PilieroMazza PLLC. RSS Feedhttps://www.pilieromazza.com/?t=39&format=xml&directive=0&stylesheet=rss&records=10en-us20 Oct 2018firmwisehttp://blogs.law.harvard.edu/tech/rssWebinar: Understanding OCI Mitigation Planshttps://www.pilieromazza.com/?t=40&an=80427&format=xml07 Nov 2018EventsThe risk of an organizational conflict of interest (OCI) - either perceived or actual - strikes fear in the heart of many government contractors. An OCI may result in disqualification from a procurement, a bid protest overturning a contract award, or termination of a contract. However, in many cases, an OCI can be mitigated if a contractor proactively implements an OCI mitigation plan. The mitigation and avoidance measures provided for in the plan must be tailored to address the requirements in the relevant contract(s) and the type(s) of OCIs presented. Although this may seem like a daunting task, OCI mitigation is achievable, and successful mitigation of OCIs may enable a contractor to continue to serve its agency customers&mdash;and potentially expand its portfolio. <br /> <br /> Let us help you understand how to overcome OCIs by learning what is required to develop a mitigation plan. Join Tony Franco and Michelle Litteken of our Government Contracts group for this webinar to learn about the types of OCIs and what is required to mitigate them. Topics and questions to be addressed include:<br /> <ul> <li>The three types of OCIs</li> <li>Identifying an OCI</li> <li>Strategies to mitigate the various types of OCIs</li> <li>Key elements in an OCI mitigation plan</li> <li>Special concerns for subcontractors and affiliates</li> </ul> <strong><br /> Details<br /> Date:</strong>&nbsp; &nbsp; Wednesday, November 7, 2018<br /> <strong>Time:</strong>&nbsp; &nbsp; 2:00 -3:00 PM ET<br /> <strong>Cost:</strong>&nbsp; &nbsp; Free<br /> <br /> <a target="_blank" href="https://attendee.gotowebinar.com/register/408899971823948034"><img width="146" height="41" align="absmiddle" alt="" border="0" vspace="0" hspace="0" src="https://www.pilieromazza.com/7A2372/assets/images/RegisterHere.jpg" /><br /> </a> <div><font color="#0000ee"><u><br /> </u></font> <div>&nbsp;</div> <span style="font-size: small;"> <div><span style="color: rgb(9, 54, 122);"><em>All of our webinars are recorded and are sent to all registrants after the session. </em></span></div> <span style="color: rgb(9, 54, 122);"><em>All of our past webinars can be found on our YouTube channel at</em></span><em>&nbsp;</em></span><em><a href="http://www.youtube.com/pilieromazza" target="_blank"><span style="font-size: small;">www.youtube.com/pilieromazza</span></a></em><span style="font-size: small;"><em>.</em></span><font color="#0000ee"><u><br type="_moz" /> </u></font></div>https://www.pilieromazza.com/?t=39&format=xml&directive=0&stylesheet=rss&records=10PilieroMazza and M&T Bank Present a New and Growing Company Seminar Serieshttps://www.pilieromazza.com/?t=40&an=80855&format=xml06 Nov 2018Events<h3 style="text-align: center;"><span style="color: rgb(0, 0, 0);">PilieroMazza and M&amp;T Bank Present a New and Growing Company Seminar Series!<br /> </span>&nbsp;</h3> <h3 style="text-align: center;"><span style="color: rgb(0, 102, 204);">Part One: So You Are New, But You Weren't Born Yesterday</span></h3> In the first session of the series, join PilieroMazza and M&amp;T Bank as they walk through the key issues a new or growing company needs to understand. They will discuss a wide range of topics including: (1) the best corporate forms for your company, (2) how to change corporate forms effectively, if needed, (3) the general rules and best practices for small businesses in the commercial and public sectors, (4) building relationships with trusted advisors, (5) managing business assets, (6) the importance of a business plan, (7) how to prepare financial projections and understanding future working capital needs, as well as (8) treasury management services and fraud prevention.