Darian Kolev

DHS Updates Cybersecurity Regulations Clarifying Old and New Obligations

The Department of Homeland Security (DHS) recently released a  final rule  (Final Rule), effective July 21, 2023, updating the Homeland Security Acquisition Regulation (HSAR) to include cybersecurity provisions aimed at safeguarding Controlled Unclassified Information (CUI) and facilitating improved incident reporting. This rule’s promulgation follows a recent trend and overall government-wide effort focused on strengthening our national security against bad actors and foreign adversaries. PilieroMazza recently blogged about some of those efforts, including the TikTok ban ( here ), new standardized cybersecurity obligations mirroring . . . Read More

8(a) MAS Pool Initiative Increases Federal Contracting Opportunities for Small-Disadvantaged Businesses

PilieroMazza recently shared the Small Business Administration’s (SBA) new rules: (1)  Small Business Lending Company (SBLC) Moratorium Rescission and Removal of the Requirement for a Loan Authorization  (Moratorium Rule) and (2)  Affiliation and Lending Criteria for the SBA Business Loan Programs   (Affiliation Rule). These rules focus on combating persistent gaps in access to capital affecting small business owners in underserved communities. Along the same vein, a recent initiative jointly issued by the SBA and the General Services Administration (GSA) is the 8(a) MAS (Multiple Award Schedule) Pool Initiative (the Initiative). The Initiative aims to increase federal contracting opportunities for small-disadvantaged businesses (SDBs) who are part of SBA’s 8(a) . . . Read More

Clocking in with PilieroMazza: New FAR Clause Bans TikTok on Federal Contractor Devices

Clocking in with PilieroMazza: FLSA Exemptions Matter When Bidding for SCA Contracts

GAO Sustains Rare Bid Protest Challenging Agency’s Corrective Action

In February 2023, the Department of Energy (DOE) agreed to take corrective action following three bid protests filed at the Government Accountability Office (GAO).  Thereafter, two of the original protestors, Kupono Government Services, LLC and Akima Systems Engineering, LLC, filed protests challenging the scope of DOE’s corrective action.  In Kupono Gov’t Servs., LLC; Akima Sys. Eng’g, LLC, B-421392.9 (June 5, 2023) , GAO sustained the protests, finding that DOE neither appropriately explained nor described its reasoning for the corrective action. In this blog, PilieroMazza reviews the facts of the case and offers . . . Read More

Time Runs Out on TikTok: New FAR Clause Bans TikTok on Federal Contractor Devices  

The federal government recently issued an interim rule , effective immediately, prohibiting the presence or use of the TikTok application in the performance of a contract. This rule continues the government’s actions against TikTok based on privacy and cybersecurity concerns raised by the links between the application’s parent company and the Chinese government. More specifically, the clause implements the No TikTok on Government Devices Act, which was enacted last December as part of the Consolidated Appropriations Act. Federal government contractors should be . . . Read More

Lapse in SAM Registration Disqualifies Government Contractor from Contract Award

The Court of Federal Claims (COFC) recently interpreted FAR Clause 52.204-7, which requires offerors to register in the System for Award Management (SAM), to indicate that even a slight lapse in a contractor’s SAM registration status could disqualify them from potential award.   The Case Before the Court  COFC recently granted a preliminary injunction in Myriddian, LLC v. U.S. , No. 23-443 (Fed. Cl. May 23, 2023) staying performance of a contract solicited by the Department of Health and Human Services (HHS) to provide methodologies . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – June 2, 2023

If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here .   LABOR & EMPLOYMENT Debt Limit Deal Would Save Feds’ Paychecks, But Freeze Agency Spending An agreement between the White House and congressional Republicans would bring a spending freeze to federal agencies next fiscal year . . . Read More

Get Ready! Enhanced Cybersecurity Standards for Federal Contractors Coming Soon

For years, the federal contracting community has closely monitored the oft-delayed Department of Defense’s (DOD) Cybersecurity Maturity Model Certification (CMMC) program—now on iteration 2.0—as the forefront of cybersecurity obligations. That focus may soon be expanding. Contractors outside of DOD’s orbit may soon be subject to similar requirements. Civilian agency contractors should start preparing now for an enhanced cybersecurity proposed rule to prevent gaps or issues when the regulation goes into effect—not to mention it just being good business to have . . . Read More

GAO Sustains Protest Finding Agency’s Failure to Engage in Meaningful Discussions Was Not Cured During Re-Evaluation

The Government Accountability Office (GAO) recently sustained a protest in Life Science Logistics, LLC , B-421018.2, .3 (April 19, 2023), finding that an agency’s discussions were not meaningful where they did not disclose flaws that were present in the protestor’s initial proposal, but which were not identified by the agency until it re-evaluated the proposal during corrective action. Below, PilieroMazza reviews this case and highlights key actions an agency is required to take to give government contractors similar opportunities to revise their proposals.   The . . . Read More