Welcome to the PilieroMazza blog, featuring trending legal insight in the areas of government contracting, general business and corporate issues, labor and employment, and civil litigation matters.

The Land Mines of Unpopulated Joint Ventures

December 15, 2017
By Megan C. Connor
SBA has all but eliminated populated joint ventures (i.e., a joint venture with employees of its own performing direct labor). As a result, companies that want to form a joint venture for set-aside opportunities and not be affiliated with each other need to form an unpopulated joint venture. While SBA’s preference for unpopulated joint ventures is meant to benefit small business venturers and provide them with more hands-on experience, it creates wrinkles for the venturers.

Your Annual Performance of Work Report Is Due Soon

December 12, 2017
By Peter B. Ford
If your joint venture (“JV”) was awarded an 8(a), SDVOSB, HUBZone, or WOSB set-aside contract in the months following SBA’s July 2016 final rulemaking, you should be getting ready to submit your annual performance of work report (“Annual Report”). The final rule, which became effective at the end of August 2016, amended SBA’s regulations to clarify the conditions for creating and operating JVs.

Happy Cybersecurity New Year

December 7, 2017
By Kimi N. Murakami and Jon Williams
DFARS 252.204-7012 requires DoD contractors with nonfederal information systems that contain controlled unclassified information (“CUI”) to implement the security requirements in National Institutes of Standards and Technology (“NIST”) Special Publication (“SP”) 800-171 by 12/31/17. So, understanding if you need to rush to implement the security requirements in NIST SP 800-171 begins with figuring out whether you perform DoD contracts that contain DFARS 252.204-7012 and if you have a nonfederal information system containing CUI (which the government is supposed to identify).

Why Failing To Intervene In A Bid Protest Could Have Dire Consequences

December 6, 2017
By Samuel S. Finnerty
Imagine that your company has just been awarded a contract after spending significant time and resources identifying a federal business opportunity and developing a winning proposal. Now imagine that just as you are preparing to perform that contract a bid protest is filed by an interested party (e.g., a disappointed competitor). Depending on the facts of the case, you may be inclined to sit back and let the protest play out.

What Does a Potential Replacement of the Category Management Circular Mean for Contractors?

December 4, 2017
By Michelle E. Litteken
Approximately one year ago, we submitted comments to the Office of Management and Budget (“OMB”) Proposed OMB Circular No. A-XXX, Implementing Category Management for Common Goods and Services. As explained in a blog post discussing the Proposed Circular, if implemented, the Proposed Circular would dramatically change the way the Government purchases common goods and services.
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