<br /> <br /> <strong>Details</strong><br /> <br /> <strong>Date:</strong> Tuesday, November 6, 2018<br /> <strong>Time:</strong> 1:00-3:00 PM EST<br /> <strong>Location:</strong> 1350 I Street NW, Suite 500, Washington, DC 20005<br /> <strong>Cost:</strong> Free<br /> <br /> <h3 style="text-align: center;"><span style="color: rgb(0, 102, 204);">Part Two: Red Pill or Blue Pill - How to Finance Your New or Growing Company</span></h3> In this second session of the two part series for new and emerging businesses, join advisors from PilieroMazza and M&amp;T Bank as they discuss the ins and outs of 7(a) loans, non-traditional financing opportunities, and what it takes to get traditional financing in today&rsquo;s market, including the best ways to present a loan package for financing and what banks are looking for. They will also explore what preparations should be made when seeking financing, what terms to expect, and what protections private investors may seek.<br /> <br /> <strong>Details</strong><br /> <br /> <strong>Date:</strong> Tuesday, December 4, 2018<br /> <strong>Time:</strong> 1:00-3:00 PM EST<br /> <strong>Location:</strong> 1350 I Street NW, Suite 500, Washington, DC 20005<br /> <strong>Cost:</strong> Free<br /> <br /> <a href="https://www.eventbrite.com/e/new-and-growing-company-series-tickets-51218961292" target="_blank"><img src="https://www.pilieromazza.com/7A2372/assets/images/RegisterHere.jpg" hspace="0" vspace="0" align="absmiddle" alt="" border="0" width="146" height="41" /></a><br /> <br /> <br /> <br /> <br type="_moz" />https://www.pilieromazza.com/?t=39&format=xml&directive=0&stylesheet=rss&records=10VIP Webinar - SBA's New Rules for SDVOSBs: What You Need to Knowhttps://www.pilieromazza.com/?t=40&an=81205&format=xml25 Oct 2018Events<h3 style="text-align: center;"><img src="https://www.pilieromazza.com/7A2372/assets/images/Event Photos/VIP Header.JPG" hspace="0" vspace="0" align="absmiddle" alt="" border="0" width="550" height="155" /></h3> <h2 style="text-align: center;"><span style="color: rgb(153, 0, 51);">SBA&rsquo;s New Rules for SDVOSBs: What You Need to Know</span></h2> Join Jon Williams from PilieroMazza when he presents the new rules impacting ownership and control of SDVOSBs for the Veteran Institute for Procurement (VIP) in partnership with the Veterans Business Outreach Center (VBOC).&nbsp;<br /> <br /> Jon will share insight on how these rules will:<br /> <br /> &bull; Be handled by the Small Business Administration (SBA)<br /> &bull; Impact your operating agreement<br /> &bull; Influence the way your business operates<br /> &bull; Interplay between VA and SBA <br /> <br /> Date: Thursday, October 25, 2018<br /> Time:&nbsp;3:00pm to 4:00pm (EST)<br /> <br /> <a href="https://register.gotowebinar.com/register/1464766485092382467" target="_blank"><img src="https://www.pilieromazza.com/7A2372/assets/images/RegisterHere.jpg" hspace="0" vspace="0" align="absmiddle" alt="" border="0" width="146" height="41" /></a><br /> <br /> <br /> <div style="text-align: center;">&nbsp;</div>https://www.pilieromazza.com/?t=39&format=xml&directive=0&stylesheet=rss&records=10Webinar: Labor Law Serieshttps://www.pilieromazza.com/?t=40&an=80477&format=xml24 Oct 2018EventsJoin Nichole Atallah and Sarah Nash, attorneys in our Labor &amp; Employment Law group, for our Labor Law Series. <br /> <h3><span style="color: rgb(9, 54, 122);"><br /> Session One was held on October 17, 2018: Labor Law 101: What Employers Need to Understand About the National Labor Relations Act&nbsp;</span></h3> <div>The webinar slides and a link to entire recorded session can be <a href="https://www.pilieromazza.com/presentations">accessed here</a>. <br /> <br /> Whether your employees are unionized or not, chances are the National Labor Relations Act applies to you. This webinar helps you navigate the Act and keep on the right side of labor laws.