UPDATE: Huawei Ban and Section 889 Representation RequirementsTo “combat the national security and intellectual property threats that face the United States,” section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for FY 2019 (Pub. L. 115-232) prohibits executive agencies from “entering into, or extending or renewing, a contract with an entity that uses any equipment, system, or service that uses

SBA Issues Annual Small Business Procurement ScorecardThe U.S. Small Business Administration (SBA) recently issued its annual procurement scorecard showing how well federal agencies fared in Fiscal Year 2019 with respect to their small business and socio-economic prime contracting and subcontracting goals.

Of note, the SBA reports that 26.50% (or $132.9 billion) of the total federal contracting dollars spent by the government

Gimme Some Money! – Recent GAO Cases on Recovering Bid Protest CostsAlthough the film This Is Spinal Tap was released in 1984, a bid protest attorney whose client has gotten corrective action or had a protest sustained might still hum along with that film’s song, Gimme Some Money, when thinking about the recovery of protest costs. A protester’s urge to “turn it up to eleven”

New Executive Order on Federal Contractors Employing H-1B Visa Workers and Other Temporary Foreign LaborPresident Trump recently signed an Executive Order focused on a government-wide review of federal contractors’ hiring and staffing practices, specifically taking aim at the H-1B visa program.  The Executive Order states that “[i]t is the policy of the executive branch to create opportunities for United States workers to compete for jobs, including jobs created through

DoD Formally Increases 8(a) Sole-Source Threshold to $100 MillionThe Department of Defense (DoD) recently issued a formal amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) to increase the threshold for requiring contracting agencies to issue sole-source justifications of federal contract awards to companies participating in the Small Business Administration’s 8(a) program.  The amendment increases the threshold from $22 million to $100 million.

New 8(a) BD Program Requirements Effective July 15, 2020As we noted previously, the Small Business Administration’s (SBA) final rule updating the qualification requirements for the 8(a) Business Development (BD) Program will go into effect on July 15, 2020. Importantly, for individuals considering the 8(a) BD Program, the final rule will increase thresholds for qualifying as “economically disadvantaged” and remove prior distinctions between

Increased Flexibility in Paycheck Protection ProgramOn June 5, 2020, the Paycheck Protection Program (PPP) was amended by the Paycheck Protection Program Flexibility Act of 2020 (PPPFA). PPPFA gives borrowers relief from some of the original terms of the PPP loans (as well as terms imposed by the Small Business Administration (SBA) through Interim Final Rules and other guidance) by

All Small Mentor-Protégé Program 2020 Mid-Year ReportThe Small Business Administration (SBA) began accepting applications for the All Small Mentor-Protégé Program (ASMPP) in 2016 and has seen a surge in applications in each successive year.

Under the ASMPP, any small business – including 8(a) small businesses, Historically Underutilized Business Zone (HUBZone) small businesses, veteran-owned and service-disabled veteran-owned small businesses (VOSB/SDVOSBs), woman-owned and

SBA Issues Interim Final Rule on PPP Loan ForgivenessUnder the Paycheck Protection Program (PPP), borrowers can seek loan forgiveness of the full principal amount of loans as early as eight weeks after disbursement of the loan proceeds. On May 22, 2020, the U.S. Small Business Administration (SBA) issued its Interim Final Rule regarding the loan forgiveness application process in advance of anticipated loan

OSHA’s COVID-19 Enforcement Updates: Case Response Plan and Employer Recordkeeping GuidanceOn May 19, 2020, OSHA issued an Updated Interim Enforcement Response Plan for Coronavirus Disease to address how the administration intends to handle COVID-19 related complaints, referrals and reports. At the same time, OSHA also issued Revised Enforcement Guidance for Recording COVID-19 Cases. Both the plan and the updated guidance go into effect on