govconjudicataTM

Recent Government Accountability Office ("GAO") bid protest decision reiterates the rule that agencies must provide enough information in a solicitation so offerors can bid intelligently. Where a protester challenges a solicitation that lacks sufficient detail and runs afoul of this rule (and others), GAO will likely sustain the protest.

The protest of ASRC Federal Data Network Technologies, LLC; Ekagra Partners, LLC, B-418085.4; B-418085.5; B-418085.7, May 5, 2020 i...

The Verizon 2020 Data Breach Investigations Report ("DBIR") is here.  In this 13th DBIR, Verizon analyzed a record total of 157,525 incidents, of which 32,002 met their quality standards and 3,950 were confirmed data breaches. 

Before we dive into some the data, here are some helpful definitions:

• Threat actor: Who is behind the event? This could be the external “bad guy” that launches a phishing campaign or an employee who leaves sensitive documents in their seat-back...

This week's Weekly Debrief covers CMMC-AB's first class of auditors, HackerOne's services authorized for federal agency use, SpaceX/NASA's historic launch next week, local governments turn to Congress for help, GSA terminates McKinsey's schedule contract, and DoD AI.

Cyber

• NextGov – Pentagon’s Cybersecurity Accreditation Board Seeks First Class of Auditors

  • ​"School’s in for summer. The accreditation body responsible for implementing the Defense Department’s Cybersecurity Maturity...

On Friday, May 15, 2020, the U.S. Small Business Administration ("SBA"), in consultation with the U.S. Department of the Treasury, published its 11-page Paycheck Protection Program ("PPP") Loan Forgiveness Application and instructions (SBA Form 3508).

As SBA notes, the "documents released today will help small businesses seek forgiveness at the conclusion of the eight week covered period, which begins with the disbursement of their loans." In addition, SBA anticipates that it will soon release re...

Last week, a good friend asked me a question about the Coronavirus Aid, Relief, and Economic Security ("CARES") Act and the Paycheck Protection Program ("PPP"). Specifically, they wanted to know whether forgiven PPP loan amounts are treated as taxable income? Because the tax issues related to PPP loans are nuanced, I decided to expand upon it for our readers.

Question:

Are forgiven PPP loan amounts (i.e., that do not need to be repaid) treated as taxabl...

This week's Weekly Debrief covers several interesting topics, including a satellite maker's bankruptcy filing, Space Command's new home, legislation to expand CISA's powers, IRS wants to automate its grants management system, GSA's tool to track spending, and DOJ's recent PPP fraud charge.

Defense

• NextGov – Air Force Leaders Fret As Another Satellite Maker Declares Bankruptcy

  • ​"The self-congratulatory tone in Intelsat’s Wednesday press release — a restructuring “for long-term...

On May 11, 2020, the U.S. Small Business Administration ("SBA") published its long-awaited final rule amending its regulations for the Procurement Program for Women-Owned Small Business Concerns (the "WOSB Program"). We previously discussed SBA's proposed rule here.

Specifically, the final rule implements a certification requirement for small businesses who want to compete for WOSB Program set-aside contracts, sole source contracts, and awards under multiple award contrac...

This GovConJudicata Podcast is the inaugural episode* of the GovCon with Josh & Jenny series. Our discussion covers the Paycheck Protection Program ("PPP") and what small businesses should be thinking about when applying for and receiving PPP loans. As a reminder, this episode only provides a general overview of some of the issues relating to PPP loans––Federal guidance/rules regarding PPP loan procedures and considerations is rapidly changing (for example, SBA updated its FAQ on May 13, 2020 wi...

For some small businesses, securing your information systems (and your proprietary data) might seem complicated and expensive, but it doesn't have to be.  After all, cybersecurity can simply be described as implementing practices, procedures, and technologies to protect the confidentiality, integrity, and availability of data (i.e., to help prevent unauthorized access to data and cyberattacks).

A cybersecurity program can begin with, for example, creating i...

This week's Weekly Debrief covers Amazon's latest JEDI protest, DoD's accelerated contractor payments, how COVID-19 is changing ransomware, FPDS in beta.SAM.gov delayed, and Justice's first PPP stimulus fraud charges.  

Defense

• NextGov – Amazon Files Another Protest Over JEDI Contract

  • ​"Amazon Web Services filed an agency protest with the Defense Department Monday seeking what the company said was clarification over ambiguous pricing requirements in the amended JEDI solicitation."

    ...