Government Purpose Rights in Technical Data and Software Developed with DOD Funding

When you develop technical data or software, in whole or in part, with government funding, it is important to know the scope of data rights that the government will obtain at the outset, both with respect to components that were developed solely at private expense and those that were developed with government funding. However, because technical data and software are often developed with multiple funding sources and are continually updated and improved, it can be difficult to determine these data . . . Read More

SBA Takes Steps to Address PPP Validation Error Problems

On February 10, 2021, the Small Business Administration (SBA) announced new policy changes to the Paycheck Protection Program (PPP) meant to address an ongoing issue loan applicants face regarding validation error codes. These error codes serve as validation checks to combat fraud and prevent improper loans from being issued to ineligible businesses. However, many eligible businesses have received such error codes during the application and forgiveness process, delaying necessary economic relief. SBA’s new changes grant additional authorities to lenders for borrowers . . . Read More

The First 100 Days: President Biden’s Buy American Executive Order, What Government Contractors Need to Know

President Biden signed an executive order (EO) on January 25, 2021, titled “Ensuring the Future Is Made in All of America by All of America’s Workers.” Referring broadly to all statutes, regulations, rules, and executive orders that relate to Buy America, Buy American, or domestic sourcing requirements as “Made in America Laws,” the EO expresses the new administration’s policy that the U.S. government should maximize the use of domestic products and services and “should, whenever possible, procure goods, products, materials, and services . . . Read More

The First 100 Days: President Biden’s Plan to Secure a Sustainable Public Health Supply Chain, 3 Tips for Government Contractors

In November, we published a post on potential Biden administration use of the Defense Production Act of 1950 (DPA) in response to the COVID-19 pandemic. In his first week in office, President Biden invoked the DPA and signed an executive order to secure a sustainable public health supply chain. The executive order gives insight into how the Biden administration may use the DPA going forward. The following explains the Biden administration’s goals for pandemic preparedness and potential DPA use and identifies . . . Read More

The First 100 Days: President Biden Signs Memo on Tribal Consultation and Strengthening Nation-to-Nation Relationships

Last week, President Biden signed a Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships . In the memorandum, President Biden says “It is a priority of my Administration to make respect for Tribal sovereignty and self-governance, commitment to fulfilling Federal trust and treaty responsibilities to Tribal Nations, and regular, meaningful, and robust consultation with Tribal Nations cornerstones of Federal Indian policy.” The memo also reaffirms Executive Order 13175 , which “charges all executive departments and agencies with engaging in regular, meaningful, and robust consultation with Tribal officials in the development of . . . Read More

Top Bases for REAs and Claims Arising Under COVID-19

COVID-19 has increased costs for government contractors in almost every sector. Requests for Equitable Adjustment (REAs) and claims are available to contractors seeking compensation. But when should you submit an REA or claim? Below are top bases for filing REAs or claims that government contractors should look for when facing cost increases due to COVID-19. Delays Delays in contract performance are a common driver of increased costs and/or the need to extend a contract’s period of performance for government contractors. . . . Read More

The End of An Area: Planning Now for Potential Loss of HUBZone Status

2021 is an important year for the many HUBZone firms located in redesignated areas that will lose HUBZone status after 12/31/21. For these firms, the time is now to plan for maintaining HUBZone status in 2022 and beyond. Here’s what you need to know. If you are located in a redesignated area that loses HUBZone eligibility after this year, you could make plans this year to move your office to a new location that will still be HUBZone eligible after . . . Read More

DOJ Announces Nation’s First Settlement of Civil Case for PPP Loan Fraud

On January 12, 2021, the U.S. Department of Justice (DOJ) entered into a settlement with California-based SlideBelts, Inc. (SlideBelts) and its president and chief executive officer in what is advertised as the country’s first settlement in a civil case arising out of fraud in the Paycheck Protection Program (PPP) loan program initiated through the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This first-of-its-kind settlement is a reminder to small businesses that received PPP loans to take their representations and . . . Read More

The VA Issues Class Deviation: Important Changes Governing Limitations on Subcontracting Effective Immediately

On December 23, 2020, the Department of Veterans Affairs (VA) issued a class deviation to implement the Small Business Administration’s (SBA) formulation of the limitations on subcontracting (LOS) and nonmanufacturer rule (NMR) for all VA contracts awarded to small businesses or under SBA socioeconomic programs. SBA’s formulation is outlined in its May 31, 2016, final rule . The VA’s class deviation follows the release of a Civilian Agency Acquisition Council (CAAC) letter , which authorized civilian agencies to issue such class deviations to promote regulatory . . . Read More

SBA to Publish Interim Final Rule on Extension of 8(a) Participation

Both the Appropriations Act and the 2021 National Defense Authorization Act permit businesses who were participants in the 8(a) Business Development program on or before September 9, 2020, to extend their participation in the program for a period of one year. Accordingly, the U.S. Small Business Administration (SBA) is expected to publish a final rule incorporating this mandate tomorrow, January 13, 2021. Below are key takeaways for government contractors seeking to extend participation in the 8(a) program. Eligibility Requirements Through . . . Read More