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

GAO Clarifies Scope of Its Task Order Protest Jurisdiction

On November 17, 2020, the Government Accountability Office (GAO) dismissed the post-award task order protest of U.S. Information Technologies Corporation (USIT) for lack of jurisdiction.1  Task order protests related to Department of Defense (DoD) procurements can only be filed with GAO if (1) the order at issue increases the scope, period, or maximum value of the contract under which it is issued or, as it relates to the subject case, (2) the order is valued in excess of $25 million . . . Read More

Unsure Whether You’ll Lose Tax Deductions for a Forgiven PPP Loan? Wait Until 2021 to File for Forgiveness

As it hashes out the details of the next COVID-19 relief package, Congress is facing pressure from business groups to allow businesses to write off expenses covered by forgiven Paycheck Protection Program (PPP) loans. The groups explain that, without write offs, “millions of small businesses . . . will face a surprising, and, in many cases, insurmountable tax bill next year.” We have received questions about the quagmire of regulations covering tax treatment for businesses when PPP loan balances are forgiven. . . . Read More

Defense Production Act Use Under the Biden Administration: What a Stronger Pandemic Response Means for Government Contractors

The Biden Administration plans to adopt a more forceful approach to the COVID-19 pandemic, which will likely include use of the Defense Production Act of 1950 (DPA). As we discussed last April, the DPA authorizes the U.S. government to compel prioritized sales and direct industrial production. For government contractors that receive orders issued under the DPA, operations and contractual obligations can be disrupted, so it is critical to know your rights and obligations under the statute. The DPA authorizes the . . . Read More

SBIR Funding Proposals Due to NIH by January 5, 2021: 5 Tips for Your Submission

The Small Business Innovative Research (SBIR) program provides grant or contract funding to small businesses seeking to commercialize innovative technologies. With $3.2 billion allotted to SBIR each year, there are twelve different agencies that have set aside SBIR funding. One agency is Health and Human Services which provides funding through the National Institutes of Health (NIH). NIH has three grant funding proposal deadlines a year. The next deadline is January 5, 2021. On the NIH/SBIR website , NIH states that the electronic . . . Read More

SBA Releases Loan Necessity Questionnaire for PPP Borrowers

On October 26, 2020, the Small Business Administration (SBA) issued a notice in the Federal Register that, among other updates, announced two new forms, 3509 and 3510 (the Forms),  related to the Paycheck Protection Program (PPP).  Form 3509 is for for-profit businesses, while 3510 applies only to non-profit entities.  These Forms will be sent by PPP lenders only to PPP borrowers who received a principal loan amount of $2 million or more, and borrowers will have ten days to complete it.  According to . . . Read More

PilieroMazza Sponsors MCCC’s 2020 Business Awards

The Montgomery County Chamber of Commerce (MCCC) hosted its 2020 Business Awards on October 29, 2020. The virtual event celebrated the best of Montgomery County’s business community, with organizations and leaders receiving recognition from a variety of industries. PilieroMazza was a proud sponsor of the 2020 Business Partner of the Year Award. The award recognizes an individual or business that meets the mission of MCCC’s Government Contracting Network (GovConNet): to promote the economic impact of the federal government presence and to advocate on . . . Read More

The Government Contractor Gifting Guide: 4 Tips to Avoid Severe Penalties

The holiday season will be here before we know it.  Although this year’s celebrations may look different for many of us, one thing will still be on everyone’s mind: gifts.  For companies, holiday gifting to clients and colleagues can be a cheerful and effective marketing tool.  If your clients or colleagues are government employees, it is important to remember the many rules that govern making gifts to government employees.  Keep these rules in mind to prevent a small gift from . . . Read More

JEDI Update: 3 Years After Launch, DOD’s Critical Cloud Computing Contract Is Still On Hold

The acquisition battle between Microsoft and Amazon Web Services (AWS) over the Department of Defense’s (DOD) Joint Enterprise Defense Infrastructure (JEDI) Cloud contract saw another major development this fall with the announcement that the DOD will again award the JEDI contract to Microsoft following corrective action. This blog provides an update on the JEDI protest, which has potential implications for the government contracting community. On September 4, 2020, after taking corrective action to reassess its evaluation of AWS’ and Microsoft’s . . . Read More