PPP Loan Forgiveness Appeal Process: 4 Steps to Knowing and Protecting Your Rights

As discussed in PilieroMazza ’s previous alert , the Small Business Administration (SBA) released its Paycheck Protection Program (PPP) Loan Forgiveness application way back in May of 2020.  Since then, PPP forgiveness continues to cause confusion among businesses, especially federal contractors.  Since the release of the original forgiveness application, most PPP borrowers eligible for loan forgiveness have submitted for forgiveness and, most of those, have actually already received forgiveness as well.  Unfortunately, we have started to recently see and uptick in loan . . . Read More

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

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

Kevin Barnett’s Article Featured in Westlaw Today: 2022 NDAA Makes Significant Changes to Federal Procurement Policy

Westlaw Today recently published an article by Kevin Barnett titled “2022 NDAA Makes Significant Changes to Federal Procurement Policy.”  The article examines three themes in this year’s NDAA that contractors should know to take advantage of contract opportunities and maintain compliance requirements. They include: Continued support for domestic preferences and supply chain security. Focus on small business. Procurement of innovative technologies and commercial contracting. To access the full article, please visit this link .

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

PilieroMazza Elevates 3 Attorneys to Partnership Ranks in 2022

Congratulations to Government Contract Attorneys Jackie Unger and Sam Finnerty and Corporate Attorney Dave Shafer WASHINGTON, DC – JANUARY 5, 2022: PilieroMazza , a business law firm, is proud to announce that Jackie Unger and Sam Finnerty of the Firm’s Government Contracts Group and Dave Shafer of the Business & Transactions Group were promoted to partner as of January 1, 2022.  Commenting on the new partners, Managing Partner Tony Franco remarked: “Jackie, Sam, and Dave are key contributors to the Firm’s success, offer the highest quality of service to our clients, and demonstrate sound judgment and . . . 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 from the . . . 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