DOD Class Deviation Imposes New Requirements for Nonavailability Waiver Determinations Under the Buy American Statute
The Department of Defense (DOD) recently published a class deviation that builds on directives to promote an accountable and transparent procurement policy while maximizing Government use of goods, products, and materials produced in, and services offered in, the U.S. Specifically, the class deviation outlines steps that contracting officers (CO) should take as they make individual nonavailability waiver determinations under the Buy American statute. Such waivers can exempt an acquisition from meeting Buy American requirements. This blog identifies key aspects of the class . . . Read More
DOJ’s Civil Cyber-Fraud Initiative to Use False Claims Act in Pursuing Government Contractor Cybersecurity Shortfalls
The Department of Justice (DOJ) recently announced a new “Cyber-Fraud Initiative” aimed at “developing actionable recommendations to enhance and expand [DOJ’s] efforts against cyber threats.” The initiative will be part of DOJ’s Commercial Litigation Branch, Fraud Section, and will use the False Claims Act (FCA) as a tool to combat “cybersecurity related fraud” among federal contractors and grant recipients. In light of DOJ’s efforts, government contractors and entities receiving federal funding should implement measures to reduce the risk of being sued . . . Read More
Kevin Barnett Contributes to Latest Edition of Thomson Reuters’ Attorney-Client Privilege in the United States
PilieroMazza ’s Kevin Barnett is a contributing author to the latest annual edition of Attorney-Client Privilege in the United States. Since the primary author Professor Paul Rice’s untimely death in 2012, Kevin and five other colleagues diligently collaborate to update annual editions of this invaluable work. As a result, Attorney-Client Privilege in the United States remains the most current and complete treatment of attorney-client privilege available and is routinely cited by U.S. Circuit Courts of Appeals, state Supreme Courts, and other federal . . . Read More
2021 GAO Bid Protest Annual Report: What the Report Reveals About Bid Protests at the GAO
The recently released 2021 Bid Protest Annual Report (Report) from the Government Accountability Office (GAO) covers cases filed with the agency, including protests, cost claims, and requests for reconsideration. In this blog, PilieroMazza analyzes what the Report reveals about bid protests at the GAO, including how the information could affect a contractor’s decision to file a protest and its likelihood of success. Analysis of the Report The Report shows the number of cases filed is down by 12% when comparing 2021 to 2020 (1,897 cases in . . . Read More
Kevin Barnett’s Article Featured in Westlaw Today: 2022 NDAA Makes Significant Changes to Federal Procurement Policy
Westlaw Today recently published an article by Kevin Barnett titled “2022 NDAA Makes Significant Changes to Federal Procurement Policy.” The article examines three themes in this year’s NDAA that contractors should know to take advantage of contract opportunities and maintain compliance requirements. They include: Continued support for domestic preferences and supply chain security. Focus on small business. Procurement of innovative technologies and commercial contracting. To access the full article, please visit this link .
Establishing Irreparable Harm in Bid Protests: Does the Value of the Lost Opportunity Really Matter?
In a recent bid protest, A.T. Kearney Pub. Sector & Def. Servs., LLC v. United States, [1] the U.S. Court of Federal Claims (COFC) created a wrinkle in its precedent when it denied the protester’s motion for a preliminary injunction. While obtaining permanent injunctive relief is arguably the most important goal of any bid protest brought at the COFC, obtaining preliminary injunctive relief, a stay of award or performance while the protest is resolved, can sometimes be equally significant for business . . . Read More
PilieroMazza Elevates 3 Attorneys to Partnership Ranks in 2022
Congratulations to Government Contract Attorneys Jackie Unger and Sam Finnerty and Corporate Attorney Dave Shafer WASHINGTON, DC – JANUARY 5, 2022: PilieroMazza , a business law firm, is proud to announce that Jackie Unger and Sam Finnerty of the Firm’s Government Contracts Group and Dave Shafer of the Business & Transactions Group were promoted to partner as of January 1, 2022. Commenting on the new partners, Managing Partner Tony Franco remarked: “Jackie, Sam, and Dave are key contributors to the Firm’s success, offer the highest quality of service to our clients, and demonstrate sound . . . Read More
2022 NDAA Makes Significant Changes to Federal Procurement Policy
On December 27, 2021, President Biden signed the FY22 National Defense Authorization Act (NDAA) into law, authorizing more than $700 billion in defense spending. The NDAA also contains several provisions that shape federal procurement policies and forecast areas that Congress believes warrant attention in the future. PilieroMazza examines three themes in this year’s NDAA that contractors should know to take advantage of contract opportunities and maintain compliance requirements. 1. Continued Support for Domestic Preferences and Supply Chain Security Congress sent a clear signal that it supports . . . Read More
DOD Releases CMMC 2.0 Framework Documentation
Earlier this month, the Department of Defense (DOD) released the new Cybersecurity Maturity Model Certification (CMMC) 2.0 framework, along with the self-assessment guides for the new Levels 1 and 2, scoping guidance for all Levels, and other helpful tools for contractors seeking to perform self-assessments. Each of these documents is available on DOD’s CMMC website under the Documentation tab. Here are key highlights from DOD’s CMMC 2.0 Documentation for small and mid-sized defense contractors. These documents signal some major departures . . . Read More
Don’t Delay: How the Harmonia Decision Impacts Contractors’ Ability to Win Protests
A highly anticipated decision recently issued by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) represents the latest development in the Blue & Gold [1] line of precedent regarding the timeliness of bid protest filings before the U.S. Court of Federal Claims (COFC). In Harmonia Holdings Group, LLC v. United States (Harmonia), issued on December 7, 2021, the Federal Circuit held that a timely filed, pre-award, agency-level protest preserves an offeror’s ability to later file the same protest . . . Read More