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
Weekly Update for Government Contractors and Commercial Businesses – December 11, 2019
If you have questions concerning the content below, please visit this link . CLIENT ALERT: SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know, December 3, 2019, Sam Finnerty On November 29, 2019, the U.S. Small Business Administration (SBA) issued a final rule that will implement several provisions of the National Defense Authorization Acts (NDAA) of 2016 and 2017 and the Recovery Improvements for Small Entities After Disaster Act of 2015, as well as other clarifying amendments. As . . . Read More
Effective January 6, 2020: SBA Adopts Five-Year Receipts Calculation
Effective January 6, 2020, SBA will change the period of measurement for receipts-based size calculations from three years to five years. This change is the result of the Small Business Runway Extension Act of 2018 and SBA’s final rulemaking on December 5, 2019. This is a long-awaited change and will have far-reaching impacts for government contractors. Importantly, SBA is adopting a two-year transition period, until January 6, 2022, during which firms may choose to use either the current three-year calculation or the new . . . Read More
BLOG: OFCCP Releases Technical Assistance Guide for Construction Contractors
In keeping with its commitment to offer more technical guidance for government contractors across all industries, the Office of Federal Contract Compliance Programs (OFCCP) recently published its Technical Assistance Guide (the Guide) for construction contractors. The OFCCP released the Guide as a self-assessment tool to help contractors review the equal employment opportunity practices they have in place. Using this tool, and fixing issues it might reveal, may help construction contractors avoid potential investigation and interruption to their business operations. For . . . Read More
SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know
On November 29, 2019, the U.S. Small Business Administration (“SBA”) issued a final rule (“Rule”) that will implement several provisions of the National Defense Authorization Acts (“NDAA”) of 2016 and 2017 and the Recovery Improvements for Small Entities After Disaster Act of 2015 (“RISE Act”), as well as other clarifying amendments. As we outlined nearly a year ago when the Rule was first proposed, these changes address key small business issues for government contractors, including: subcontracting plans, the non-manufacturer rule (“NMR”), Information Technology Value . . . Read More