Discretionary Discussions: Federal Circuit Undercuts DFARS Presumption of Discussions and Maybe More

PilieroMazza’s Eric Valle was a guest author for The Nash & Cibinic Report where he published the article “Discretionary Discussions: Federal Circuit Undercuts DFARS Presumption of Discussions and Maybe More.” This article is focused on one important aspect of the Oak Grove decision—the ability to protest an agency’s decision to forgo discussions in a high-value Department of Defense procurement—and the implications for the procurement system. Visit this link to access the full article. Eric previously clerked for the Honorable Matthew H. Solomson at the U.S. Court . . . Read More

Forgiveness Denied: Protecting Your Rights During the PPP Loan Appeal Process

In 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act established the Paycheck Protection Program (PPP). Under the PPP, eligible businesses could receive loans for support through unprecedented times. Loan forgiveness was all but promised by not only lenders processing the loans, but the Small Business Administration (SBA) which was tasked with implementing the program. With SBA planning to claw-back PPP loans for years to come, borrowers should be aware of how to protect their rights when appealing a . . . Read More

Navigating Nondisplacement Rule Reboot for Government Contracts, Nichole Atallah for Law360

In her Law360 article “Navigating Nondisplacement Rule Reboot For Government Contracts,” Nichole Atallah , Chair of PilieroMazza ‘s Labor & Employment Group , examines President Biden’s executive order bringing back to life provisions of the 2009 Executive Order No. 13495 on the nondisplacement of qualified workers under service contracts.  Visit this link to view the full article.

Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance More Uniform

Westlaw Today recently published an article by  Sam Finnerty  titled “Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance More Uniform.” The article covers a recent Civilian Agency Acquisition Council memorandum authorizing civilian agencies to issue Federal Acquisition Regulation (FAR) class deviations to adopt certain exceptions to the limitations on subcontracting requirements for small businesses. The exceptions are already specifically outlined in the Small Business Administration’s regulations, but they have not yet been added to the . . . Read More

DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know

Westlaw Today recently published an article by Jackie Unger titled “DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know.” The article covers a Department of Defense proposed rule that would amend the Defense Federal Acquisition Regulation Supplement to permanently implement the enhanced post-award debriefing rights detailed in Section 818 of the National Defense Authorization Act for Fiscal Year 2018. To access the full article, please visit this link .

What President Biden’s Vaccine Mandate Means for Government Contractors and Private Employers

Westlaw Today recently published an article by Nichole Atallah , Sarah Nash , and Sara Nasseri titled “What President Biden’s Vaccine Mandate Means for Government Contractors and Private Employers.” The article covers President Biden’s July 29, 2021, announcement that all onsite federal employees and contractors are required to be vaccinated or face strict testing, social distancing, and masking requirements—diving into the new vaccine mandate’s implications for federal contractors and private employers. To access the full article, please visit this link .