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Novation and Recertification Requirements: A Post-Closing Guide for GovCon M&A Deals

After the sale or acquisition of a business or its assets, there are often one or more post-closing requirements that business owners must complete. In deals involving government contractors, two of these requirements are especially important: contract novation and size recertification. Below, PilieroMazza attorneys provide a post-closing guide for government contractors on meeting novation and recertification requirements to avoid costly penalties such as loss of contract award or criminal liability. Overview Parties preparing to acquire a small business government contractor, . . . Read More

Corporate Transparency Act, Part 1: Constitutionality, Exemptions, and Substantial Control

The Corporate Transparency Act (CTA), which came into effect on January 1, 2024, has significant implications for government contractors and commercial businesses. This client alert summarizes recent developments in the CTA—including constitutionality, physical office requirements, unpopulated joint ventures, and substantial control—to help businesses comply with and avoid harsh enforcement penalties. If you formed an entity on or after January 1, 2024, and are not subject to one of the exemptions, then you must file your initial BOI report within 90 days . . . Read More

Federal Judge Orders Minority Business Development Agency to Serve All Business Owners Regardless of Race

On March 5, 2024, a federal judge ordered the Department of Commerce’s Minority Business Development Agency (MBDA) to immediately stop considering a business owner’s race or ethnicity in determining whether an applicant may receive business-related benefits and services from MBDA Business Centers nationwide, including assistance with accessing capital and pursuing government contracting opportunities. [1] Judge Mark T. Pittman, U.S. District Judge for the Northern District of Texas, ruled that MBDA’s use of the presumption that certain individuals—including African Americans, Latinos, American . . . Read More

Decoding the 2024 NDAA: Implications for Defense Contractors Small and Large

The National Defense Authorization Act (NDAA) for Fiscal Year 2024 (FY24), signed into law on December 22, 2023, signals significant changes across the defense acquisition and contracting landscape. These changes are poised to reshape how the Department of Defense (DOD) engages with contractors, emphasizing transparency, accountability, and fairness. PilieroMazza examines key themes and provisions in the NDAA that DOD government contractors (small and large) should know to take advantage of contract opportunities and maintain compliance requirements. Background The NDAA is annual . . . Read More

Emily A. Reid

Emily focuses on providing efficient and thoughtful advice to clients on matters relating to Government Contracts, Audits & Investigations, and the False Claims Act. She counsels government contractors and grant recipients on procurements and claims, compliance and risk assessments, and mandatory disclosures. She also advises clients on the eligibility requirements for small business federal procurement programs and guides businesses through the process to form joint ventures. As an Attorney Advisor for the Small Business Administration’s (SBA) Office of Hearings and . . . Read More