&nbsp;<br /> &nbsp;</div> <h3><span style="color: rgb(9, 54, 122);">Session Two: SCA, DBA, and CBAs: Where Labor Law and Government Contracting Collide&nbsp;</span></h3> What you don&rsquo;t know, can really hurt you. From bidding to negotiations to price adjustments, understanding how labor laws influence government contracting can have huge implications for contractor business. Make sure you have the information you need before bidding on a contract with a unionized (or organizing) workforce. <br /> <br /> <strong>Date:</strong> Wednesday, October 24, 2018<br /> <strong>Time:</strong> 2:00 - 2:30 ET<br /> <br /> <h3><span style="color: rgb(9, 54, 122);">Session Three: Bargaining with Your Employees&rsquo; Labor Representative: The Dos and Don&rsquo;ts of Union Negotiations&nbsp;</span></h3> While many are familiar with the standard salary or benefit negotiation, negotiations with a Union are governed by a completely different set of rules. The NLRA places a number of restrictions on what companies can and can&rsquo;t discuss. Know your rights and know your limitations before staring across the table. <br /> <br /> <strong>Date: </strong>Wednesday, October 31, 2018<br /> <strong>Time:</strong> 2:00 - 2:30 ET<br /> <br /> <a target="_blank" href="https://register.gotowebinar.com/register/7613522480593060355"><img width="146" height="41" align="absmiddle" alt="" border="0" vspace="0" hspace="0" src="https://www.pilieromazza.com/7A2372/assets/images/RegisterHere.jpg" /></a> <h5><span style="color: rgb(0, 0, 0);">One registration provides access to all three sessions. Plan to attend one session or all three.</span><span style="color: rgb(0, 51, 204);"><br /> </span></h5> <span style="font-size: small;"><em><span style="color: rgb(0, 51, 153);">All of our webinars are recorded and are sent to all registrants after the session. <br /> All of our past webinars can be found on our YouTube channel at&nbsp;</span></em></span><em><a href="http://www.youtube.com/pilieromazza" target="_blank"><span style="font-size: small;">www.youtube.com/pilieromazza</span></a></em><span style="font-size: small;"><em>.</em><em><span style="color: rgb(0, 51, 153);"><br /> </span></em></span><em><span style="color: rgb(0, 51, 153);"> </span></em> <br /> <br /> <br /> <br />https://www.pilieromazza.com/?t=39&format=xml&directive=0&stylesheet=rss&records=10Webinar: What to Do When the Investigator Comes Knocking: Dealing with Subpoenashttps://www.pilieromazza.com/?t=40&an=80515&format=xml23 Oct 2018Events<div>Given the country&rsquo;s current social and political climate, there has been a significant public focus recently on, among other things, sexual harassment and sexual assault, public corruption, fraud against the Government, and the wage gap:</div> <ul> <li>Sexual harassment claims have skyrocketed in the wake of #metoo;&nbsp;</li> <li>Federal and state departments of labor are enforcing ever-changing compensation rules;&nbsp;</li> <li>Federal courts increasingly recognize an expanded reach of workplace non-discrimination laws; and&nbsp;</li> <li>State attorneys general are opening large-scale, policy-driven investigations in an effort to alter the employer-employee dynamic.&nbsp;</li> </ul> <div>&nbsp;Based on these trends, we foresee substantial increases in the number of individual employee claims and government investigations over the next several years, presenting a growing threat to your business, no matter the industry in which you compete. And, for government contractors, the False Claims Act (&ldquo;FCA&rdquo;) presents additional risks, with the filing of FCA matters having doubled over the last fifteen years.&nbsp;</div> <div>&nbsp;</div> <div>Companies should therefore reasonably expect&nbsp;to become involved in some sort of investigation or private claim and, as a result, to receive a subpoena or other document request, whether from a state attorney general, an agency or inspector general, or a party in private litigation.&nbsp;</div> <div>&nbsp;</div> <div>Join litigators Paul Mengel and Matt Feinberg for this webinar as they discuss what you can do to protect your company before, during, and after you receive a subpoena, with tips for limiting liability and attorneys&rsquo; fees during the process.</div> <div><br /> <strong>Details<br /> Date:&nbsp;&nbsp;&nbsp;&nbsp;</strong>Tuesday, October 23, 2018<br /> <strong>Time:&nbsp;&nbsp;&nbsp;&nbsp;</strong>2:00 -3:00 PM ET<br /> <strong>Cost:&nbsp;&nbsp;&nbsp;&nbsp;</strong>Free<br /> <br /> <a href="https://register.gotowebinar.com/register/8388798025076354306" target="_blank"><img width="146" height="41" align="absmiddle" alt="" border="0" vspace="0" hspace="0" src="https://www.pilieromazza.com/7A2372/assets/images/RegisterHere.jpg" /></a><br /> </div> <span style="font-size: small;"> <div><span style="color: rgb(9, 54, 122);"><em>All of our webinars are recorded and are sent to all registrants after the session.