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
Second Wave of COVID Relief Is Here: 3 Key Provisions Employers Need to Know
After months of deliberation and endless negotiation, Congress sealed the deal late Sunday night on a $900 billion COVID-19 economic relief package, finally delivering long-overdue help to businesses and individuals. While much of the relief seems to be an extension of benefits and rights afforded under the previously passed Coronavirus Aid, Relief, and Economic Security (CARES) Act in March, there are some notable variations that employers should be aware of. The following summary outlines 3 key provisions employers need to know and should plan for immediately. Mandatory FFCRA . . . Read More
D.C. Expands False Claims Act Liability to Tax-Related Claims: What District Taxpayers Should Expect
Earlier this month, the District of Columbia Council passed an amendment to its False Claims Act, which extended the Act to include tax-related claims. Under the amended D.C. False Claims Act, violations may be alleged against persons and entities filing taxes in D.C.: (1) that report at least $1 million in income and (2) that understate tax liability or seek a tax refund resulting in damages of $350,000 or more. D.C. joins only two states—New York and Illinois—that authorize tax fraud . . . 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
Weekly Update for Government Contractors and Commercial Businesses – December 17, 2020
If you have questions concerning the content below, please visit this link . This is the last issue of PilieroMazza’s Weekly Update for 2020. We will resume the publication in the second week of January 2021. Please visit this link to view a holiday message from us to you. To access resources for businesses navigating the COVID-19 crisis, we invite you to visit PilieroMazza’s “ COVID-19 Client Resource Center .” Contact [email protected] for immediate assistance. GOVERNMENT CONTRACTS Key Provisions in the 2021 NDAA for Government Contractors, December 11, 2020, . . . 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
ANNOUNCEMENT: PilieroMazza Welcomes Anna Sullivan to Government Contracts Group
PilieroMazza is pleased to announce that Anna Sullivan has joined the Firm as an Associate in its Government Contracts Group . “We’re excited to bring Anna on board,” said Tony Franco , Chair of the Group. “Her dedication to our clients and enthusiasm are a perfect fit for our team.” Anna supports the legal needs of businesses that contract with the government. She works with the Government Contracts Team to help businesses maintain compliance with the myriad of laws and regulations governing federal contractors, including matters . . . 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