Weekly Update for Government Contractors and Commercial Businesses – October 25, 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 . BUSINESS & TRANSACTIONS PilieroMazza’s GovCon M&A Team Advises MicroTech on Sale of Subsidiary Defined Technologies to Comcast Corporation, October 18, 2021 PilieroMazza is proud to announce that the Firm advised client MicroTechnologies, LLC (DBA MicroTech) in the successful sale of its subsidiary, Defined Technologies, to Comcast Corporation (NASDAQ: CMCSA). Leading the . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – September 30, 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 New Vaccine Mandate Guidance Issued for Federal Contractors: 5 Things You Need to Know, September 27, 2021, Nichole Atallah , Sarah Nash , and Matthew Stokes On September 24, 2021, the Safer Federal Workforce Task Force (Task Force) issued much-anticipated guidance (Guidance) regarding President Biden’s Executive Order 14042, Ensuring Adequate COVID . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – September 23, 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 . LITIGATION & DISPUTE RESOLUTION “Let’s Get Surety” Podcast: Cy Alba and Matt Feinberg Discuss False Claims Act Implications in the Construction and Surety Industries, September 17, 2021, Cy Alba and Matt Feinberg Kat Shamapande, host of the podcast “Let’s Get Surety”, spoke recently with PilieroMazza’s Cy Alba and Matt Feinberg, partners in the Firm’s False . . . Read More

Making a Good Faith Effort: The Recent Update to FAR Subcontracting Plan Regulations

The Department of Defense, General Services Administration, and National Aeronautics and Space Administration recently published a final rule that amends the Federal Acquisition Regulation (FAR) to better explain how contracting officers should evaluate “good faith efforts” on the part of prime contractors to comply with their small business subcontracting plans. These explanations were already included in Small Business Administration (SBA) regulations through a final rule published on November 29, 2019. But, the FAR amendments will allow contracting officers to more easily determine . . . Read More

DOD Issues Class Deviation Making Limitations on Subcontracting Compliance More Uniform

As we previously wrote , the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule was recently revised to more closely mirror the U.S. Small Business Administration’s (SBA) LOS regulation. However, because the changes to the FAR do not account for more-recent revisions to SBA’s LOS rule, inconsistencies between the two sets of regulations remain. Recognizing this disconnect, the Civilian Agency Acquisition Council has released a memorandum authorizing civilian agencies to issue FAR class deviations to better align the FAR’s and . . . Read More

Watch Your Step: Avoiding False Claims Act Violations from Limitations in Subcontracting and Performance of Work Requirements

Members of the government contracting community are familiar with the contracting opportunities offered specifically to small and disadvantaged businesses.  The availability of small business contracts and set-aside contracting opportunities through the U.S. Small Business Administration’s (SBA) 8(a), Mentor-Protégé, and various set-aside programs (such as those available for service-disabled veteran-owned small businesses or women-owned small businesses), offer important opportunities for small businesses to grow without competing against mega companies with endless resources.  However, certain requirements for performing contracts under these programs . . . Read More

Jury Convicts Former NASA Subcontractor of Fraud: A Warning Regarding Wire Fraud for Government Contractors

In the government contracting sphere, being able to qualify for one or more of the U.S. Small Business Administration’s (SBA) small business set-aside programs or self-certify as a small business can help open doors to new contracting opportunities for companies without having to compete against billion-dollar businesses. But making a false certification of size or status to participate in these programs or bid on set-aside contracts can cause problems for your business and may even lead to criminal liability. A . . . Read More

The FAR’s Revised Limitations on Subcontracting: What You Need to Know

On August 11, 2021, the Federal Acquisition Regulatory Council (FAR Council) issued a final rule revising and standardizing the limitations on subcontracting (LOS), including the nonmanufacturer rule, that apply to small business concerns under Federal Acquisition Regulation (FAR) part 19, more closely aligning them with Small Business Administration (SBA) regulations. The final rule becomes effective today, September 10, 2021, and is summarized in more detail below. The FAR Council’s long-awaited LOS rule finally addresses major differences that had existed between SBA’s regulations . . . Read More