suspend In Light of COVID-19
If you are an 8(a) contractor, you may have received a notification from your Business Opportunity Specialist regarding a voluntary suspension due to the March 13, 2020 declaration of a national emergency concerning the COVID-19 outbreak. Covered below are considerations for 8(a) government contractors before they decide to suspend or not to suspend their participation in the 8(a) program. SBA regulations provide a process by which 8(a) contractors may voluntarily elect to suspend their participation in the 8(a) program for . . . Read More
BIA to Establish Procedures for Federally Recognizing Alaskan Tribes
On January 2, 2020, the Bureau of Indian Affairs (BIA) issued a proposed rule to create a new 25 Code of Federal Regulations (CFR) part 82 that would establish procedures for a non-federally recognized Alaska Native entity to be acknowledged as an Indian tribe by the federal government. This regulation is the first to establish a process for Alaska Native entities to be federally recognized as a tribe since the Alaska Amendment of the Indian Reorganization Act (IRA) was enacted in 1936. . . . Read More
BLOG: JEDI Protest Update: Pentagon Relies on Blue & Gold Fleet to Do Away with AWS’s Allegations of Bias
Oftentimes, a decision not to file a pre-award protest can leave an unsuccessful offeror without an opportunity to be heard at the Court of Federal Claims (COFC). However, the extraordinary circumstances surrounding the JEDI Contract and the Trump Administration’s ongoing, publicized aversion to Amazon could save Amazon Web Service’s (AWS) bias allegations against the Pentagon from an early dismissal. Since filing its protest with the COFC in November 2019, AWS has continued its aggressive attack on the Pentagon’s decision to . . . Read More
BLOG: The Service Contract Right of First Refusal Rules Continue to Fall Away
On January 31, 2020, the Federal Register announced that the U.S. Department of Labor (DOL) rescinded the service contractor “right of first refusal” regulations at 29 C.F.R. Part 9. [1] This was done to implement the President’s October 31, 2019 revocation of the 2009 Executive Order No. 13,495, Nondisplacement of Qualified Workers Under Service Contracts (Nondisplacement Rules). DOL’s move was primarily administrative in nature, given that the President’s revocation order commanded Executive Agencies to stop enforcing the rules. Generally speaking, Nondisplacement Rules . . . Read More
BLOG: DOJ Inside Access Highlights 4 Things to Expect from the False Claims Act in 2020
Several weeks ago, my colleague Matt Feinberg highlighted “ 4 Issues That Defined the False Claims Act (FCA) in 2019 ” and made predictions about anticipated FCA trends for 2020. At the recent 2020 Advanced Forum on False Claims and Qui Tam Enforcement, Department of Justice (DOJ) Deputy Associate Attorney General Stephen Cox (AG Cox) offered inside access to DOJ’s prospective priorities in enforcing and reforming the FCA for 2020 . Below, we review the DOJ’s resolutions, which allow us to better anticipate and understand issues government contractors may face under the FCA moving forward. Continue qui tam Enforcement Efforts In 2019, we saw . . . Read More
BLOG: SBA Issues FAQs on New HUBZone Program Rules
Earlier this month, the Small Business Administration (SBA) issued its answers to frequently asked questions (FAQs) concerning the new rule changes to the HUBZone Program. These FAQs follow the December 26, 2019 effective date of the new HUBZone rules, and should be helpful for current and potential HUBZone firms. The FAQs address common confusions in the new rules. For instance, SBA answers how to take credit for an employee who resided in a HUBZone as of the date of certification and for . . . Read More
BLOG: Federal “Ban-the-Box” Law: The Fair Chance Act to Limit Criminal Background Inquiries by Federal Contractors
On December 17, 2019, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which was subsequently signed by the President. As part of the NDAA, the government enacted the Fair Chance to Compete for Jobs Act of 2019 (the Fair Chance Act or Act), which prohibits federal agencies and federal contractors from requesting criminal background information from job applicants prior to extending an offer, with a few exceptions. The Fair Chance Act goes into effect on . . . Read More
BLOG UPDATE: Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision
PilieroMazza previously explained that a termination for default is considered a contracting officer’s final decision, which may then be appealed. While this is still the case, a recent decision from the Armed Services Board of Contract Appeals (ASBCA) highlights the importance for prime contractors—especially those who anticipate that their contract may be (or already has been) terminated for default—to preserve all relevant defenses to termination in advance of an appeal to the Board of Contract Appeals or Court of Federal Claims. . . . Read More