Jon Williams Features on SYNNEX-Sponsored CMMC Panel

Jon Williams , Partner in PilieroMazza ’s Government Contracts and Cybersecurity & Data Privacy groups, was recently a featured speaker on SYNNEX’s webinar titled “Practical Asset Inventory Considerations To Get Ready For Cyber Security Maturity Model (CMMC) Certification.” Starting in 2020, a big change was put in place for government contractors providing products and services to the Department of Defense (DOD). No longer will DOD accept cybersecurity “self-assessment” check box compliance for contract awards. Instead, DOD contractors and subcontractors will be required to obtain Cybersecurity Maturity Model Certification (CMMC), . . . Read More

Changes to Pay Equity Law Are Coming: It’s Time to Consider Auditing Your Pay Practices

Amidst all of the promises and actions taken by the Biden Administration, the topic of pay equity is gaining more and more attention. While there has been growing momentum on the issue for years now, the Biden Administration is making it clear that that momentum will materialize into actual changes in the law on the federal front. As such, it is critical that commercial businesses and federal contractors take proactive measures now, including conducting proactive pay analyses with legal counsel, . . . Read More

PilieroMazza’s Nichole Atallah Comments on DOL Targeting Government Contractors for Wage Enforcement

U.S. Labor Department (DOL) leaders are planning to ramp up enforcement of wage standards on federally funded construction and service projects […]. The changes the DOL’s Wage and Hour Division is formulating—which could rank among its biggest initial policy moves under the new administration—would support the infrastructure and jobs package President Joe Biden is planning to roll out. […] DOL has begun preparations to expand its investigative capacity under two statutes that require government contractors to pay workers prevailing wages and benefits […]: the . . . Read More

COVID-Related Construction Claims: 4 Key Strategies for Recovery

The construction industry has seen increased costs and contract performance concerns resulting from the impacts of COVID-19. For construction firms contracting with the government, it is critical to understand how to position the firm to recover increased costs. Following are four key recovery strategies to better prepare you before filing a claim or request for equitable adjustment (REA). 1. Understand How Contract Provisions Help Carefully examine the contract to identify provisions that may excuse delays or provide for recovery in . . . Read More

Government Purpose Rights in Technical Data and Software Developed with DOD Funding

When you develop technical data or software, in whole or in part, with government funding, it is important to know the scope of data rights that the government will obtain at the outset, both with respect to components that were developed solely at private expense and those that were developed with government funding. However, because technical data and software are often developed with multiple funding sources and are continually updated and improved, it can be difficult to determine these data . . . Read More

SBA Takes Steps to Address PPP Validation Error Problems

On February 10, 2021, the Small Business Administration (SBA) announced new policy changes to the Paycheck Protection Program (PPP) meant to address an ongoing issue loan applicants face regarding validation error codes. These error codes serve as validation checks to combat fraud and prevent improper loans from being issued to ineligible businesses. However, many eligible businesses have received such error codes during the application and forgiveness process, delaying necessary economic relief. SBA’s new changes grant additional authorities to lenders for borrowers . . . Read More

The First 100 Days: President Biden’s Buy American Executive Order, What Government Contractors Need to Know

President Biden signed an executive order (EO) on January 25, 2021, titled “Ensuring the Future Is Made in All of America by All of America’s Workers.” Referring broadly to all statutes, regulations, rules, and executive orders that relate to Buy America, Buy American, or domestic sourcing requirements as “Made in America Laws,” the EO expresses the new administration’s policy that the U.S. government should maximize the use of domestic products and services and “should, whenever possible, procure goods, products, materials, and services . . . Read More

The First 100 Days: President Biden’s Plan to Secure a Sustainable Public Health Supply Chain, 3 Tips for Government Contractors

In November, we published a post on potential Biden administration use of the Defense Production Act of 1950 (DPA) in response to the COVID-19 pandemic. In his first week in office, President Biden invoked the DPA and signed an executive order to secure a sustainable public health supply chain. The executive order gives insight into how the Biden administration may use the DPA going forward. The following explains the Biden administration’s goals for pandemic preparedness and potential DPA use and identifies . . . Read More

Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 2 of 3)

This is part two of our three-part series on revenue clawbacks. Once again, the scenario: a customer goes bankrupt, and then they (or a trustee) demand you return money you were already paid for services or goods duly rendered. In this three-part series, we discuss strategies for protecting your company against these revenue “clawbacks” and how to implement these strategies before and after a customer’s or teaming partner’s bankruptcy filing. In part one , we discussed the definition of preferences and the . . . Read More

Maryland Essential Workers’ Protection Act: How It May Impact Maryland Employers

Although many employers have taken discretionary measures to protect essential employees, there are currently few mandated health and safety requirements at the federal or state level. On January 20, 2021, the Maryland General Assembly’s Senate and House of Delegates introduced the Maryland Essential Workers’ Protection Act . With the bill, Maryland is now considering joining the growing group of states that are imposing requirements on employers who employ essential workers or require employees to work on-site. If passed, it would require employers who employ “essential . . . Read More