Crackdown on Pandemic Fraud: Impact on Small Business Government Contractors
On March 2, 2023, the White House announced that President Biden intends to ask Congress for $1.6 Billion to combat ongoing fraud related to COVID relief programs, referred to as “pandemic fraud.” This comes in the wake of “historic” levels of fraud that occurred during the COVID-19 pandemic, the full extent of which is still not fully known. In the White House’s announcement, it notes that the requested $1.6 Billion will be for President Biden’s three-part Pandemic Anti-Fraud proposal. These three . . . Read More
Recovering Bid Preparation and Proposal Costs for Government Contractors: ARxIUM Provides Helpful Guidance
Filing a bid protest and ultimately recovering bid preparation and proposal costs after winning may not be a primary concern for contractors as they pursue a new contract. However, a recent Court of Federal Claims decision provides useful, but often overlooked, guidance for government contractors hoping to recover costs in such situations. This blog summarizes the Court’s decision in ARxIUM, Inc. v. United States [1] and suggests best practices for contractors to maximize cost recovery and improve bid preparation processes in . . . Read More
Proposed Ban on Non-Compete Agreements May Affect Government Contractors’ Ability to Win Recompetes
In January 2023, the Federal Trade Commission (FTC) issued a proposed rule to ban the use of non-compete clauses in employment agreements. The rule follows President Biden’s July 9, 2021, executive order encouraging the FTC to engage in rulemaking restricting the “unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” The FTC invites the public to comment by March 20, 2023. In this blog, we discuss important considerations related to the FTC’s proposed nationwide ban . . . Read More
GSA Technology Contractors: 4 Requirements to Ensure Only Approved Software Is Used
Almost two years ago, Executive Order 14028 – Improving the Nation’s Cybersecurity (EO) was issued requiring a host of actions be taken by the Federal Acquisition Regulation (FAR) Council, the National Institute of Standards and Technology (NIST), as well as the Office of Management and Budget (OMB). NIST completed one of those actions, which required it to identify “practices that enhance the security of the software supply chain,” when it released guidance on a secure software development framework and software supply chain security. In a recent memo , OMB . . . Read More
SBIR/STTR Reauthorization: Do’s and Don’ts of Program Eligibility for Small Business Contractors in Science and Technology
The Office of the Under Secretary of Defense for Research and Engineering oversees the Department of Defense Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. In September, Congress reauthorized the programs through 2025, and President Biden signed the SBIR and STTR Extension Act of 2022 (Act). SBIR/STTR programs present an opportunity for small business contractors in science and technology to assist the government with unique research and development needs. Below, PilieroMazza discusses the do’s and don’ts of SBIR/STTR program eligibility. SBIR/STTR programs provide . . . Read More
Impact of Postal Service’s $9.6 Billion Sustainability Investment on the Future of Government Contracts
The United States Postal Service (USPS) recently announced that it intends to procure over 60,000 new electric vehicles by 2028 in an effort to modernize its fleet and become more environmentally responsible. In this blog, PilieroMazza summarizes the USPS’s announcement and analyzes what impacts this acquisition may have on government contractors interested in sustainable procurements. The USPS Announcement On December 20, 2022, the USPS announced it was taking a major step towards becoming more environmentally conscious by investing $9.6 Billion over the . . . Read More
Congress Passes FY2023 NDAA and Implements Significant Changes to Federal Procurement Policy
Congress recently passed the FY2023 National Defense Authorization Act (NDAA) , authorizing $858 billion in defense spending and implementing some significant changes to federal procurement policy. The bill will now be sent to President Biden to be signed into law, which we anticipate will happen any day. PilieroMazza examines key themes and provisions in the FY2023 NDAA that government contractors (small and large) should know to take advantage of contract opportunities and maintain compliance requirements. Background The NDAA is annual legislation that authorizes funding and programs for . . . Read More
Inflation Relief Is Coming for DOD Contractors
As PilieroMazza has reported , rising costs due to inflation have been one of the most significant issues facing contractors with fixed-price contracts for the past year. Although the Department of Defense (DOD) and General Services Administration (GSA) have taken some steps to ameliorate the situation, those solutions have left contractors wanting. But true relief may be in sight. Congress included a provision in the National Defense Authorization Act (NDAA) for Fiscal Year 2023 that would authorize DOD contractors to receive . . . Read More
Final Rule Establishes Requirements for New SBA Veteran Small Business Certification Program
The Small Business Administration (SBA) issued a final rule last week, officially transferring the responsibility for certification of veteran-owned small businesses (VOSB) and service-disabled veteran-owned small businesses (SDVOSB) to SBA, effective January 1, 2023. We previously blogged about this change here , indicating that Section 862 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 provided for the elimination of the Department of Veterans Affairs’ (VA) certification program altogether and implementation of a certification requirement for all VOSB / SDVOSB . . . Read More
2022 GAO Bid Protest Annual Report: Key Takeaways for Government Contractors
The Government Accountability Office (GAO) recently released its 2022 Bid Protest Annual Report (Report), which reviews statistics compiled from the cases brought before the agency, including protests, cost claims, and requests for reconsideration. In this blog, PilieroMazza analyzes what the Report reveals about bid protests at GAO, including recent trends and how the information could affect a contractor’s decision to file a protest and its likelihood of success. Analysis of the Report In fiscal year 2022, the number of cases filed with GAO was down 12% . . . Read More