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

Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision

Westlaw Journal Government Contract recently published an article by Meghan Leemon and  Lauren Brier titled “Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision.” The article covers a decision from the Armed Services Board of Contract Appeals (ASBCA) that highlights the importance for prime contractors to preserve all relevant defenses to termination in advance of an appeal to the Board of Contract Appeals or Court of Federal Claims. To access the full article, please visit this  link . . . Read More

Affiliation in the Context of SBA Loans, Guidance for Venture Capital Investors

In this guidance document published by the National Venture Capital Association (NVCA), “Affiliation in the Context of SBA Loans, Guidance for Venture Capital Investors,”  PilieroMazza ’s  Kathryn Hickey  offers key takeaways for venture capital investors concerned about SBA affiliation rules in the context of SBA loans. To access the full article, please visit this  link . Ms. Hickey is Chair of the Firm’s  Business & Transactions Group , where she assists clients primarily in general business, mergers and acquisitions, venture capital and private equity investments, and commercial contracting. . . . Read More

Jon Williams Authors Article for Federal News Network: If VA Builds Warehouse, Distribution Capabilities for Sleep Therapy, Better Patient Care Will Not Come

Jon Williams was recently published in Federal News Network with an article on a flawed insourcing strategy by the VA for critical medical devices. In February 2019, Jon wrote in Federal News Network about the VA’s plans to insource the warehousing and distribution of continuous positive airway pressure (CPAP) devices and related supplies that are used to treat a rapidly-growing number of veterans with respiratory disabilities. While VA’s goal to improve veteran healthcare in sleep therapy is laudable, Jon wrote about why . . . Read More

Unique Considerations for Transactions Involving Government Contractors

M&A transactions involving government contractors carry several regulatory and industry-specific considerations that can materially impact all aspects of the deal—from high-level structuring considerations to risk allocation for compliance issues to additional administrative checklist items. If neglected or overlooked, they can result in major headaches. This article outlines certain key issues that practitioners should consider in transactions involving government contractors. For the full article, please see the attached at pages 25-26.