Biden Announces 50 Percent Increase in Small Disadvantaged Business Contracting Goals: Key Details for Government Contractors

On June 1, 2021, President Biden marked the 100-year anniversary of the Tulsa Race Massacre by announcing the Biden-Harris Administration’s plan to increase small disadvantaged business (SDB) contracting goals by fifty percent. The White House also released new information regarding President Biden’s American Jobs Plan. Below are key details on the new SDB contracting goals for government contractors. Biden’s announcement launched an all-of-government effort to expand contracting opportunities for underserved small businesses across the country. The new goal is to . . . Read More

DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know

As we previously reported , Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (2018 NDAA) required the Department of Defense (DOD) to issue new regulations to establish more detailed and comprehensive post-award debriefing rights. In March 2018, DOD issued a class deviation to implement some, but not all, of the rights required by the 2018 NDAA. On May 20, 2021, DOD published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement to make permanent various changes in the . . . Read More

SBA Proposes to Increase Small Business Eligibility for Loan Programs Through Size Standard Revisions

On May 25, 2021, the Small Business Administration (SBA) issued a proposed rule that would increase size standards for 49 industries in the Wholesale Trade (Sector 42) and Retail Trade (Sectors 44-45) sectors. The North American Industry Classification System (NAICS) codes under these sectors are not used to classify government acquisitions for supplies. Instead, procurements for supplies are classified under a manufacturing or supply NAICS code. Therefore, SBA estimates that this rule would not have any impact on federal contract dollars awarded . . . Read More

8 Key Takeaways from Executive Order on Improving the Nation’s Cybersecurity for Government Contractors

On May 12, 2021, the Biden administration released a far-reaching executive order intended to improve the U.S. government’s cybersecurity posture, both internally and in any private information technology (IT) systems that “touch” federal IT systems. The executive order is available here , and a related fact sheet is available here . This executive order will work in tandem with existing initiatives, such as the Cybersecurity Maturity Model Certification (CMMC), the Federal Risk and Authorization Management Program, and National Institute of Standards and . . . Read More

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 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