Your company, which has never had a federal grant or contract, was just awarded a $10 million grant to fund a much-needed construction project. Now what? Register for our upcoming webinar that will answer this question and more. Over the next few years, the federal government will be awarding hundreds of billions of dollars in grants under the Infrastructure and Jobs Act and the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, among other sources of federal funding. While those projects will create significant opportunities for companies, many of the grants will be awarded to ..read more

On March 22, the Government Accountability Office (GAO) sustained a protest challenging an agency decision finding the protester ineligible for award under both the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Security Act) and the solicitation’s System for Award Management (SAM) registration requirements. GAO disagreed with the Department of State’s (or Agency) arguments, holding that Pernix Federal LLC’s (Pernix) submissions complied with all requirements of the prequalification process and the solicitation. The decision clarifies that stand-alone entities that prequalify as de ..read more

On April 1, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) opened its Contractor Portal for its annual Affirmative Action Program (AAP) certification. Covered federal contractors and subcontractors have until July 1 to sign in and certify they have developed, and continue to maintain, AAPs.   Initially launched in December 2021, the AAP certification has become an annual requirement for many government contractors. This is the third time the OFCCP has required contractors certify to take certain AAP measures in an attempt to guarantee contractors are prov ..read more

On February 14, the Government Accountability Office (GAO) dismissed a protest by Marathon Medical Corporation, an unsuccessful bidder, concluding that its protest was untimely. GAO reasoned that its strict timeliness requirements prohibited it from hearing a protest filed less than 10 days after the closing of quotation submissions and following an agency-level protest. The GAO’s interpretation of “adverse agency action” should be understood by any government contractor or risk missing an opportunity to protest a procurement.   The Procurement at Issue The Department of Veterans Affairs ..read more

On March 12, the Department of Defense (DOD) promulgated a final rule that expands the eligibility criteria for the Defense Industrial Base (DIB) Cybersecurity Program, a voluntary initiative aimed at bolstering the DIB’s ability to safeguard critical information. The rule will now allow any defense contractor who “owns or operates an unclassified information system that processes, stores, or transmits covered defense information to” take part in the program, removing certain requirements that created obstacles hindering participation. The Program The DIB Cybersecurity Program is a voluntary e ..read more

On March 6, the Federal Circuit held that a software company sufficiently established jurisdiction under the Contract Dispute Act (CDA) where its end-user license agreement (EULA) was incorporated into another contractor’s Federal Supply Schedule (FSS) agreement with the Food and Drug Administration (FDA). The ruling explains that an allegation of the existence of a contract with the government is all that is necessary to establish jurisdiction. This decision eliminates a long-limiting jurisdictional hurdle prohibiting companies without a direct contractual relationship from bringing direct cl ..read more

We published an article titled “Department of Defense Publishes Long-Awaited CMMC Proposed Rule,” in the March 2024 edition of Cyber Defense Magazine. In the article, we discuss the function of the CMMC Proposed Rule to protect sensitive information being handled by government contractors and identify individuals and organizations that will be tasked with complying with the program. We go on to describe the three levels of CMMC certification, the requirements designated by each level, and contractors that fall under them. “The applicable CMMC level will be determined by DoD program managers wh ..read more

On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider it.  GAO reasoned that because “the value of the task order [was] below $25,000,000 . . . it does not have jurisdiction to consider the protest.”  One would think the $25 million threshold applicable to protests of DOD task orders (the threshold is $10 million for civilian agency task orders) would be easily understood and simple to apply. However the ELS decision ..read more

On December 26, the Department of Defense (DoD) published its long-awaited Cybersecurity Maturity Model Certification (CMMC) Program proposed rule, which places comprehensive cybersecurity and information security requirements on DoD contractors and subcontractors. Currently, the DoD has a patchwork of security requirements implemented through various Defense Federal Acquisition Regulation Supplement (DFARS) clauses. However, it lacks a central tool to ensure contractors are continuously in compliance with those requirements. The proposed rule seeks to create a mechanism for the DoD to verify ..read more

I am looking forward to discussing the Build America Buy America Act during a Tennessee Apex Accelerator webinar on Wednesday, January 24, 2024. This legislation mandates that federally-funded infrastructure projects prioritize American-made products, fostering a competitive advantage for domestic manufacturers. Our upcoming webinar aims to equip manufacturers with the knowledge and insights needed to navigate the intricacies of the Act, ensuring they can effectively position themselves in the marketplace. By delving into the Act’s requirements and implications, participants will gain a strate ..read more