Kaylie Flagg

Rule of Two Changes: OMB Memo Aims to Make Rule of Two Apply to Task and Delivery Orders and SBA’s Proposed Rules, Coming Soon, Will Shape the Future Procurement Landscape

On January 25, 2024, the White House Office of Management and Budget issued a memo, Increasing Small Business Participation on Multiple-Award Contracts, calling for executive agencies to apply the FAR’s Rule of Two to task and delivery orders competed under multiple-award contracts. Contractors should take note that this change has the potential to significantly increase the number of small business set-asides, and in turn, it could mean millions more dollars in contract opportunities for small businesses. In this blog, we . . . Read More

PilieroMazza Annual Review: Key Insights from Recent Bid Protest Decisions Reshape Strategies for Future Government Contractor Success

Click here to view the recorded session.  Bid protests play a crucial role in the federal procurement process. Whether you’re submitting a proposal, filing a protest, or defending your contract award, bid protest rulings can influence not just your current contract but also future outcomes and the broader award process. Decisions made in 2023 are no different. They have ramifications that extend beyond 2023, affecting aspects like submission deadlines and the burden of proof for protesters. 2023 decisions illustrate important considerations . . . Read More

Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule Effective February 12, 2024

Click  here  to view the recorded session. On December 14, 2023, the Department of Labor published a Final Rule implementing Executive Order 14055, Nondisplacement of Qualified Workers Under Service Contracts, effective February 12, 2024. The rule establishes that when a service contract with the government expires and a follow-on contract is awarded, the successor contractor or subcontractor hires or offers the right of first refusal to the predecessor’s employees, preventing disruptions in federal services. The Final Rule contains a number of . . . Read More

Protecting Our Nation’s Data: Cybersecurity Compliance for Government Contractors

Click here to view the recorded session. In an era where digital threats are ever-evolving, ensuring the security of sensitive government data is paramount, especially for government contractors working on defense contracts. Join PilieroMazza’s  Cy Alba  and  Daniel Figuenick  for an insightful webinar exploring the unique challenges facing government contractors in safeguarding crucial data assets. You’ll learn valuable insights into the latest cybersecurity compliance requirements, helping to improve your ability to compete for contracts, as well as avoid contract termination and False Claims Act liability. . . . Read More

Subcontract Flow-Down Provisions: Constructive Acceleration and Delays on Federal Projects

A contractor’s claims against the government for constructive acceleration and delays are governed, in part, by the applicable clauses of the Federal Acquisition Regulations (FAR) incorporated into its contract with the government. Whereas a subcontractor’s claims against a contractor for constructive acceleration and delays are governed, in part, by which FAR clauses are incorporated into its subcontract. Prime contractors and subcontractors on federal projects should be aware of the importance of understanding flow-down provisions in subcontracts and how they can . . . Read More

Inter-Con Security Systems: Significance of CBCA’s Decision on Government Contractors

On September 29, 2023, the Civilian Board of Contract Appeals (CBCA) ruled that a federal contractor could not collect damages from the U.S. Marshals Service (USMS). The contractor’s claim, asserting that it was being sued by former employees as a result of government action, was rejected by the CBCA. The CBCA’s decision in Inter-Con Security Systems, Inc. v. U.S. Dept. of Justice, CBCA No. 6995, suggests that when government action is justified by contract language, a lawsuit filed by a former . . . Read More

PilieroMazza Receives Prestigious “Business Partner of the Year” Award from Montgomery County Chamber of Commerce

PilieroMazza was honored with the “ Business Partner of the Year ” award which was presented by the Montgomery County Chamber of Commerce on November 9, 2023. The award recognizes PilieroMazza for consistently demonstrating a deep understanding of the unique challenges facing government contractors and for providing invaluable legal advice and counsel to clients ranging from emerging startups to established corporations. The firm’s commitment to education, advocacy, and client success positions it as a trusted partner to the business community. Please visit this link for a video presentation of . . . Read More

Protecting Our Nation’s Data, Part 3: Are Goods or Services Subject to FASCSA Orders?

Substantive cybersecurity amendments to the Federal Acquisition Regulation (FAR) are underway, significantly altering the duties and obligations of federal government contractors both prior to award and during contract performance. The FAR Council issued an Interim Final Rule implementing Section 202 of the Federal Acquisition Supply Chain Security Act of 2018 (FASCSA) [1] , as well as a 2021 Final Rule ( Final Rule ) granting the Federal Acquisition Security Council (FASC) authority to issue orders excluding or removing goods or services from the supply chain that . . . Read More

PilieroMazza Listed Among Best Law Firms® in Washington, DC

PilieroMazza is proud to announce it is listed among the Best Law Firms ® in Washington, DC, in the following practice areas: Construction Law , Litigation – Construction , and Litigation – Labor & Employment . Each year, Best Law Firms® recognizes outstanding law firms for their exceptional legal expertise, professionalism, and commitment to client success. Jessica duHoffmann and Nichole Atallah —partners in the Firm’s Construction and Labor & Employment practice groups, respectively—were also distinguished in the 30th edition of  The Best Lawyers in America ® . Managing Partner Tony Franco expressed his gratitude for this achievement, stating, “We are incredibly proud of our entire team’s . . . Read More

“Off the Shelf” Podcast: PilieroMazza’s Jon Williams Addresses Top Concerns for Small Business Government Contractors in 2023 and Beyond

Jon Williams , a partner in PilieroMazza ’s Government Contracts Group , was a featured guest on Federal News Network’s “Off the Shelf” podcast, “Small Business Contracting: A Year In Review,” which provided an update on key concerns for contractors related to small business policy, as well as regulatory and legal trends shaping the federal market. Please visit this link to access the podcast. Topics include the impact and federal response to the Ultima decision, the GAO-Court of Federal Claims bid protest split on the evaluation of . . . Read More