&nbsp;</em></span></div> <span style="color: rgb(9, 54, 122);"><em>All of our past webinars can be found on our YouTube channel at</em></span><em> </em></span><em><a target="_blank" href="http://www.youtube.com/pilieromazza"><span style="font-size: small;">www.youtube.com/pilieromazza</span></a></em><span style="font-size: small;"><em>.</em></span><br />https://www.pilieromazza.com/?t=39&format=xml&directive=0&stylesheet=rss&records=10Submitting a Proposal Soon? Make Sure Your SAM Registration Is Activehttps://www.pilieromazza.com/?t=40&an=81204&format=xml19 Oct 2018Blog<img src="https://www.pilieromazza.com/7A2372/assets/images/Attorneys/2/150x150/Leemon.jpg" hspace="5" vspace="5" align="left" alt="" border="0" width="150" height="150" />While there has been some confusion and a bit of a grey area surrounding when an offeror&rsquo;s profile with the System for Award Management (SAM) must be active, the confusion will be put to rest effective October 26, 2018. Recently, a <a href="https://www.federalregister.gov/documents/2018/09/26/2018-20706/federal-acquisition-regulation-system-for-award-management-registration" target="_blank">final rule</a> was released clarifying that offeror registration in SAM is required <u>prior</u> to submission of an offer.<br /> <br /> Currently, FAR 4.1102(a) requires contractors to be registered in SAM &ldquo;prior to award of a contract or agreement,&rdquo; with some narrow exceptions. While this seems pretty straightforward, there is added confusion when FAR 52.204-7 is included in the solicitation, which ultimately defines being &ldquo;[r]egistered in the System for Award (SAM) Management database&rdquo; as the &ldquo;[g]overnment has marked the record &lsquo;Active.&rsquo;&rdquo; However, effective October 26, FAR 4.1102(a) will state &ldquo;[o]fferors and quoters are required to be registered in SAM <u>at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements</u>.&rdquo; The final rule also clarifies that this must be an &ldquo;active&rdquo; registration. The key is to ensure that you do not let your SAM registration lapse or forget to submit the required <a href="https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/sam-update-updated-july-11-2018" target="_blank">notarized letter</a>.<br /> <br /> As you are likely aware, registration in SAM is required in order to do business with the federal government. While this clarified registration requirement may not pose an issue for most, it could pose a problem for joint ventures or new entities with a tight turnaround to submit a proposal. One commentator suggested an exception for newly formed joint ventures, proposing that all that should be required is proof of submission for SAM registration (as opposed to an active SAM registration) or that each partner has an active SAM registration at the time of proposal submission. The government disagreed, noting that this is not practicable and that &ldquo;joint venture agreements should be in place more than 48&ndash;72 hours in advance of proposal submission, which allows adequate time for completion of registration in SAM.&rdquo; It was also noted that it is not feasible to rely on the SAM registration of the separate members because the government collects representatives and certifications regarding the joint venture itself, not the individual members.<br /> <br /> Given the length of time that it can take to complete all of the administrative tasks to form an entity and get it ready to submit a bid on a federal procurement, such as registering the business in your chosen state, obtaining an EIN, establishing a bank account, and obtaining a DUNS number, all of which must be done before registering in SAM and finally being assigned a CAGE code, it is important to plan ahead. We are here to assist you in navigating these steps.<br /> <br /> <span style="font-size: small;"><strong>About the Author:</strong> <em>Meghan Leemon is an associate with PilieroMazza in the Government Contracts Group at our Colorado office. She may be reached at </em></span><a href="mailto:mleemon@pilieromazza.com"><span style="font-size: small;"><em>mleemon@pilieromazza.com</em></span></a><span style="font-size: small;"><em>.