COFC Denies DOJ/Microsoft Motion to Dismiss Amazon JEDI Protest

            On April 28, 2021, the U.S. Court of Federal Claims issued a sealed decision denying the Department of Justice’s (DOJ) and Microsoft’s motions to dismiss Amazon Web Services’ (Amazon) bid protest of the Pentagon’s $10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud contract.  Amazon claims repeated prejudicial errors against Amazon Web Services due to influence from then-President Donald Trump and other high-level government officials aiming to harm Amazon.  DOJ and Microsoft failed to convince the Court to dismiss the . . . Read More

GAO Holds Solicitation Requirement Violates SBA’s Regulations Regarding Small Business Mentor-Protégé Joint Ventures

In a recent decision , the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation, as the solicitation impermissibly required that a protégé and mentor in a joint venture have the same level of experience as other offerors. This is an important decision for companies that are parties to a joint venture, and a reminder to carefully review a solicitation’s requirements before submitting a proposal. As relevant background, the Small Business Administration (SBA) revised its regulations in November . . . Read More

10 Questions to Ask for a Successful Government Contractor Change of Name Submission

Government contractor name changes, whether through a standard name change or through a restructuring, present unique regulatory hurdles. One such challenge is the preparation, submission, and execution of a change of name package with the U.S. government. While the change of name package itself is a hurdle, there are additional factors that impact its success. Below are ten questions government contractors should ask, which can make the difference between a successful or unsuccessful change of name. Change of Name Package Documentation . . . Read More

SBA Pivots to Say HUBZone Firms in Redesignated QDA Cannot Maintain 10-Year Principal Office Eligibility Through Long-Term Investment

In January, we issued a client alert discussing how HUBZone firms in redesignated areas could plan to maintain their HUBZone status after the end of 2021. One of the primary strategies we discussed in the client alert was based on Small Business Administration (SBA) guidance about long-term investments in qualified disaster areas (QDAs). At the time, based on SBA guidance, we understood that HUBZone firms located in redesignated areas could qualify their current HUBZone principal office location as HUBZone eligible for at . . . Read More

HHS Issues Proposed Regulations Governing Buy Indian Act Procurement Procedures

Late last year, the Indian Health Service (IHS) of the Department of Health and Human Services (HHS) issued proposed regulations that would, if made final, govern IHS’s use of set-asides under the Buy Indian Act (Act). IHS’s current regulations give little guidance on how set-asides under the Act should be made. If the proposed regulations go into effect, officials at IHS will have a better roadmap for setting aside procurements under the Act. Below are key eligibility and procedural updates . . . Read More

PilieroMazza Earns #1 Spot for Government Contracts Thought Leadership on JD Supra

PilieroMazza attorneys and their thought leadership have taken the #1 government contracting position—for a fourth consecutive year—in JD Supra’s Readers Choice Awards . Cy Alba and Nichole Atallah , partners in PilieroMazza’s Government Contracts and Labor & Employment for Government Contractors practice groups, respectively, were recognized as the Firm’s leading authors, earning a place among JD Supra’s top 10 authors in government contracting. “This is a great achievement for Cy, Nichole, and PilieroMazza’s Government Contracts Group. We are honored that readers engage with and value our content as they address their business and legal concerns,” said  Tony Franco , the Firm’s Managing Partner. . . . Read More

PilieroMazza Celebrates Women’s History Month

PilieroMazza celebrates Women’s History Month and throughout the year, we recognize the ongoing achievements and contributions of the women within the Firm—including our Founding Partner Pam Mazza —who set the foundation for the successful firm we are today and who are leading us into the future.  #WomensHistoryMonth

PPP Eligibility Increases Under American Rescue Plan Act, but Deadline to Apply Remains March 31

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (Act). The Act allotted an additional $7.25 billion in Paycheck Protection Program (PPP) funding for small businesses. Moreover, nonprofit entities and digital media companies are now allowed to receive funding. Below are key PPP eligibility updates made under the Act and details on the borrower application deadline. Under the Act, eligible nonprofits now include those employing 500 or fewer employees per physical location (300 or fewer . . . Read More

Jon Williams Features on SYNNEX-Sponsored CMMC Panel

Jon Williams , Partner in PilieroMazza ’s Government Contracts and Cybersecurity & Data Privacy groups, was recently a featured speaker on SYNNEX’s webinar titled “Practical Asset Inventory Considerations To Get Ready For Cyber Security Maturity Model (CMMC) Certification.” Starting in 2020, a big change was put in place for government contractors providing products and services to the Department of Defense (DOD). No longer will DOD accept cybersecurity “self-assessment” check box compliance for contract awards. Instead, DOD contractors and subcontractors will be required to obtain Cybersecurity Maturity Model Certification (CMMC), . . . Read More

COVID-Related Construction Claims: 4 Key Strategies for Recovery

The construction industry has seen increased costs and contract performance concerns resulting from the impacts of COVID-19. For construction firms contracting with the government, it is critical to understand how to position the firm to recover increased costs. Following are four key recovery strategies to better prepare you before filing a claim or request for equitable adjustment (REA). 1. Understand How Contract Provisions Help Carefully examine the contract to identify provisions that may excuse delays or provide for recovery in . . . Read More