The Weekly Update for March 29, 2019
GOVERNMENT CONTRACTING The Office of the Under Secretary of Defense released a class deviation , effective immediately, that implements section 1006 of the National Defense Authorization Act for Fiscal Year 2019. The class deviation prescribes that all contracting officers shall use the clause prescribed in the attachment to the class deviation when contracting with accounting firms providing financial statement auditing or audit remediation services to the Department of Defense in support of the audits required under 31 U.S.C. § 3521. The Office . . . Read More
PilieroMazza is at the NCMA SubCon Training Workshops today
Cy Alba and Tim Valley are presenting “Federal Subcontracts: Managing Data Rights and Protecting IP” at 1:00 and again at 3:00 this afternoon. Intellectual property (IP) rights under federal procurements are often misunderstood. This session will unpack important IP issues, including what the regulations require, the impacts on prime contractors, and what subcontractors must know to ensure their hard work is protected.
Megan Connor Testified Before the House Small Business Committee
Fourth Circuit Makes It Harder for Whistleblowers in FCA Cases
In a relatively recent decision, the U. S. Court of Appeals for the Fourth Circuit raised the bar a notch for whistleblowers in False Claim Act (“FCA”) cases whose allegations lack specificity as to direct evidence of presentment for payment to the government for fraudulent services. Indeed, in her dissenting opinion in U.S. ex rel. David Grant v. United Airlines, Inc., No. 17-2151 (4th Cir. 2018), Judge Keenan opined that this ruling, affirming the dismissal of the claim at the pre-discovery . . . Read More
The Weekly Update for March 22, 2019
HEARING ON THE SMALL BUSINESS RUNWAY EXTENSION ACT The House Small Business Subcommittee on Contracting and Infrastructure is holding a hearing on Tuesday, March 26, 2019, at 10:00 a.m., concerning the implementation of the Small Business Runway Extension Act (H.R. 6330) (the “Act”). The Act was signed into law in December 2018 and was designed to help small businesses successfully bridge the gap between competing in the small business space and the open marketplace against larger companies by changing the . . . Read More
Misclassifying Employees Can Have Major Consequences
Today’s economy is saturated with new ways to earn money without being subject to a set schedule or traditional employer demands. With so many individuals working part-time jobs with more autonomy than ever, companies are struggling to determine whether to classify those workers as independent contractors or employees. The distinction between those two categories is extremely important and can affect all aspects of your business, including benefits, overtime pay, and workers’ compensation. While determining employee classification is a fact-intensive process, . . . Read More
OFCCP Investigations on the Rise: How Should You Prepare?
The number of Office of Federal Contract Compliance Programs (OFCCP) investigations is on the rise, and OFCCP has stated a continued focus on enforcement. OFCCP enforces the contractual promise of equal employment opportunity and affirmative action required of those that do business with the federal government. Between fiscal years 2015–2017, the OFCCP received an average of 648 complaints annually. However, in fiscal year 2018, this number more than doubled, jumping to 1,418 complaints received. And, in the first quarter of . . . Read More
Introducing PilieroMazza’s Cybersecurity and Data Privacy Practice
Cybersecurity and data privacy have been increasing focal points for Congress, federal agencies, and contractors in recent years. We have been tracking these developments closely and expect these trends will only intensify in the coming years. Cybersecurity awareness and preparedness are critical for federal contractors, not just as a matter of compliance, but also to gain (or avoid losing) a competitive advantage. The U.S. Department of Defense (DoD) is moving forward with cybersecurity as the fourth pillar of its acquisition decision-making, . . . Read More
The Weekly Update for March 15, 2019
GOVERNMENT CONTRACTING The Congressional Research Service issued a report providing an overview of small business contracting. The report describes the various federal programs, requirements, procurement officers, and procurement offices involved in promoting federal contracting and subcontracting with small businesses, small disadvantaged businesses (SDBs), firms participating in the SBA’s “8(a) Program,” Historically Underutilized Business Zone (HUBZone) small businesses, women-owned small businesses (WOSBs), and service-disabled veteran-owned small businesses (SDVOSBs). The report also examines several federal requirements and authorities in promoting contracting and subcontracting . . . Read More
Does SBA’s New Recertification Rule Apply to My Contract? Recent OHA Decision Provides Some Clarity
The U.S. Small Business Administration’s (“SBA”) regulations require a concern to recertify its socio-economic (e.g., SDVO SBC, HUBZone, WOSB/EDWOSB) and/or small business size status (1) within 30 days of an approved contract novation; (2) within 30 days of a transaction becoming final in the case of a merger, sale, or acquisition, where contract novation is not required; and (3) no more than 120 days prior to the end of the fifth year of a contract exceeding five years in duration . . . Read More