BLOG: Government Agencies Release 2020 Regulatory Agendas
As 2019 comes to a close, the government is setting its short- and long-term goals for 2020. On December 26, 2019, a number of federal agencies released their regulatory agendas for the upcoming year, including the Department of Defense (DoD), the Small Business Administration (SBA), and the Federal Acquisition Regulation (FAR) Council (which consists of DoD, the National Aeronautics and Space Administration (NASA), and the General Services Administration (GSA)). Many regulatory agenda items could impact government contractors and small businesses, . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – December 23, 2019
If you have questions concerning the content below, please visit this link . SEASON’S GREETINGS FROM PILIEROMAZZA! CLIENT ALERT: The 2020 NDAA’s Impact on Government Contractors, December 19, 2019, Megan Connor On December 17, 2019, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2020, sending it to the White House for the President’s signature. As with prior NDAAs, the 2020 NDAA includes a number of provisions that affect procurement policy, management, and related matters. We summarize some of the more notable . . . Read More
The 2020 NDAA’s Impact on Government Contractors
On December 17, 2019, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2020, sending it to the White House for the President’s signature. As with prior NDAAs, the 2020 NDAA includes a number of provisions that affect procurement policy, management, and related matters. Below, we summarize some of the more notable provisions that will impact government contractors. Section 823 – Modification of Justification and Approval Requirement for Certain Department of Defense Contracts Section 823 of . . . Read More
ANNOUNCEMENT: PilieroMazza Welcomes Melissa Rodriguez to Business & Transactions Group
PilieroMazza is pleased to announce that Melissa Rodriguez has joined the Firm as an Associate in its Business & Transactions Group . Ms. Rodriguez focuses her practice on international transactions involving corporate entities located in the United States, Latin America, and the Caribbean. “Melissa’s legal knowledge, combined with her deep understanding of what’s important to business owners and their management teams, makes her a great addition to our corporate/M&A team,” said the Group’s Practice Chair Kathryn Hickey. Highly skilled at representing corporate borrowers in secured lending transactions, including . . . Read More
BLOG: Cybersecurity Maturity Model Certification (CMMC): The Final Countdown
PilieroMazza recently wrote about the Department of Defense’s (DoD) release of revision (rev.) 0.6 of its Cybersecurity Maturity Model Certification (CMMC), which only addressed certification Levels 1–3. DoD has now released rev. 0.7. All DoD contractors will be required to obtain CMMC certification in the coming months to show their IT systems’ capabilities with respect to protecting DoD sensitive information. Rev. 0.7 gives updates at all Levels. Additionally, rev. 0.7 contains new discussion and clarifications for Levels 1–3 and for the application . . . Read More
BLOG: Liquidated Damages Clauses: Important Considerations for Business Owners
When drafting or negotiating any contract, businesses should give careful consideration to avenues of recovery in the event of a breach by the other party. At times, this determination is straight-forward, such as where a party fails to pay amounts owed. But the analysis can become complicated in situations where damages aren’t readily quantifiable, such as where a trade secret is misappropriated or a former employee solicits a company client. To simplify such issues, businesses include liquidated damages provisions in . . . Read More
Season’s Greetings from PilieroMazza!
SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know – Samuel Finnerty, Set-Aside Alert
BLOG: Performance Anxiety: Five Questions from Government Contractors on Past Performance
A government contractor’s past performance can spell the difference between proposal rejection and contract award, and agencies are given broad discretion in how they evaluate past performance. It is critical that companies working with the federal government understand not only what steps they should take to utilize and cultivate positive past performance, but also the steps they should take to defend it. We recently gave a webinar on these topics and received several follow-up questions. Below we address the top . . . Read More
BLOG: SBA to Increase Enforcement in 2020 on Set-Asides and Subcontracting
One of the most overlooked compliance requirements for set-aside contracts are the limitations on subcontracting. Don’t take my word for it—GAO has noted in several reports that contracting officers generally do not monitor or enforce the requirement that the small business prime contractor must self-perform a certain percentage of the contract. The limitations on subcontracting requirements are critical to the efficacy of the small business programs. Indeed, the goals of the programs are not served if small businesses do not . . . Read More