In this Part 3 of PilieroMazza’s blog series, “The Rise of OTA in Defense Contracting,” we discuss tactics and best practices defense contractors should deploy when negotiating terms once selected for an OT award. This is...more
SBA Update: New Rule Makes Major Changes to Eligibility and Certification Requirements for HUBZone Program -
As PilieroMazza noted on December 17, 2024, the Small Business Administration (SBA or the Agency) published a...more
On December 18, 2024, the Defense Department (DOD) issued its Final Rule (Rule) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the data rights portions of the Small Business...more
On September 4, 2024, the Department of Defense (DOD) issued a proposed rule to update regulations related to other transaction (OT) agreements[1] to implement congressional changes in the statutory authority for prototype...more
The Cybersecurity Maturity Model Certification (CMMC) Program has been a headache for many defense contractors since the idea was first introduced in 2019. The program seeks to protect unclassified information, including...more
8/16/2024
/ Certification Requirements ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NIST
FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban -
On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing non-compete agreements against...more
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...more
In an era where digital threats are ever-evolving, ensuring the security of sensitive government data is paramount, especially for government contractors working on defense contracts. Join PilieroMazza’s Cy Alba and Daniel...more
1/23/2024
/ Biden Administration ,
Cyber Incident Reporting ,
Cybersecurity ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
New Rules
CONSTRUCTION -
DOL: Biden-Harris Administration Launches Initiative to Promote Equal Opportunity, Expand Workforce for Federally Funded Jobs in Large Infrastructure Projects -
U.S. Department of Labor (DOL) announced...more
3/30/2023
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
DFARS ,
Federal Contractors ,
General Services Administration (GSA) ,
Joint Venture ,
SBA ,
Subcontractors ,
U.S. Commerce Department ,
Vaccinations
GOVERNMENT CONTRACTS -
Veterans Affairs Imposes Increased Cybersecurity Rules on Government Contractors -
The U.S. Department of Veterans Affairs (VA) released a final rule, effective February 24, 2023, amending the...more
3/2/2023
/ Cybersecurity ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
NASA ,
Non-Compete Agreements ,
SBA ,
Subcontractors
GOVERNMENT CONTRACTS -
Prohibition on Use or Delivery of Chinese Telecommunications and Video Surveillance Products and Services: The Potential Link Between Section 889 of the 2019 NDAA and Section 1260H of the 2021 NDAA,...more
11/3/2022
/ China ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DFARS ,
False Claims Act (FCA) ,
Federal Contractors ,
General Services Administration (GSA) ,
Independent Contractors ,
National Security ,
OSHA ,
Small Business ,
Surveillance ,
Telecommunications ,
U.S. Navy ,
Video
GOVERNMENT CONTRACTS -
Impact of SBA Proposals on Federal Subcontracting
As PilieroMazza recently noted, the Small Business Administration (SBA) released a major proposed rulemaking that will impact government...more
GOVERNMENT CONTRACTS -
SBA Requests Comments on Potential Change in Size Standard for Resellers -
On April 26, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule regarding its small business size...more
5/9/2022
/ Assisted Living Facilities (ALFs) ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
General Services Administration (GSA) ,
Healthcare Workers ,
Independent Contractors ,
Misclassification ,
NASA ,
SBA
DOJ Recovers Over $5.6 Billion From Fraud and False Claims Act Matters in FY 2021: 6 Key Takeaways -
On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it had recovered more than $5.6 billion in Fiscal...more
2/4/2022
/ Biden Administration ,
Confidential Information ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DFARS ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
General Services Administration (GSA) ,
Paycheck Protection Program (PPP) ,
Pharmaceutical Industry ,
Popular ,
SBA ,
Small Business ,
Whistleblowers
In federal contracting, the laws and regulations surrounding data rights and intellectual property (IP) rights can instill fear in many companies, especially small businesses. A misstep could have you assigning unlimited...more
Concluding our blog series on open-source software in the government market, it is time to turn to the darker side of things. We already discussed the “good” of open-source software for government buyers, and we walked...more
In the first post of this series, we discussed “the good” of open-source software and why federal buyers should find it attractive. However, when it comes to the federal government accepting open-source code with open arms,...more
Join the HUBZone Council as They Celebrate Their 20th Anniversary -
On January 17, 2020, the HUBZone Contractors National Council will be hosting its first EVER HUBZone Industry Awards Gala in Baltimore, MD, at Morgan...more
1/13/2020
/ Construction Contracts ,
Cybersecurity ,
Department of Defense (DOD) ,
DFARS ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
HUBZone ,
Native American Issues ,
NDAA ,
OIG ,
SBA ,
Small Business
SMALL BUSINESS PROGRAMS & ADVISORY SERVICES -
CLIENT ALERT: SBA to Increase Size Standards with Inflationary Adjustment, July 17, 2019 -
On July 18, 2019, SBA issued an interim final rule increasing the receipts-based...more
7/24/2019
/ Acquisitions ,
CPARS ,
Cybersecurity ,
Data Collection ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DFARS ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Mergers ,
Pay Data ,
SBA ,
Trump Administration
As I am sure many of you know and have read about already, the first False Claims Act (“FCA”) case, US. Ex rel. Markus v. AeroJet Rocketdyne Holdings, Inc., et. al., No. 2:15-cv-2245, has been filed in the Eastern District of...more
DEPARTMENT OF DEFENSE -
Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts -
The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition...more
5/7/2018
/ Audits ,
Bid Protests ,
Cyber Threats ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Liquidated Damages ,
NASA ,
Paid Sick Leave Act ,
SBA ,
Small Business ,
Subcontractors ,
Verification Requirements
The topics in the Legal Advisor focus primarily on corporate and business matters, federal contracting, employment law, intellectual property and electronic commerce. We encourage our readers to communicate their views to us...more
Having just presented on data rights issues to a number of government contracting officers and procurement professionals, as well as private sector contract management personnel, during the 2017 National Contract Management...more
In the IT sector, it is common for contractors with relationships to various federal agencies to have top-tier talent in-house to provide high quality IT services. Some vendors even have programmers and software engineers...more
This article is the third installment in a series on Data Rights in Federal Contracts. We first wrote about what data rights were; then about technical data and how to protect it; and now we will discuss ownership, license...more