</em></span>https://www.pilieromazza.com/?t=39&format=xml&directive=0&stylesheet=rss&records=10Labor Law 101: What Employers Need to Understand About the NLRAhttps://www.pilieromazza.com/7A2372/assets/files/News/Labor Law 101 What Employers Need to Understand About the NLRA.pdf17 Oct 2018Presentations & WebinarsPresented By Nichole Atallah and Sarah Nash<br /> <br /> The recorded session will be available after the webinar.<br /> <br /> Whether your employees are unionized or not, chances are the National Labor Relations Act applies to you. This seminar will help you navigate the Act and keep on the right side of labor laws.<br />https://www.pilieromazza.com/?t=39&format=xml&directive=0&stylesheet=rss&records=10David T. Shafer17 Oct 2018Featured Attorneyhttps://www.pilieromazza.com/?t=39&format=xml&directive=0&stylesheet=rss&records=10809 Panel Seemingly Switches Focus of Protest Recommendationshttps://www.pilieromazza.com/?t=40&an=80844&format=xml09 Oct 2018Blog<img src="https://www.pilieromazza.com/7A2372/assets/images/Attorneys/2/150x150/Alba.jpg" hspace="5" vspace="5" align="left" alt="" border="0" width="150" height="150" />As we noted in our May 2, 2018, <a href="https://www.pilieromazza.com/the-section-809-panels-recommendations-on-bid-protests-may-cause-major-headaches-for-contractors" target="_blank"><u>post</u></a>&nbsp;on the possible 809 Panel recommendations for bid protests, the Panel was planning to make radical changes to the bid protest process at DOD, which would lead to less oversight and accountability, opening the floodgates for fraud and abuse by government personnel. However, we recently learned that the Panel may be thinking of taking action that could benefit DOD&rsquo;s buying processes, without reducing public oversight, by looking at more inward-facing policy changes to help government personnel embrace the protest process instead of fearing it.<br /> <br /> Specifically, it appears the 809 Panel is taking the bold and welcome step of recommending more comprehensive training for government procurement personnel, so they better understand their duties and obligations during the evaluation process, take more time to construct RFP terms and understand their impacts on the evaluation process, and stop wasting time attempting to &ldquo;protest-proof&rdquo; procurements. Indeed, these &ldquo;protest-proof&rdquo; measures have not reduced protests at all. Further, the government is already afforded significant deference in its procurement decisions, providing agencies a major advantage in the bid protest process. This, effectively, makes protest-proofing unnecessary.<br /> <br /> Given these facts, the 809 Panel will likely recommend robust debriefings and the release of a more fulsome evaluation record. This is in direct response to the fact that many protests are filed merely to get some additional information about why the award determination was made. It appears that, as fear of protests increased, agencies withheld more information, which increased protests by frustrated contractors who were unable to make a reasonable determination about how the evaluation was conducted or assess the viability of protest grounds. Indeed, companies were forced to protest to determine whether they had protest grounds. So the lack of transparency had the opposite effect of what agencies intended. With the increased transparency that may be recommended by the 809 Panel, scrupulous attorneys can review the record and make better-informed decisions for clients, many times likely advising against filing a protest.<br /> <br /> One area to watch, however, is the idea that the government should post competitor proposals on a public or semi-public website. While this would certainly allow for transparency, it would create a race to the bottom on pricing future work, allow for widespread poaching of employees&mdash;thus putting newly awarded contracts at risk&mdash;and be a violation of the spirt, if not the letter, of the FOIA exemptions, all Trade Secrets Acts, and similar laws. Regardless, it would also likely drive contractors with innovative solutions out of the Federal market. We will have to see how this is proposed by the 809 Panel in its next report, but we are keeping a close eye on this and providing our feedback directly to the Panel itself during forums and closed meetings with stakeholders.