Discretionary Discussions: Federal Circuit Undercuts DFARS Presumption of Discussions and Maybe More
PilieroMazza’s Eric Valle was a guest author for The Nash & Cibinic Report where he published the article “Discretionary Discussions: Federal Circuit Undercuts DFARS Presumption of Discussions and Maybe More.” This article is focused on one important aspect of the Oak Grove decision—the ability to protest an agency’s decision to forgo discussions in a high-value Department of Defense procurement—and the implications for the procurement system. Visit this link to access the full article. Eric previously clerked for the Honorable Matthew H. Solomson at the U.S. Court . . . Read More
Forgiveness Denied: Protecting Your Rights During the PPP Loan Appeal Process
In 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act established the Paycheck Protection Program (PPP). Under the PPP, eligible businesses could receive loans for support through unprecedented times. Loan forgiveness was all but promised by not only lenders processing the loans, but the Small Business Administration (SBA) which was tasked with implementing the program. With SBA planning to claw-back PPP loans for years to come, borrowers should be aware of how to protect their rights when appealing a . . . Read More
Billions, and Billions, and Billions: Recent Administrations, Cronyism, and the Need for Greater Independence in Contract Awards, 51 Pub. Cont. L.J. 599 (2022)
Billions, and Billions, and Billions: Recent Administrations, Cronyism, and the Need for Greater Independence in Contract Awards , 51 Pub. Cont. L.J. 599 (2022)
Navigating Nondisplacement Rule Reboot for Government Contracts, Nichole Atallah for Law360
In her Law360 article “Navigating Nondisplacement Rule Reboot For Government Contracts,” Nichole Atallah , Chair of PilieroMazza ‘s Labor & Employment Group , examines President Biden’s executive order bringing back to life provisions of the 2009 Executive Order No. 13495 on the nondisplacement of qualified workers under service contracts. Visit this link to view the full article.
Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance More Uniform
Westlaw Today recently published an article by Sam Finnerty titled “Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance More Uniform.” The article covers a recent Civilian Agency Acquisition Council memorandum authorizing civilian agencies to issue Federal Acquisition Regulation (FAR) class deviations to adopt certain exceptions to the limitations on subcontracting requirements for small businesses. The exceptions are already specifically outlined in the Small Business Administration’s regulations, but they have not yet been added to the . . . Read More
DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know
Westlaw Today recently published an article by Jackie Unger titled “DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know.” The article covers a Department of Defense proposed rule that would amend the Defense Federal Acquisition Regulation Supplement to permanently implement the enhanced post-award debriefing rights detailed in Section 818 of the National Defense Authorization Act for Fiscal Year 2018. To access the full article, please visit this link .
What President Biden’s Vaccine Mandate Means for Government Contractors and Private Employers
Westlaw Today recently published an article by Nichole Atallah , Sarah Nash , and Sara Nasseri titled “What President Biden’s Vaccine Mandate Means for Government Contractors and Private Employers.” The article covers President Biden’s July 29, 2021, announcement that all onsite federal employees and contractors are required to be vaccinated or face strict testing, social distancing, and masking requirements—diving into the new vaccine mandate’s implications for federal contractors and private employers. To access the full article, please visit this link .
Defense Production Act Use Under the Biden Administration: What a Stronger Pandemic Response Means for Government Contractors
Westlaw Today recently published an article by Jon Pomerance titled “Defense Production Act Use Under the Biden Administration: What a Stronger Pandemic Response Means for Government Contractors.” The article covers potential Biden Administration use of the Defense Production Act of 1950, outlining the rights and obligations of government contractors that receive orders under the statute. To access the full article, please visit this link .
Doing Business with the Government and the Impact of COVID-19
The July 2020 issue of Lawyer Monthly features an article by PilieroMazza ‘s Managing Partner Pam Mazza on “ Doing Business with the Government and the Impact of COVID-19 .” In the article, Pam explores why companies should consider doing business with the government and the possible pitfalls they should be aware of. Pam also discuses the challenges COVID-19 has presented for government contractors and changes we should be on the lookout for. Please visit this link to view the full article.
House Introduces New Legislation Allowing Startups To Access PPP Funding
On May 8, 2020, Congresswomen Anna Enshoo and Cathy McMorris introduced the Caring for Startup Employees Act of 2020 , a bipartisan piece of legislation aimed at granting more economic assistance to startup companies through the Paycheck Protection Program (PPP). Should this bill become law, it would dramatically increase the number of companies eligible for PPP loans. Under current Small Business Administration (SBA) guidance and regulations—specifically the agency’s “affiliation rules”—many startups are unable to receive PPP funds because they do not have a majority shareholder. The Caring for . . . Read More