BLOG: Turning Compliance Into a Competitive Edge: Cybersecurity Maturity Model Certification (CMMC) Levels 1 – 3 Update
PilieroMazza previously wrote at some length about the Cybersecurity Maturity Model Certification (CMMC), particularly following release of revision (rev.) 0.4 for public comment. The Department of Defense (DoD) has now released rev. 0.6 for public comment and review. Rev. 0.6 incorporates the public comments resulting from review of rev. 0.4 and, pursuant to those comments, has significantly streamlined the requirements present in rev. 0.4. [1] DoD government contractors will need to prepare for the implementation of CMMC in order to use their compliance as a competitive edge. . . . Read More
BLOG: Healthcare Company Investments and Acquisitions
In recent years, acquisitions of and investments in healthcare companies have been on the rise, particularly driven by increasing private equity investment activity. These investments can provide unique opportunities for healthcare companies to grow and for investors to realize the benefits of the expanding healthcare industry. While these acquisitions and investments often look and feel like standard acquisitions and investments, the highly regulated nature of the healthcare industry imposes additional risks and requirements on any investor in these companies. This . . . Read More
BLOG: JEDI Protest Saga Continues: Amazon Protests Microsoft’s Award in Court of Federal Claims
On November 8, 2019, Amazon filed a bid protest pre-filing notice with the Court of Federal Claims (“COFC”) indicating its intent to protest the Department of Defense’s (“DoD”) award of the Joint Enterprise Defense Infrastructure (“JEDI”) contract to Microsoft. Amazon’s decision to move forward with a protest does not come as a surprise to most practitioners who have been following this hotly contested procurement since its inception. For government contractors, if you are protesting an award, make certain you do . . . Read More
This Just In! SBA’s Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon
On November 12-13, 2019, the U.S. Small Business Administration (SBA) hosted its 5th Annual Mentor Protégé Conference where SBA’s John Klein, Associate General Counsel for Procurement Law, answered questions from the audience regarding various mentor-protégé issues. Mr. Klein provided some key insights regarding recent and upcoming SBA rulemakings that will have a significant impact on small business government contractors. We outline some of these updates below, and will also host a breakfast seminar on November 18, 2019 where Mr. Klein . . . Read More
SBA Publishes Important Proposed Rule Changes to 8(a) and Mentor-Protégé Programs
Today, SBA published a proposed rule to merge its mentor-protégé programs and amend many of its rules governing the 8(a) program and small businesses. The proposed rule would have significant implications for the government contracting community. Comments are due by January 17, 2020, and PilieroMazza will host a seminar on November 18, 2019, from 7:30 AM – 10:30 AM EST at The Ritz-Carlton, Tysons Corner. Our seminar will feature Pamela Mazza , Managing Partner of PilieroMazza , and John Klein , Associate General Counsel for Procurement Law at the Small Business Administration (SBA) and . . . Read More
BLOG: Trouble with Tariffs? You May Have the Basis for an REA or a Claim
In recent years, tariffs have been imposed on an array of goods, ranging from electronics to solar panels to industrial equipment. For companies bidding on contracts now, the tariffs may not be a concern, as the tariffs can be factored into the pricing proposal. However, for government contractors performing contracts that were awarded before the tariffs were imposed, the tariffs may result in increased and unanticipated costs. Those increased costs may provide the basis for a request for equitable adjustment . . . Read More
BLOG: SBA Publishes Important Proposed Rule Changes to 8(a) and Mentor-Protégé Programs
Today, SBA published a proposed rule to merge its mentor-protégé programs and amend many of its rules governing the 8(a) program and small businesses. The proposed rule would have significant implications for the government contracting community. Comments are due by January 17, 2020, and PilieroMazza will host a seminar on November 18, 2019, from 7:30 AM – 10:30 AM EST at The Ritz-Carlton, Tysons Corner. Our seminar will feature Pamela Mazza , Managing Partner of PilieroMazza , and John Klein , Associate General Counsel for Procurement Law at the Small Business Administration (SBA) and . . . Read More
BLOG: 2019 GAO Bid Protest Annual Report: Number of Protests Filed Drops by 16%
GAO recently issued its annual report to Congress , which provides data concerning protest filings for Fiscal Year (FY) 2019. [1] GAO’s annual report confirms a sharp decrease in the number of protests filed. Notably, 2,198 protests were filed in FY 2019—a 16% decrease from FY 2018. The report does not identify a reason for the decrease, but one driver may be the jurisdictional limits on protesting task orders. Initiatives like Category Management have led to more and more requirements being procured as task orders. According to . . . Read More
Have the Flood Gates Opened? Cisco Settles First-Of-Its-Kind Cybersecurity False Claims Act Litigation – Matthew Feinberg, XLNC Magazine
BLOG: Small Talk: SBA Size Calculation for Government Contractors
With changes to size standards this year based on inflation estimated to enable 89,730 firms to gain small business status, annual size recertification requirements , and potentially severe penalties for misrepresentation of size, it is essential that government contractors calculate their size correctly and keep their System for Award Management profile up to date. This is often daunting, as size standards differ by industry and, depending on your industry and the procurement you are pursuing, you may have to calculate your size with . . . Read More