BLOG: Cybersecurity, Implied Certifications, and the False Claims Act

As I am sure many of you know and have read about already, the first False Claims Act (“FCA”) case, US Ex rel. Markus v. AeroJet Rocketdyne Holdings, Inc., et al., No. 2:15-cv-2245, has been filed in the Eastern District of California by a disgruntled former Director of Cyber Security Compliance and Controls, and it survived a motion to dismiss in May of this year. When the existence of the AeroJet case is layered over the U.S. Supreme Court’s findings in Universal Health Servs., . . . Read More

BLOG: Trends in Mergers and Acquisitions

Trends in Mergers and Acquisitions“What’s market?” is an important question for the buyer and seller to ask in a merger and acquisition (M&A). Along with counsel from a skilled M&A attorney, having a basic understanding of what terms are typical in the current M&A market will help businesses that are in the market to buy or sell a business (1) better analyze the reasonableness of specific terms offered by the other side and, if an offered term is not typical, . . . Read More

BLOG: How Government Contractors Can Take Advantage of CPARS Trends to Win (and Maintain) Federal Contracts

On July 18, 2019, the Professional Services Council hosted an important event covering Contractor Performance Assessment Reporting System (“CPARS”) trends, their impact on contractor past performance ratings, and the consequence they have on winning federal contracts. As one of the speakers at this event, PilieroMazza’s Samuel Finnerty offered recommendations on what government contractors can do now to proactively engage and manage their CPARS ratings and  position themselves for future growth.    One of the most interesting trends discussed was the sharp decline . . . Read More

EEOC Announces New EEO-1 Pay Data Reporting Deadline

September 30, 2019 marks the newly announced deadline for employers who submit annual EEO-1 reports to report employee 2018 pay data to the Equal Employment Opportunity Commission (EEOC). The EEOC revealed the new deadline in a federal court submission last week. UPDATE: Since the original blog on this topic was published, the court issued an order confirming the September 30, 2019 deadline, and requiring the EEOC to collect a second year of data in addition to the 2018 pay information. The EEOC . . . Read More

BLOG: Department of Defense Sets Course on Cybersecurity Evaluation and Enforcement

On a limited budget, government contractors need to be compliant with a litany of statutes, regulations, and industry standards in order to remain competitive in the marketplace. This has become particularly true in the cybersecurity context.  With no overarching federal law for cybersecurity standards or privacy protection (though the U.S. Senate is in the process of discussing a bipartisan privacy bill as they have done, unsuccessfully, in prior legislative sessions), rulemaking authorities have taken it upon themselves to create industry . . . Read More

Everything You Need to Know about SBA’s Manufacturer and Non-Manufacturer Rules

Presented by Jon Williams and Timothy Valley.   Click here to view the recorded session.   To Manufacture or Non-Manufacture? That is the question answered by this webinar, which focuses on how to qualify as a small business manufacturer or nonmanufacturer for set-aside contracts. The Small Business Administration (“SBA”) has specific rules detailing what it takes to qualify as a small business manufacturer or as a so-called “nonmanufacturer.” Jon Williams and Tim Valley, members of PilieroMazza ’s Government Contracts Group , discuss: SBA’s manufacturer and non-manufacturer rules, waivers . . . Read More

SBA to Increase Size Standards with Inflationary Adjustment

Tomorrow, SBA will issue an interim final rule increasing the receipts-based size standards for inflation. An unpublished version of the rule is available here .  The change should be effective August 17, 2019, 30 days after the scheduled publication of the rulemaking.  Comments to the rule are due September 16, 2019.  For government contractors whose status changes in the System for Award Management (“SAM”) from “other than small” to “small,” as a result of the inflation adjustment, SBA advises that the . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – July 16, 2019

If you have questions concerning the content below, please visit this link . SMALL BUSINESS PROGRAMS & ADVISORY SERVICES PilieroMazza Submits Comments in Response to RIN 3245-AG75, Proposed Rule on Women-Owned Small Business and Economically Disadvantage Women-Owned Small Business Certification Authors, Pamela Mazza , Megan Connor, Katie Flood, Meghan Leemon , Patrick Burns, Francis Massaro, July 15, 2019 [ Read More ] Please also see PilieroMazza’s May 15, 2019 blog “ SBA Proposes to Implement Certification Requirement for WOSB/EDWOSBs and Revise Economic Disadvantage Criteria for 8(a) Eligibility .” Defense Information Systems Agency – According to Law360, DISA, under a $.7.5 billion IT contract, . . . Read More

ANNOUNCEMENT: PilieroMazza Welcomes Lauren Brier to Government Contracts Group

WASHINGTON, DC, July 15, 2019: PilieroMazza is pleased to announce that Lauren Brier has joined the Firm as an Associate in its Government Contracts Group . Ms. Brier represents commercial businesses in a variety of government contracting and litigation matters.  “Lauren’s understanding of how businesses operate, combined with her ability to help clients successfully navigate the complex laws governing federal contractors, makes her a vital asset to PilieroMazza and the clients we serve,” said Jon Williams , co-chair of the Firm’s Government Contracts Group.   A highly skilled practitioner, . . . Read More