BLOG: Top Priorities from SBA Administrator Jovita Carranza
On January 7, 2020, the Senate confirmed U.S. Treasurer Jovita Carranza as the 26th Administrator of the Small Business Administration (SBA). During her testimony before the Senate Committee on Small Business and Entrepreneurship, Carranza listed a number of priorities she will bring to her role at SBA. Below are notable priorities that may impact small businesses and/or government contractors. Provide Better Resources to Small Businesses in Disadvantaged Communities Carranza mentioned that connecting small businesses from disadvantaged communities with SBA support . . . Read More
BLOG: New DoL Rule Clarifies Joint Employer Status Under FLSA
On January 16, 2020, the Department of Labor’s (DoL) Wage and Hour Division will publish a final rule clarifying joint employer status under the Fair Labor Standards Act (FLSA), adopting a four-factor test to determine joint employer status. The rule simplifies and narrows the interpretation of a joint employer from the interpretation implemented by the Obama administration. This final rule will benefit companies establishing cooperative business arrangements as they seek assurances as to whether they will be responsible for ensuring . . . Read More
BLOG: The FCA Continues to Pay (For the Government): Key Takeaways from DOJ’s FY 2019 Fraud Statistics
On January 9, 2020, the Department of Justice (DOJ) announced that it recovered more than $3 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year (FY) 2019, which ended September 30, 2019. Along with the announcement, the government issued its annual fraud statistics report for the fiscal year. The government’s announcement and report confirmed trends in FCA litigation and other fraud cases that government contractors should look out for in 2020 . . . Read More
BLOG: DoD’s Upcoming Cybersecurity Maturity Model Certification (CMMC): Still on Target?
PilieroMazza has been blogging a lot over the past year about the Department of Defense’s (DoD) highly anticipated CMMC. And there has been a lot to say, from the early stages of CMMC as a new “overarching standard,” to its first public draft release, through its first major streamlining, and finally to its latest public draft release in early December 2019. The pace of developments is expected to increase in 2020 as DoD releases a compliance checklist, finalizes the certification standards, and . . . Read More
The Implications of SBA’s Proposed Rule Changes for Tribally Owned 8(a) Businesses
The Small Business Administration (SBA) recently published a proposed rule that would merge its mentor-protégé programs and amend many of its rules governing the 8(a) program. Our Firm’s Managing Partner, Pamela Mazza , recently explained the rule’s significant implications for the government contracting community. In particular, SBA’s proposed rule would make a number of changes to the 8(a) program and regulations applicable to tribally owned 8(a) businesses. Pam and her partner Peter Ford will be attending a tribal consultation meeting in Oklahoma City on January 16, . . . Read More
BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 1 – The Good
Open-source code is all the rage. With developers at Fortune 500 companies and hobbyists alike using it to make better products and cut development costs, it is ubiquitous in the commercial market, and government contractors are catching the buzz. Faced with ever-evolving software regulations, though, they need facts before dealing with a federal buyer. In this short blog series, we will walk through the key benefits, drawbacks, and risks associated with the use of open-source code in government contracting, especially . . . Read More
BLOG: Government Agencies Release 2020 Regulatory Agendas
As 2019 comes to a close, the government is setting its short- and long-term goals for 2020. On December 26, 2019, a number of federal agencies released their regulatory agendas for the upcoming year, including the Department of Defense (DoD), the Small Business Administration (SBA), and the Federal Acquisition Regulation (FAR) Council (which consists of DoD, the National Aeronautics and Space Administration (NASA), and the General Services Administration (GSA)). Many regulatory agenda items could impact government contractors and small businesses, . . . Read More
The 2020 NDAA’s Impact on Government Contractors
On December 17, 2019, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2020, sending it to the White House for the President’s signature. As with prior NDAAs, the 2020 NDAA includes a number of provisions that affect procurement policy, management, and related matters. Below, we summarize some of the more notable provisions that will impact government contractors. Section 823 – Modification of Justification and Approval Requirement for Certain Department of Defense Contracts Section 823 of . . . Read More
BLOG: Cybersecurity Maturity Model Certification (CMMC): The Final Countdown
PilieroMazza recently wrote about the Department of Defense’s (DoD) release of revision (rev.) 0.6 of its Cybersecurity Maturity Model Certification (CMMC), which only addressed certification Levels 1–3. DoD has now released rev. 0.7. All DoD contractors will be required to obtain CMMC certification in the coming months to show their IT systems’ capabilities with respect to protecting DoD sensitive information. Rev. 0.7 gives updates at all Levels. Additionally, rev. 0.7 contains new discussion and clarifications for Levels 1–3 and for the application . . . Read More
BLOG: Liquidated Damages Clauses: Important Considerations for Business Owners
When drafting or negotiating any contract, businesses should give careful consideration to avenues of recovery in the event of a breach by the other party. At times, this determination is straight-forward, such as where a party fails to pay amounts owed. But the analysis can become complicated in situations where damages aren’t readily quantifiable, such as where a trade secret is misappropriated or a former employee solicits a company client. To simplify such issues, businesses include liquidated damages provisions in . . . Read More