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Page 5 of 28
March 4, 2020 - Jon Williams was recently published in Federal News Network with an article on a flawed insourcing strategy by the VA for critical medical devices. In February 2019, Jon wrote in Federal News Network about the VA's plans to insource the warehousing and distribution of continuous positive airway pressure (CPAP) devices and related supplies that are used to treat a rapidly-growing number of veterans with respiratory disabilities. While VA's goal to improve veteran healthcare in sleep therapy is laudable, Jon wrote about why the VA is going about it the wrong way. Jon's latest article discusses several recent government audit reports that reached a similar conclusion as Jon did in his February 2019 article: to solve the challenges facing VA in sleep therapy acquisitions, VA needs to focus on investing in people and technology, not warehousing and logistics. Please click here for Jon's latest article in Federal News Network or click the download button below for a plain text version. For Jon's February 2019 article, please click here.
March 3, 2020 - On February 27, 2020, the FAR Council published a final rule (Rule) that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. See 78 Fed. Reg. 61114 (Oct. 2, 2013). Although these "new" rules have been reflected in SBA regulations for some time, their addition to the FAR is significant because, as any experienced government contractor knows, procurement officials do not always follow SBA's rules, particularly if such rules are not incorporated in the FAR, and, in turn, are not incorporated in a subject contract. All small business concerns should be aware of this rule change and consult with counsel regarding their rerepresentation and recertification duties.
March 2, 2020 - On January 2, 2020, the Bureau of Indian Affairs (BIA) issued a proposed rule to create a new 25 Code of Federal Regulations (CFR) part 82 that would establish procedures for a non-federally recognized Alaska Native entity to be acknowledged as an Indian tribe by the federal government. This regulation is the first to establish a process for Alaska Native entities to be federally recognized as a tribe since the Alaska Amendment of the Indian Reorganization Act (IRA) was enacted in 1936. This proposed rule opens the door for the creation of more Alaska Native Corporations (ANCs) and tribal businesses, potentially adding opportunities for tribal businesses to increase assets through new business collaborations and acquisitions.
March 2, 2020 - As the potential spread of coronavirus disease 2019 (COVID-19) in the United States becomes a very real possibility, employers should prepare to address the condition and concerns in the workplace. The Center for Disease Control and Prevention and the Occupational Safety and Health Administration recently issued guidance on steps to mitigate the spread of COVID-19. In light of this guidance, employers should consider implementing certain policies and procedures to continue to ensure a safe and healthy workplace.
February 28, 2020
February 18, 2020 - In its role as advocate to small businesses operating in the government contracting arena, PilieroMazza submitted comments to RIN 3245-AG94.
February 5, 2020
February 4, 2020 - PilieroMazza previously blogged at length regarding the draft releases of the Cybersecurity Maturity Model Certification (CMMC) guidelines in anticipation of its final release. The Department of Defense (DOD) released the final version of the CMMC guidelines on January 31, 2020. For government contractors, the release signals the start of their preparation, in earnest, for CMMC certification to improve their chances of doing business with the DOD. IT system audits are set to begin in mid 2020, and DOD plans to require certification in Requests for Proposals by late 2020.
January 31, 2020
January 30, 2020 - M&A transactions involving government contractors carry several regulatory and industry-specific considerations that can materially impact all aspects of the deal—from high-level structuring considerations to risk allocation for compliance issues to additional administrative checklist items. If neglected or overlooked, they can result in major headaches. This article outlines certain key issues that practitioners should consider in transactions involving government contractors. For the full article, please see the attached at pages 25-26.