Under retroactive guidance issued by SBA and the Treasury Department on April 23, 2020, CARES Act Paycheck Protection Program (PPP) applicants must consider their access to alternative sources of liquidity before certifying...more
4/28/2020
/ Borrowers ,
CARES Act ,
Certification Requirements ,
Federal Register ,
Good Faith ,
Interim Final Rules (IFR) ,
Liquidity ,
New Guidance ,
Paycheck Protection Program (PPP) ,
SAFE ,
SBA ,
U.S. Treasury
SBA issues interim regulations and guidance on the Paycheck Protection Program, including confirmation of “affiliation” rules that may leave many companies affiliated with their investors and other businesses.
New Small...more
4/10/2020
/ Banks ,
Business Closures ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Loans ,
Financial Stimulus ,
Lenders ,
Liquidity ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief
Guidance on eligibility for small business loans under the CARES Act.
Companies that have investments from venture capital (VC) and/or private equity (PE) funds, or that have raised funds under similar terms from corporate...more
The CARES Act provides $350 billion for small business Paycheck Protection Loans and an additional $10 billion for the existing Economic Injury Disaster Loan program.
Under the CARES Act, Congress has appropriated $350...more
Guidance on forgiveness of Paycheck Protection Loans used for eligible purposes -
Borrowers may receive forgiveness of Paycheck Protection Loan amounts spent on payroll expenses, rent, mortgage interest and utilities during...more
The CARES Act’s Paycheck Protection Program includes a short-term amendment to the Small Business Act’s definition of “small business” to include any business that has 500 employees or fewer across all “affiliates.”
To...more
The Court found the disqualification of an offeror from a pharmaceutical procurement was in error based on a U.S. Customs and Boarder Protection (CBP) interpretation of the Trade Agreements Act of 1979 (TAA)....more
2/14/2020
/ Country of Origin ,
Customs and Border Protection ,
Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Imports ,
India ,
Pharmaceutical Industry ,
Prescription Drugs ,
Public Procurement Policies ,
Trade Agreements Act ,
WTO
SBA’s final rule extends the measurement period from three to five years for contractors under receipts-based size standards to determine eligibility as a small business for federal procurements, including set-aside...more
12/12/2019
/ Agricultural Sector ,
Construction Industry ,
Federal Contractors ,
Federal Procurement Systems ,
Final Rules ,
Look-Back Measurement Period ,
Retailers ,
SBA ,
Set-Aside Contracts ,
Small Business ,
Small Business Runway Extension Act
New strike force to deter, detect, investigate and prosecute government procurement antitrust crimes.
The new Procurement Collusion Strike Force will focus on antitrust crimes, such as bid-rigging conspiracies and related...more
11/15/2019
/ Anticompetitive Behavior ,
Antitrust Violations ,
Collusion ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
FBI ,
Federal Contractors ,
Fraud ,
Public Procurement Policies ,
State Contractors ,
U.S. Attorney
GAO’s sustain rate dropped to 13 percent, the lowest level since Fiscal Year 2015.
Protest activity at the GAO decreased by 16 percent over the previous year....more
Court holds it lacks jurisdiction over protests of task order modifications within scope of underlying IDIQ contract.
The COFC generally is barred by statute from hearing bid protests in connection with the issuance of...more
The interim rule increases all small business revenue-based size standards, allowing many businesses to regain small business status or to remain a small business for longer.
SBA is increasing the revenue-based size...more
SBA’s proposed rule extends the measurement period from three to five years for contractors under revenue-based size standards to determine eligibility as a small business for federal procurement, including set-aside...more
GAO has decided that the Rule of Two is mandatory and universal, and that it applies even when the VA seeks to acquire goods and services through other government agencies.
Another attempt by the VA to limit the...more
Recent GAO protest decision highlights the case law-derived exception to the “late is late” rule for responsibility-related proposal documents.
The FAR “late is late” rule requires rejection of untimely filed proposal...more
Court rules agencies must evaluate the realism of compensation in fixed-price professional services contracts.
An agency must evaluate the risk of whether an offeror’s proposed professional compensation is too low to...more
The Small Business Runway Extension Act of 2018 extends the measurement period from three to at least five years for contractors under revenue-based size standards to determine small business eligibility.
The Runway Act...more
The U.S. Court of Appeals for the Federal Circuit finds the Department of Veterans Affairs’ (VA) Rule of Two takes priority over older and less specific statutory procurement mandates.
The Federal Circuit found that the VA...more
New DoD rules enhance contractors’ post-award debriefing rights.
New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more
For Department of Defense (DoD) acquisitions, the Conference Report for FY 2018 NDAA includes enhanced debriefing rights and pilot program for protester payment of Government costs for denied GAO bid protests.
Enhanced DoD...more
In a unanimous decision issued by the U.S. Court of Appeals for the Federal Circuit on May 1, 2017, the Court held that an otherwise successful protester could not recover its attorney’s fees under the Equal Access to Justice...more