On September 20, 2019, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”), published a document proposing to amend the Federal Acquisition Regulation (“FAR”) to add two new clauses that notify contractors about the exemptions from liability for Afghanistan taxes, customs, duties, fees or similar charges. Comments for the proposed rule will continue to be accepted on or before November 19, 2019. Small and large government contractors performing in Afghanistan need to ensure . . . Read More
The ability to suspend and debar contractors is a tool the federal government can deploy when necessary to protect it from unscrupulous contractors. Critically, it is not intended to be used punitively. The reason for this is clear, especially when dealing with small businesses: if you debar or suspend a company without evidence that it is not a responsible contractor, you risk destroying part of the United States’ industrial base and numerous jobs that Americans rely on without good cause. Too often . . . Read More
“How do I keep my employees from leaving? Talent is so hard to find and retain!” These are comments we hear all the time from clients struggling to compete for talent in a pool that is growing ever more competitive. It can be overwhelming and confusing to consider the many options available—cash bonus plans, broad-based qualified plans, stock options, restricted stock, stock appreciation rights, phantom stock. Which is right for you and your company? To read the full blog, please . . . Read More
Our Corporate and Government Contracts attorneys often counsel contractors interested in acquiring an entity with a clearance or assets used on a classified contract. The clearance is a consideration in the transaction that cannot be overlooked. Indeed, the clearance is often one of the seller’s most important “assets.” Buyers and sellers alike should be aware of the National Industrial Security Program Operating Manual (“NISPOM”) requirements. For instance, if the acquisition is a stock purchase and the buyer holds the acquired firm as . . . Read More
For most small to medium-sized businesses, the threat of a class action is not usually front-of-mind. However, as a business grows, the threat can increase depending on the number of employees and the nature of the work being performed. Class actions are commonly thought of as involving hundreds, if not thousands, of individuals. However, courts routinely consider much smaller groups of employees, including groups of approximately 40 individuals to be sufficient to establish a class action. To reduce the risk . . . Read More
While it is often thought that forming a business is a simple process accomplished by filing formation documents provided by a jurisdiction’s Secretary of State (or equivalent), actual compliance with a particular jurisdiction’s corporate and/or limited liability company law provisions requires further analysis. For many types of professional services businesses, most states require such professional services businesses to organize as professional corporations (“PCs”) or professional limited liability companies (“PLLCs”), which impose additional organizational requirements. Professional services businesses are often categorized . . . Read More
If you have questions concerning the content below, please visit this link . FALSE CLAIMS ACT / GOVERNMENT CONTRACTS LAW Buyer Beware: More Stringent Standards for Government Contractors Under the Buy American Act on the Horizon, October 4, 2019, Jackie Unger President Trump has made “buy American and hire American” a key goal for his administration. To that end, the President has signed three executive orders to impose stricter enforcement of the Buy American Act, the latest of which was issued on July 15, 2019. While this new Executive Order . . . Read More
President Trump has made “buy American and hire American” a key goal for his administration. To that end, the President has signed three executive orders to impose stricter enforcement of the Buy American Act (BAA), the latest of which was issued on July 15, 2019. While this new Executive Order on Maximizing Use of American-Made Goods, Products, and Materials (the Executive Order) does not have any immediate effect on federal procurements, it proposes significant changes to the Buy American requirements, . . . Read More
If you have questions concerning the content below, please visit this link . CYBERSECURITY & DATA PRIVACY Start Preparing Now for DoD’s Upcoming Cybersecurity Maturity Model Certification (CMMC), September 27, 2019, Jon Williams and Emily Rouleau For a while now, we have been writing about the increasing impact of cybersecurity on the government contracting world, which, as Jon wrote, has become the “ fourth pillar ” of Department of Defense (DoD) acquisitions. The latest evidence of this was discussed by our colleague, Dave Shafer, in his recent blog discussing a . . . Read More
PilieroMazza is pleased to announce that Anna Wright has joined the Firm as an Associate in its Government Contracts Group . Ms. Wright represents commercial businesses in a variety of government contracting matters. “With her business-minded approach to government contractor needs, Anna’s practice in federal contracting will be invaluable to our clients and the PilieroMazza team,” said Isaias “Cy” Alba , a partner in the Firm’s Government Contracts Group. Ms. Wright guides commercial businesses through bid protests at all levels, and assists clients in size and status . . . Read More
