HHS Issues Proposed Regulations Governing Buy Indian Act Procurement Procedures

Late last year, the Indian Health Service (IHS) of the Department of Health and Human Services (HHS) issued proposed regulations that would, if made final, govern IHS’s use of set-asides under the Buy Indian Act (Act). IHS’s current regulations give little guidance on how set-asides under the Act should be made. If the proposed regulations go into effect, officials at IHS will have a better roadmap for setting aside procurements under the Act. Below are key eligibility and procedural updates . . . Read More

PilieroMazza Earns #1 Spot for Government Contracts Thought Leadership on JD Supra

PilieroMazza attorneys and their thought leadership have taken the #1 government contracting position—for a fourth consecutive year—in JD Supra’s Readers Choice Awards . Cy Alba and Nichole Atallah , partners in PilieroMazza’s Government Contracts and Labor & Employment for Government Contractors practice groups, respectively, were recognized as the Firm’s leading authors, earning a place among JD Supra’s top 10 authors in government contracting. “This is a great achievement for Cy, Nichole, and PilieroMazza’s Government Contracts Group. We are honored that readers engage with and value our content as they address their business and legal concerns,” said  Tony Franco , the Firm’s Managing Partner. . . . Read More

PilieroMazza Celebrates Women’s History Month

PilieroMazza celebrates Women’s History Month and throughout the year, we recognize the ongoing achievements and contributions of the women within the Firm—including our Founding Partner Pam Mazza —who set the foundation for the successful firm we are today and who are leading us into the future.  #WomensHistoryMonth

PPP Eligibility Increases Under American Rescue Plan Act, but Deadline to Apply Remains March 31

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (Act). The Act allotted an additional $7.25 billion in Paycheck Protection Program (PPP) funding for small businesses. Moreover, nonprofit entities and digital media companies are now allowed to receive funding. Below are key PPP eligibility updates made under the Act and details on the borrower application deadline. Under the Act, eligible nonprofits now include those employing 500 or fewer employees per physical location (300 or fewer . . . Read More

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

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