Seldom-Discussed CMMC Effects on a Defense Contractor’s Business
The Department of Defense (DOD) has finally promulgated its Final Rule (Rule) implementing the Cybersecurity Maturity Model Certification (CMMC) program, which goes ‘live’ on December 16th. There is plenty of content summarizing what the Rule is. Here, PilieroMazza attorneys offer their opinions on some of the practical effects, consequences, and strategies federal contractors can take away from the Rule and the DOD’s commentary. This blog touches on potential protest arguments flowing from the Rule, the Rule’s effect on small businesses and joint . . . Read More
OHA Confirms Key Affiliation Protections for Tribal Businesses
On November 15, 2024, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) affirmed the Area Office’s finding that a tribal-owned company was small due to the affiliation exceptions for tribal-owned entities [1] (the Tribal Affiliation Exception). However, the case was remanded back to the Area Office for a failure to investigate whether the tribal-owned company violated the ostensible subcontractor rule, which is not fully protected by the Tribal Affiliation Exceptions. Tribal entities and their partners should pay close . . . Read More
Corporate Transparency Act, Part 5: Voluntary Reporting
In this fifth installment of PilieroMazza ’s series on the reporting requirements associated with the Corporate Transparency Act (CTA) (see links to Part 1 , Part 2 , Part 3 , and Part 4 ), we discuss the nationwide preliminary injunction halting enforcement of the CTA. While reporting companies formed prior to January 1, 2024, need not comply with the CTA’s January 1, 2025, Beneficial Ownership Information Report (BOIR) filing deadline, and reporting companies formed in 2024 similarly need not comply with the CTA’s ninety (90) day BOIR filing . . . Read More
SAM Registration Rules May Ease: Lapses OK!
In 2023, PilieroMazza reported on Myriddian, LLC v. U.S. [1] where the Court of Federal Claims interpreted Federal Acquisition Regulation (FAR) Clause 52.204-7 to require that offerors maintain an active SAM (System for Award Management) registration continuously from offer submission to contract award. The Department of Defense, General Services Administration, and the National Aeronautics and Space Administration have issued an interim rule allowing contractors minor lapses in SAM registrations without risking their ability to secure contract awards. The Interim Rule The interim . . . Read More
Corporate Transparency Act, Part 4: Reporting Requirements Temporarily Suspended
As you may have been following, PilieroMazza previously reported on the requirements of the Corporate Transparency Act (CTA) and the reporting requirements that are associated therewith ( Part 1 , Part 2 , and Part 3 ). On December 3, 2024, in the case of Texas Top Cop Shop, Inc. et al. v. Garland et al., the U.S. District Court for the Eastern District of Texas issued a preliminary injunction against the enforcement of the CTA that applies nationwide. In its ruling, the court found that the “CTA is . . . Read More
Should You Protest? Takeaways for Government Contractors from GAO’s 2024 Bid Protest Annual Report
The Government Accountability Office (GAO) recently released its 2024 Bid Protest Annual Report (Report), providing statistics on protests, cost claims, and requests for reconsideration at GAO this year. In this blog, PilieroMazza analyzes what the Report reveals about bid protests at GAO, including recent trends and how this information could affect a contractor’s decision to file a protest as well as its likelihood of success. Analysis of the Report Fiscal Year 2024 brought about an 11% decrease in the number . . . Read More
PPP Loans Under the Microscope: False Claims Act and Enforcement Trends
While the COVID-19 pandemic may feel like a distant memory for many, its effects continue to reverberate for others—particularly for businesses that obtained loans through the Paycheck Protection Program (PPP). Whether forgiven or not, these loans remain subject to scrutiny. The Small Business Administration (SBA) and the Department of Justice (DOJ) can pursue criminal or civil charges against individuals involved in PPP loan fraud for up to ten years after the offense. Borrowers should ensure they maintain all relevant documentation . . . Read More
Trump 2.0: Implications for Federal Spending and the Workforce
The election of former President Trump has the potential to significantly change the federal procurement landscape. As with his first term, President-elect Trump will prioritize government efficiency, including plans to reduce the federal workforce and certain spending. Government contractors could see (1) reductions in the federal workforce; (2) disruptions in the procurement process, resulting in slower procurements; (3) increased reliance on Governmentwide Acquisition Contracts (GWACs), which may lead to fewer opportunities for small business set-asides; and (4) contracts in certain . . . Read More
Corporate Transparency Act, Part 3: Filing Extensions for Businesses Affected by 2024 Hurricanes
The Financial Crimes Enforcement Network (FinCEN) announced a significant relief measure under the Corporate Transparency Act (CTA) for businesses affected by five hurricanes impacting the U.S. in 2024. Hurricane relief extends the deadline for submitting a Beneficial Ownership Information Report (BOIR) by six months for companies that meet specific criteria. Please visit this link for Part 1 and this link for Part 2 in this series. Which Companies Qualify for the Extension? To qualify for this extension, a reporting company must meet two . . . Read More
Trump Administration’s Proposed Tariffs: How Can Government Contractors Prepare?
While on the campaign trail, President-elect Trump spoke of implementing tariffs. How will government contractors be affected if the upcoming Trump administration enacts its proposed tariffs in 2025? Contractors offering goods to the government should (1) be alert to the possibility that proposed tariffs could increase their cost of performance, (2) factor increased cost and performance risks into their bids and proposals, and (3) ensure appropriate communications with subcontractors to lock-in particular quotes and scheduling to the extent necessary. Most . . . Read More