Weekly Update for Government Contractors and Commercial Businesses – January 13, 2021

If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here .   LABOR & EMPLOYMENT Government Contractors to Register for Affirmative Action Program Compliance Certification Beginning February 1, 2022, January 10, 2022, Sara Nasseri In December 2021, the Office of Federal Contract Compliance Programs (OFCCP) launched its  Affirmative Action Program Verification Interface  through a new online portal (Portal).  Beginning on February 1, 2022, registration opens on the Portal, . . . Read More

PPP Loan Forgiveness Appeal Process: 4 Steps to Knowing and Protecting Your Rights

As discussed in PilieroMazza ’s previous alert , the Small Business Administration (SBA) released its Paycheck Protection Program (PPP) Loan Forgiveness application way back in May of 2020.  Since then, PPP forgiveness continues to cause confusion among businesses, especially federal contractors.  Since the release of the original forgiveness application, most PPP borrowers eligible for loan forgiveness have submitted for forgiveness and, most of those, have actually already received forgiveness as well.  Unfortunately, we have started to recently see and uptick in loan . . . Read More

Government Contractors to Register for Affirmative Action Program Compliance Certification Beginning February 1, 2022

In December 2021, the Office of Federal Contract Compliance Programs (OFCCP) launched its Affirmative Action Program Verification Interface through a new online portal (Portal).  Beginning on February 1, 2022, registration opens on the Portal, and covered prime and subcontractors are required to certify compliance of their Affirmative Action Program (AAP) by no later than June 30, 2022. Covered contractors are then required to annually certify.  The Portal also provides a secure platform for scheduled contractors to submit their AAP to OFCCP during compliance evaluations.  In . . . Read More

DOD Class Deviation Imposes New Requirements for Nonavailability Waiver Determinations Under the Buy American Statute

The Department of Defense (DOD) recently published a class deviation that builds on directives to promote an accountable and transparent procurement policy while maximizing Government use of goods, products, and materials produced in, and services offered in, the U.S. Specifically, the class deviation outlines steps that contracting officers (CO) should take as they make individual nonavailability waiver determinations under the Buy American statute. Such waivers can exempt an acquisition from meeting Buy American requirements. This blog identifies key aspects of the class . . . Read More

DOJ’s Civil Cyber-Fraud Initiative to Use False Claims Act in Pursuing Government Contractor Cybersecurity Shortfalls

The Department of Justice (DOJ) recently announced a new “Cyber-Fraud Initiative” aimed at “developing actionable recommendations to enhance and expand [DOJ’s] efforts against cyber threats.” The initiative will be part of DOJ’s Commercial Litigation Branch, Fraud Section, and will use the False Claims Act (FCA) as a tool to combat “cybersecurity related fraud” among federal contractors and grant recipients. In light of DOJ’s efforts, government contractors and entities receiving federal funding should implement measures to reduce the risk of being sued . . . Read More

Kevin Barnett Contributes to Latest Edition of Thomson Reuters’ Attorney-Client Privilege in the United States

PilieroMazza ’s Kevin Barnett is a contributing author to the latest annual edition of Attorney-Client Privilege in the United States. Since the primary author Professor Paul Rice’s untimely death in 2012, Kevin and five other colleagues diligently collaborate to update annual editions of this invaluable work.  As a result, Attorney-Client Privilege in the United States  remains the most current and complete treatment of attorney-client privilege available and is routinely cited by U.S. Circuit Courts of Appeals, state Supreme Courts, and other federal courts, including . . . Read More

2021 GAO Bid Protest Annual Report: What the Report Reveals About Bid Protests at the GAO

The recently released 2021 Bid Protest Annual Report (Report) from the Government Accountability Office (GAO) covers cases filed with the agency, including protests, cost claims, and requests for reconsideration.  In this blog, PilieroMazza analyzes what the Report reveals about bid protests at the GAO, including how the information could affect a contractor’s decision to file a protest and its likelihood of success. Analysis of the Report The Report shows the number of cases filed is down by 12% when comparing 2021 to 2020 (1,897 cases in . . . Read More

Kevin Barnett’s Article Featured in Westlaw Today: 2022 NDAA Makes Significant Changes to Federal Procurement Policy

Westlaw Today recently published an article by Kevin Barnett titled “2022 NDAA Makes Significant Changes to Federal Procurement Policy.”  The article examines three themes in this year’s NDAA that contractors should know to take advantage of contract opportunities and maintain compliance requirements. They include: Continued support for domestic preferences and supply chain security. Focus on small business. Procurement of innovative technologies and commercial contracting. To access the full article, please visit this link .

Establishing Irreparable Harm in Bid Protests: Does the Value of the Lost Opportunity Really Matter?

In a recent bid protest, A.T. Kearney Pub. Sector & Def. Servs., LLC v. United States, [1] the U.S. Court of Federal Claims (COFC) created a wrinkle in its precedent when it denied the protester’s motion for a preliminary injunction. While obtaining permanent injunctive relief is arguably the most important goal of any bid protest brought at the COFC, obtaining preliminary injunctive relief, a stay of award or performance while the protest is resolved, can sometimes be equally significant for business . . . Read More

PilieroMazza Elevates 3 Attorneys to Partnership Ranks in 2022

Congratulations to Government Contract Attorneys Jackie Unger and Sam Finnerty and Corporate Attorney Dave Shafer WASHINGTON, DC – JANUARY 5, 2022: PilieroMazza , a business law firm, is proud to announce that Jackie Unger and Sam Finnerty of the Firm’s Government Contracts Group and Dave Shafer of the Business & Transactions Group were promoted to partner as of January 1, 2022.  Commenting on the new partners, Managing Partner Tony Franco remarked: “Jackie, Sam, and Dave are key contributors to the Firm’s success, offer the highest quality of service to our clients, and demonstrate sound judgment and . . . Read More