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
If you have questions concerning the content below, please visit this link . CLIENT ALERT: FAR Council Changes Rules Regarding Small Business Rerepresentation / Recertification and Multiple Award Contracts, March 3, 2020, Sam Finnerty On February 27, 2020, the FAR Council published a final rule that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. Although these “new” rules have been reflected in SBA regulations for some time, their addition to the FAR is significant . . . Read More
“I’m sure there are many manufacturers who have just seen their products become TAA-compliant overnight . . .,” said Jon Williams , commenting on the U.S. Court of Appeals for the Federal Circuit’s February 10th ruling in Acetris Health, LLC v. United States. The court held that a U.S.-manufactured drug from Acetris was compliant with the Trade Agreements Act (TAA), despite Acetris sourcing an active pharmaceutical ingredient for the drug from a non-designated country under the TAA. This indicates that pharmaceutical companies . . . Read More
Jon Williams was recently published in Federal News Network with an article on a flawed insourcing strategy by the VA for critical medical devices. In February 2019, Jon wrote in Federal News Network about the VA’s plans to insource the warehousing and distribution of continuous positive airway pressure (CPAP) devices and related supplies that are used to treat a rapidly-growing number of veterans with respiratory disabilities. While VA’s goal to improve veteran healthcare in sleep therapy is laudable, Jon wrote about why . . . Read More
With the spread of COVID-19, businesses all over the world have seen their operations affected and their cash flow and production decreased, putting them at risk for potential default on their credit obligations. The prediction is that the global economy will enter into a recession, which will continue to affect the financial situation of millions of businesses. All businesses should consider the available options to remedy any borrowing deficits in light of specific circumstances. When providing financing for business enterprises . . . Read More
On February 27, 2020, the FAR Council published a final rule (Rule) that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. See 78 Fed. Reg. 61114 (Oct. 2, 2013). Although these “new” rules have been reflected in SBA regulations for some time, their addition to the FAR is significant because, as any experienced government contractor knows, procurement officials do not always follow SBA’s rules, particularly if such rules are not incorporated . . . Read More
As the potential spread of coronavirus disease 2019 (COVID-19) in the United States becomes a very real possibility, employers should prepare to address the condition and concerns in the workplace. The Center for Disease Control and Prevention and the Occupational Safety and Health Administration recently issued guidance on steps to mitigate the spread of COVID-19. In light of this guidance, employers should consider implementing certain policies and procedures to continue to ensure a safe and healthy workplace. The policy can . . . Read More
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
If you have questions concerning the content below, please visit this link . Comments to Proposed Rule on Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments, February 7, 2020 In its role as advocate to small businesses operating in the government contracting arena, PilieroMazza submitted comments to RIN 3245-AG94 , Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments. Our full comments are available here . BUSINESS & TRANSACTIONS LAW ANNOUNCEMENT: PilieroMazza Counsels Tribal Tech CEO Victoria Vasques on Acquisition of Cowan & Associates, February 6, . . . Read More
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
