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Weekly Update for Government Contractors and Commercial Businesses – February 28, 2020

If you have questions concerning the content below, please visit this link . Comments to Proposed Rule on Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments, February 7, 2020 In its role as advocate to small businesses operating in the government contracting arena, PilieroMazza  submitted comments to  RIN 3245-AG94 , Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments. Our full comments are available here . BUSINESS & TRANSACTIONS LAW ANNOUNCEMENT: PilieroMazza Counsels Tribal Tech CEO Victoria Vasques on Acquisition of Cowan & Associates, February 6, . . . Read More

BLOG: JEDI Protest Update: Pentagon Relies on Blue & Gold Fleet to Do Away with AWS’s Allegations of Bias

Oftentimes, a decision not to file a pre-award protest can leave an unsuccessful offeror without an opportunity to be heard at the Court of Federal Claims (COFC). However, the extraordinary circumstances surrounding the JEDI Contract and the Trump Administration’s ongoing, publicized aversion to Amazon could save Amazon Web Service’s (AWS) bias allegations against the Pentagon from an early dismissal. Since filing its protest with the COFC in November 2019, AWS has continued its aggressive attack on the Pentagon’s decision to . . . Read More

BLOG: The Service Contract Right of First Refusal Rules Continue to Fall Away

On January 31, 2020, the Federal Register announced that the U.S. Department of Labor (DOL) rescinded the service contractor “right of first refusal” regulations at 29 C.F.R. Part 9. [1] This was done to implement the President’s October 31, 2019 revocation of the 2009 Executive Order No. 13,495, Nondisplacement of Qualified Workers Under Service Contracts (Nondisplacement Rules). DOL’s move was primarily administrative in nature, given that the President’s revocation order commanded Executive Agencies to stop enforcing the rules.  Generally speaking, Nondisplacement Rules . . . Read More

BLOG: DOJ Inside Access Highlights 4 Things to Expect from the False Claims Act in 2020

Several weeks ago, my colleague Matt Feinberg highlighted “ 4 Issues That Defined the False Claims Act (FCA) in 2019 ” and made predictions about anticipated FCA trends for 2020. At the recent 2020 Advanced Forum on False Claims and Qui Tam Enforcement, Department of Justice (DOJ) Deputy Associate Attorney General Stephen Cox (AG Cox) offered inside access to DOJ’s prospective priorities in enforcing and reforming the FCA for 2020 . Below, we review the DOJ’s resolutions, which allow us to better anticipate and understand issues government contractors may face under the FCA moving forward. Continue qui tam Enforcement Efforts In 2019, we saw . . . Read More

BLOG: SBA Issues FAQs on New HUBZone Program Rules

Earlier this month, the Small Business Administration (SBA) issued its answers to frequently asked questions (FAQs) concerning the new rule changes to the HUBZone Program. These FAQs follow the December 26, 2019 effective date of the new HUBZone rules, and should be helpful for current and potential HUBZone firms. The FAQs address common confusions in the new rules.  For instance, SBA answers how to take credit for an employee who resided in a HUBZone as of the date of certification and for . . . Read More

PilieroMazza Comments to RIN 3245-AG94, Proposed Rule on the Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments

In its role as advocate to small businesses operating in the government contracting arena,  PilieroMazza  submitted comments to RIN 3245-AG94 , Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments.

Weekly Update for Government Contractors and Commercial Businesses – February 5, 2020

If you have questions concerning the content below, please visit this link . CLIENT ALERT: CMMC Is Coming: Are You Ready? PilieroMazza previously blogged  regarding the draft releases of the Cybersecurity Maturity Model Certification (CMMC) guidelines in anticipation of its final release. The Department of Defense (DOD) released the final version of the CMMC guidelines on January 31, 2020. For government contractors, the release signals the start of their preparation, in earnest, for CMMC certification to improve their chances of doing business with DOD. IT system audits are . . . Read More

ANNOUNCEMENT: Senior Litigator Stephanie K. Wood Joins PilieroMazza

Stephanie K. Wood has joined PilieroMazza  as Counsel in the Firm’s  Litigation & Dispute Resolution , False Claims Act , and Audits & Investigations groups in Washington, DC. Commenting on Ms. Wood’s arrival, Practice Group Chair Matt Feinberg said, “Stephanie is an accomplished and insightful litigator who brings an added depth to our litigation and dispute resolution practice. Her breadth of experience will serve our clients well, particularly in complex litigation and investigation matters.” Ms. Wood brings more than 15 years of broad-ranging litigation experience in all facets of the litigation process, from developing . . . Read More

BLOG: Teva Pharmaceuticals to Pay $54 Million to Settle Healthcare-Based FCA Claims

A qui tam False Claims Act (FCA) action brought by two whistleblowers alleging violations of the Anti-Kickback Statute (AKS) has resulted in a $54-million settlement from Teva Pharmaceuticals USA, Inc. and two subsidiaries (Teva) in the case of United States ex rel. Arnstein and Senousy v. Teva Pharmaceuticals USA, Inc. Although it was alleged that the federal government and various state and local governments suffered damages as a result of Teva’s actions, they declined to intervene in the case. Teva’s . . . Read More

What You Need to Know to Prepare for Maryland Sick Leave Requirements

Effective February 11, 2018, Maryland’s Healthy Working Families Act (the “Act”), Maryland’s sick leave law, will go into effect. Although Governor Larry Hogan had vetoed the measure, the Maryland General Assembly overrode the Governor’s veto on January 11, 2018, leaving employers scrambling to prepare for implementation. Following are some of the pertinent, key provisions from the Act that will guide employers in making appropriate policy changes. Does Your Business Have to Comply? The Act covers all employers, but employers with . . . Read More