BLOG UPDATE: Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision
PilieroMazza previously explained that a termination for default is considered a contracting officer’s final decision, which may then be appealed. While this is still the case, a recent decision from the Armed Services Board of Contract Appeals (ASBCA) highlights the importance for prime contractors—especially those who anticipate that their contract may be (or already has been) terminated for default—to preserve all relevant defenses to termination in advance of an appeal to the Board of Contract Appeals or Court of Federal Claims. . . . Read More
ANNOUNCEMENT: PilieroMazza Advises Ampcus In Its Acquisition of iTech Solutions
WASHINGTON, DC – February 4, 2020: PilieroMazza ’s Mergers & Acquisition Team represented Ampcus Inc. (Ampcus), a global Business and Technology consulting firm specializing in Digital Transformation (AI, ML, RPA, ICR/OCR), Cybersecurity & Risk Management, Infrastructure Modernization, Testing, IV&V and Human Capital services firm, in its acquisition of 100% of the capital stock of iTech Solutions Inc. (iTech), a national IT staffing and services company. The acquisition allows Ampcus to expand its market reach and strengthen its position as one of the nation’s top Consulting and Staff Augmentation companies. iTech . . . Read More
CMMC Is Coming: Are You Ready?
PilieroMazza previously blogged at length regarding the draft releases of the Cybersecurity Maturity Model Certification (CMMC) guidelines in anticipation of its final release. The Department of Defense (DOD) released the final version of the CMMC guidelines on January 31, 2020. For government contractors, the release signals the start of their preparation, in earnest, for CMMC certification to improve their chances of doing business with the DOD. IT system audits are set to begin in mid 2020, and DOD plans to require certification . . . Read More
BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: Pre-Transaction Part 1 of a 3-Part Series
M&A transactions involving government contractors carry several regulatory and industry-specific considerations that can materially impact all aspects of the deal—from high-level structuring considerations to risk allocation for compliance issues to additional administrative checklist items. If neglected or overlooked, they can result in major headaches. This three-part series outlines certain key issues to consider before, during, and after transactions involving government contractors. Pre-Transaction: Novation The Anti-Assignment Act (41 U.S.C. § 6305) generally prohibits companies from selling government contracts. However, the Federal . . . Read More
BLOG: The HIPAApotomas in the Room: Signs You May Be a Covered Entity Under This Hefty Healthcare Law
The Health Insurance Portability and Accountability Act (HIPAA) establishes certain minimum requirements for the protection of patient health information. So, for example, restrictions on how your doctor keeps electronically stored medical records, and the specific circumstances under which they can disclose that information to a third party, are governed by HIPAA. Unknown to many businesses, however, are HIPAA requirements that often extend beyond a doctor’s office, and can hold a number of other entities accountable (including imposing stiff monetary penalties) . . . Read More
GUEST BLOG: 5 Mistakes Companies Make on Proposals
Guest Blogger: Reena Bhatia, ProposalHelper Contributors: Robert Tucker, ProposalHelper and Meryl Angelicola, ProposalHelper Less than a decade ago, the ratio of contracts to proposals was 1:4. The ratio is now around 1:27. With stakes this high and increasingly limited access to government stakeholders for any real capture, here is a list of five common mistakes government contractors should avoid on proposals. Proposal Library Pastes We understand the adage “don’t reinvent the wheel.” But every proposal is built on a specific bid . . . Read More
Column: The Implications of SBA’s Proposed Rule Changes for Tribally Owned 8(a) Businesses- Peter Ford and Emily Rouleau, Set-Aside Alert
BLOG: Employers: Is Your FMLA Policy DOL Compliant?
The Family Medical Leave Act (FMLA) requires employers with the requisite number of employees to provide up to 12 weeks of leave to employees experiencing a qualifying event. Regulations implementing the FMLA require that employers display a poster in a prominent location that summarizes major FMLA provisions and explains how to file a complaint. The regulations also require an employer with eligible employees to provide a general notice to employees in a handbook or other policy document. The general notice . . . Read More
Unique Considerations for Transactions Involving Government Contractors
M&A transactions involving government contractors carry several regulatory and industry-specific considerations that can materially impact all aspects of the deal—from high-level structuring considerations to risk allocation for compliance issues to additional administrative checklist items. If neglected or overlooked, they can result in major headaches. This article outlines certain key issues that practitioners should consider in transactions involving government contractors. For the full article, please see the attached at pages 25-26.
PilieroMazza Drafts Comments to RIN 3245-AG94, Proposed Rule on the Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments
Comments to the Small Business Administration’s (SBA) proposed rule are due on February 7th. In its role as advocate to small businesses operating in the government contracting arena, PilieroMazza prepared draft comments to the proposed rule. SBA and PilieroMazza encourage you to submit comments letting SBA know which provisions you support and which may present compliance challenges for you and your company. Please contact Peter Ford at pford@pilieromazza.com to share your thoughts on our comments before the February 7th submission deadline.