Weekly Update for Government Contractors and Commercial Businesses – June 4, 2021

If you have questions concerning the content below, please visit this link . WEBINAR: Missteps in the Bid Protest Process: War Stories from the Trenches, June 9, 2021, Katie Burrows and Timothy Valley . Read more here . WEBINAR: Federal Small Business Programs—A Primer for Government Contractors, June 15, 2021, Peter Ford and Lauren Brier . Read more here . WEBINAR: Government Contractors: Keys to Making Your Company an Attractive Acquisition Target, June 16, 2021, Cy Alba and Kathryn Hickey . Read more here . WEBINAR: Return to Work: Employer-Mandated COVID-19 Vaccination Policies and Accommodating Employee . . . Read More

DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know

As we previously reported , Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (2018 NDAA) required the Department of Defense (DOD) to issue new regulations to establish more detailed and comprehensive post-award debriefing rights. In March 2018, DOD issued a class deviation to implement some, but not all, of the rights required by the 2018 NDAA. On May 20, 2021, DOD published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement to make permanent various changes in the . . . Read More

Kathryn Hickey Elected to Howard County Chamber of Commerce Board of Directors

PilieroMazza is pleased to announce that partner Kathryn Hickey was elected a member of the Board of Directors of the Howard County Chamber of Commerce, effective June 1, 2021.  As a member of the Board, Kathryn will work together with others on the Board and the Chamber’s President and CEO, Leonardo McClarty, to foster and promote the success of Howard County’s business community.  Commenting on her election, Kathryn stated, “PilieroMazza is a proud business partner of the Chamber, and I look forward . . . Read More

SBA Proposes to Increase Small Business Eligibility for Loan Programs Through Size Standard Revisions

On May 25, 2021, the Small Business Administration (SBA) issued a proposed rule that would increase size standards for 49 industries in the Wholesale Trade (Sector 42) and Retail Trade (Sectors 44-45) sectors. The North American Industry Classification System (NAICS) codes under these sectors are not used to classify government acquisitions for supplies. Instead, procurements for supplies are classified under a manufacturing or supply NAICS code. Therefore, SBA estimates that this rule would not have any impact on federal contract dollars awarded . . . Read More

Operating Agreement Drafting Considerations: Removal of a Member

When establishing a multi-member limited liability company, it is important to plan for the worst. It may seem cynical to think about the end before the beginning, but every company has a half-life. And while relationships at the outset of any venture are typically strong, it often becomes necessary to remove or dissociate a member who is negatively impacting those relationships—or even the business. If no protection is built into the organizational documents, the members’ recourse is limited to circumstances . . . Read More

Ratification of Defective Corporate Actions Under the Virginia Stock Corporation Act

In 2019, the Commonwealth of Virginia adopted a variety of amendments to the Virginia Stock Corporation Act (VSCA). While many of those amendments are already effective, some of the amendments will go into effect on July 1, 2021, including those addressing how a corporation may ratify defective corporation actions. These new provisions provide corporations with vital tools to ensure that actions taken by the corporation, which might otherwise be found to be void or voidable under Virginia law, are valid . . . Read More

13 PilieroMazza Attorneys Featured in 2021 Super Lawyers®

The 2021 edition of Super Lawyers® features attorneys from all PilieroMazza ‘s offices and a cross-section of the Firm’s primary practice areas—including, Government Contracts , Business & Transactions , Labor & Employment , and Litigation & Dispute Resolution .  “This is a great achievement,” said Managing Partner Tony Franco, “and highlights the hard work and perseverance of not just the attorneys listed, but the team as a whole.” Every year, Super Lawyers® selects attorneys from firms throughout the U.S. Super Lawyers® candidates are nominated by colleagues, researched by Super Lawyers® staff, and evaluated by top . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – May 19, 2021

If you have questions concerning the content below, please visit this link . WEBINAR: Risk Prevention Strategies: Responding Effectively to Internal Workplace Complaints, June 1, 2021, Nichole Atallah and Matt Kreiser . Read more here . WEBINAR: Missteps in the Bid Protest Process: War Stories from the Trenches, June 9, 2021, Katie Burrows and Timothy Valley . Read more here . WEBINAR: Federal Small Business Programs—A Primer for Government Contractors, June 15, 2021, Peter Ford and Lauren Brier . Read more here . WEBINAR: Return to Work: Employer-Mandated COVID-19 Vaccination Policies and Accommodating Employee Disabilities and . . . Read More

8 Key Takeaways from Executive Order on Improving the Nation’s Cybersecurity for Government Contractors

On May 12, 2021, the Biden administration released a far-reaching executive order intended to improve the U.S. government’s cybersecurity posture, both internally and in any private information technology (IT) systems that “touch” federal IT systems. The executive order is available here , and a related fact sheet is available here . This executive order will work in tandem with existing initiatives, such as the Cybersecurity Maturity Model Certification (CMMC), the Federal Risk and Authorization Management Program, and National Institute of Standards and . . . Read More

Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 3 of 3)

This is the final part of our three-part series on revenue clawbacks. The scenario: a customer or teaming partner goes bankrupt and then they (or a trustee) demand you return money they already paid you for services or goods duly rendered. In the first entry , we discussed the definition of preferences and the policy purpose of preference actions. In the second , we identified five specific actionable items to take to limit your exposure to them. In this finale to the series, . . . Read More