New COVID-19 Relief Bill includes key changes to the Paycheck Protection Program (PPP), including making second loans available to certain businesses, and clarifies that forgiven PPP loans will be tax deductible.
The new...more
12/28/2020
/ Business Expenses ,
CARES Act ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
IRS ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Popular ,
Relief Measures ,
SBA ,
Tax Deductions
A recent decision from the Civilian Board of Contract Appeals highlights that the Board will demand sufficiently detailed privilege logs from both agency and contractor litigants.
Contractors and agencies must prepare...more
The proposed rule would increase the receipts-based small business size standards for 70 service industries in five industrial sectors, allowing many businesses to qualify or re-qualify for small business set-aside...more
The proposed rule would increase the receipts-based small business size standards for 46 service industries, allowing many businesses to remain a small business for longer or regain their small business status.
Using a...more
The Armed Services Board of Contract Appeals released its fiscal year 2020 Annual Report, which offers valuable statistics for contractors to consider.
Contractors filed 497 appeals in FY 2020 (compared with 418 filed in...more
As part of the Indian government’s initiatives to revitalize the Indian economy, particularly defense manufacturing, it recently announced new initiatives aimed at foreign defense contractors and investment.
The Indian...more
The final rule consolidates the two mentor-protégé programs and clarifies and updates many provisions in SBA’s small business procurement regulations.
Small businesses are now required to recertify their size status when...more
The Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued guidance concerning recently issued Executive Order 13950 (EO) which prohibits federal contractors from including certain concepts related...more
Congress passed a continuing resolution that extends the authorization for agencies to reimburse contractors under Section 3610 of the CARES Act until December 11, 2020.
Unless agency-specific guidance states otherwise,...more
Executive Order 13950 (EO) prohibits federal contractors from including “divisive” concepts related to race and sex stereotypes in workplace trainings.
The EO will require all federal contracts to include a prohibition on...more
We have been carefully monitoring the litigation filed across the country, where businesses are seeking coverage for the business interruption losses arising from the government closure orders issued to address COVID-19. Some...more
While GAO does not make any recommendations in its report, it provides a useful overview of the federal government’s implementation of Section 3610.
Agencies made relatively little use of their Section 3610 authority...more
9/11/2020
/ CARES Act ,
Contractors ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Federal Procurement Systems ,
Final Rules ,
GAO ,
General Services Administration (GSA) ,
NASA ,
New Guidance ,
OMB ,
Reimbursements ,
Relief Measures ,
Stop Work Orders
Recent developments in small business procurement policy indicate that the government’s increase in the amount of contract awards to small businesses is likely to continue.
The government exceeded its 23 percent small...more
Case remanded to Court of Federal Claims to clarify whether CAS Impact Calculation involving multiple unilateral changes may include contractor “offsets”
Federal Circuit revives the question of whether the FAR 33.606...more
New rules and developments continue to proliferate as the U.S. government seeks to minimize supply chain threats and cybersecurity risks.
For contract awards issued after August 13, 2020, prime contractors must conduct a...more
7/16/2020
/ Compliance ,
Cybersecurity ,
Department of Defense (DOD) ,
DFARS ,
FCC ,
Huawei ,
Interim Rule ,
National Security ,
Networks ,
Supply Chain ,
Telecommunications ,
ZTE
In an effort to curb the potential risk associated with reliance upon the Russian Federation for energy, the Department of Defense issued a class deviation that prohibits contractors from using any Russian-sourced energy to...more
The final rule implements the statutory prohibition against self-certification for WOSB and EDWOSB set-aside and sole source awards.
Beginning on October 15, 2020, concerns may no longer self-certify as a Women-Owned Small...more
On May 5, 2020, the Small Business Administration (SBA) and the Treasury Department extended by one week the “safe harbor” for CARES Act Paycheck Protection Program (PPP) applicants to return their loans in the event that the...more
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
As state and local governments issue shelter in place directives that keep workers at home and close production lines, businesses advocating to remain open should consider whether the Defense Production Act supports their...more
As government contractors scramble to tackle contract performance changes and disruptions proximately caused by COVID-19, guidance suggests that federal agencies may act equitably.
Federal procurement agencies seem inclined...more
Government contractors face unique challenges while they perform federal contracts during the coronavirus (COVID-19) pandemic. Contractors should prepare for the factual scenarios they may encounter and consider the Federal...more
As a result of the COVID-19 pandemic, President Trump invoked his wartime authority under the Defense Production Act (the Act) to fulfill orders deemed necessary for national defense.
The Act allows the federal government...more
The Civilian Board of Contract Appeals recently released its fiscal year (FY) 2019 report. There are some interesting statistics for contractors to consider. Of note, litigants continue to benefit from the Board’s penchant...more
The President revoked Executive Order (E.O.) 13495, which required successor contractors to offer service employees employed under the predecessor contract a right of first refusal.
The revocation immediately terminates...more