DOD Class Deviation Imposes New Requirements for Nonavailability Waiver Determinations Under the Buy American Statute
The Department of Defense (DOD) recently published a class deviation that builds on directives to promote an accountable and transparent procurement policy while maximizing Government use of goods, products, and materials produced in, and services offered in, the U.S. Specifically, the class deviation outlines steps that contracting officers (CO) should take as they make individual nonavailability waiver determinations under the Buy American statute. Such waivers can exempt an acquisition from meeting Buy American requirements. This blog identifies key aspects of the class . . . Read More
DOJ’s Civil Cyber-Fraud Initiative to Use False Claims Act in Pursuing Government Contractor Cybersecurity Shortfalls
The Department of Justice (DOJ) recently announced a new “Cyber-Fraud Initiative” aimed at “developing actionable recommendations to enhance and expand [DOJ’s] efforts against cyber threats.” The initiative will be part of DOJ’s Commercial Litigation Branch, Fraud Section, and will use the False Claims Act (FCA) as a tool to combat “cybersecurity related fraud” among federal contractors and grant recipients. In light of DOJ’s efforts, government contractors and entities receiving federal funding should implement measures to reduce the risk of being sued . . . Read More
2021 GAO Bid Protest Annual Report: What the Report Reveals About Bid Protests at the GAO
The recently released 2021 Bid Protest Annual Report (Report) from the Government Accountability Office (GAO) covers cases filed with the agency, including protests, cost claims, and requests for reconsideration. In this blog, PilieroMazza analyzes what the Report reveals about bid protests at the GAO, including how the information could affect a contractor’s decision to file a protest and its likelihood of success. Analysis of the Report The Report shows the number of cases filed is down by 12% when comparing 2021 to 2020 (1,897 cases in . . . Read More
Establishing Irreparable Harm in Bid Protests: Does the Value of the Lost Opportunity Really Matter?
In a recent bid protest, A.T. Kearney Pub. Sector & Def. Servs., LLC v. United States, [1] the U.S. Court of Federal Claims (COFC) created a wrinkle in its precedent when it denied the protester’s motion for a preliminary injunction. While obtaining permanent injunctive relief is arguably the most important goal of any bid protest brought at the COFC, obtaining preliminary injunctive relief, a stay of award or performance while the protest is resolved, can sometimes be equally significant for business . . . Read More
2022 NDAA Makes Significant Changes to Federal Procurement Policy
On December 27, 2021, President Biden signed the FY22 National Defense Authorization Act (NDAA) into law, authorizing more than $700 billion in defense spending. The NDAA also contains several provisions that shape federal procurement policies and forecast areas that Congress believes warrant attention in the future. PilieroMazza examines three themes in this year’s NDAA that contractors should know to take advantage of contract opportunities and maintain compliance requirements. 1. Continued Support for Domestic Preferences and Supply Chain Security Congress sent a clear signal that it supports . . . Read More
DOD Releases CMMC 2.0 Framework Documentation
Earlier this month, the Department of Defense (DOD) released the new Cybersecurity Maturity Model Certification (CMMC) 2.0 framework, along with the self-assessment guides for the new Levels 1 and 2, scoping guidance for all Levels, and other helpful tools for contractors seeking to perform self-assessments. Each of these documents is available on DOD’s CMMC website under the Documentation tab. Here are key highlights from DOD’s CMMC 2.0 Documentation for small and mid-sized defense contractors. These documents signal some major departures . . . Read More
Don’t Delay: How the Harmonia Decision Impacts Contractors’ Ability to Win Protests
A highly anticipated decision recently issued by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) represents the latest development in the Blue & Gold [1] line of precedent regarding the timeliness of bid protest filings before the U.S. Court of Federal Claims (COFC). In Harmonia Holdings Group, LLC v. United States (Harmonia), issued on December 7, 2021, the Federal Circuit held that a timely filed, pre-award, agency-level protest preserves an offeror’s ability to later file the same protest . . . Read More
SBA Awards $1.1 Million to Support Native American-Owned Small Businesses
Isabella Casillas Guzman of the U.S. Small Business Administration (SBA) announced on December 15, 2021, that SBA’s Office of Native American Affairs awarded $1.1 million in grants and contracts to seven entities which will provide business development services, management, and technical assistance to Native American-owned small businesses across the country. This monetary investment is a step in the right direction to help native-owned, small-business government contractors gain access to contracting opportunities. Ms. Guzman stated that “[n]ative-owned small businesses are vital to our shared economic . . . Read More
NITAAC Makes Major Changes to CIO-SP4 RFP
The National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) issued yet another round of significant changes to the Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Request for Proposals (RFP) under Amendment 12 to the RFP. These changes, explained below, will impact offerors in mentor-protégé arrangements and may require them to submit a proposal revision. Mentors: Experience Examples Mentors in mentor-protégé arrangements, regardless of their size, may now only submit two experience examples for each task area. Prior . . . Read More
Navigating Nondisplacement Rule Reboot for Government Contracts, Nichole Atallah for Law360
In her Law360 article “Navigating Nondisplacement Rule Reboot For Government Contracts,” Nichole Atallah , Chair of PilieroMazza ‘s Labor & Employment Group , examines President Biden’s executive order bringing back to life provisions of the 2009 Executive Order No. 13495 on the nondisplacement of qualified workers under service contracts. Visit this link to view the full article.