<br /> <br /> <strong><span style="font-size: small;">About the Author:</span></strong><span style="font-size: small;"> </span><em><span style="font-size: small;">Cy Alba is a partner and member of the Government Contracts and Small Business Programs groups. He may be reached at <a href="mailto:ialba@pilieromazza.com">ialba@pilieromazza.com</a>.</span></em>https://www.pilieromazza.com/?t=39&format=xml&directive=0&stylesheet=rss&records=10809 Panel Likely to Scale Back Harmful Small Business Recommendationshttps://www.pilieromazza.com/?t=40&an=80789&format=xml04 Oct 2018Blog<img src="https://www.pilieromazza.com/7A2372/assets/images/Attorneys/2/150x150/Alba.jpg" hspace="5" vspace="5" align="left" alt="" border="0" width="150" height="150" />As we have <a href="https://www.pilieromazza.com/the-section-809-panels-recommendations-on-bid-protests-may-cause-major-headaches-for-contractors" target="_blank">noted in the past</a>, when the 809 Panel first convened, a number of the members believed that small business programs provided little for the warfighter at DOD and, thus, were simply unnecessary. Indeed, the Panel&rsquo;s initial recommendation was going to be the full elimination of small business goals&mdash;which effectively stops small business set-asides entirely. The idea was that government personnel were wasting time counting dollars instead of focusing on increasing the lethality of the warfighter. While helping the warfighter is clearly laudable, DOD is the largest buyer in the world, and it purchases much more than simply weapons of war. Indeed, small businesses perform many functions that do not directly implicate warfighting, and certainly not lethality initiatives. Moreover, the services the small businesses do provide are critical to ensuring that the U.S. government has a robust supply chain and are not tethered to a handful of oligarchic corporations. Luckily for all small businesses, it appears that the 809 Panel has realized this fact and could be making a turn to support small business initiatives.<br /> <br /> Given the latest information on the 809 Panel, it now appears that the small business goals will not be eliminated after all and that the small business marketplace, which employs hundreds of thousands of Americans, will be spared from a direct attack. What is less clear, however, is how the changes to commercial buying practices could still harm not just small businesses, but also increase cronyism, decrease transparency and accountability, and increase the risk of conflicts of interest and self-dealing. Specifically, if the government were allowed to simply buy like you or I, it would effectively mean a contracting officer could find a friend, maybe even a friend that could give him or her a lucrative job after leaving the government or that would employ his or her spouse, etc., instead of competing the work fairly and openly. While we certainly hope the rush to commercial buying will not overshadow the laws and regulations created to address the fact that the government is not a commercial entity and that the dollars it spends are owned by all of us, not just generals and bureaucrats. Unfortunately, we will have to wait until the third volume of the 809 Panel report is released to learn the specifics of the plans, but rest assured we will be getting as much information as we can, and we will share it with all of our friends and clients.<br /> <br /> <strong><span style="font-size: small;">About the Author:</span></strong><span style="font-size: small;"> </span><em><span style="font-size: small;">Cy Alba is a partner and member of the Government Contracts and Small Business Programs groups. He may be reached at </span></em><a href="mailto:ialba@pilieromazza.com"><em><span style="font-size: small;">ialba@pilieromazza.com</span></em></a><em><span style="font-size: small;">.</span></em>https://www.pilieromazza.com/?t=39&format=xml&directive=0&stylesheet=rss&records=10