BLOG: 4 Issues That Defined the False Claims Act in 2019
As I wrote two weeks ago, the Department of Justice (DOJ) recently released its annual fiscal year statistics on False Claims Act (FCA) and fraud matters. The report shows Fiscal Year 2019 was another big year for the FCA, as the number of new matters initiated and the amount of monetary recoveries obtained both increased over the previous year. 2019 also brought important FCA decisions from federal courts, including the Supreme Court; potential new avenues for FCA liability; and formal announcements from DOJ. These . . . Read More
BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 2 – The Bad
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, the reality is certainly more mixed. Faced with changing and technical regulations, government contractors need to know the major drawbacks of using open-source code in government contracts. In this second entry to our open-source series, we explore “the bad” impacts of open-source use in government contracting. . . . Read More
BLOG: Top Priorities from SBA Administrator Jovita Carranza
On January 7, 2020, the Senate confirmed U.S. Treasurer Jovita Carranza as the 26th Administrator of the Small Business Administration (SBA). During her testimony before the Senate Committee on Small Business and Entrepreneurship, Carranza listed a number of priorities she will bring to her role at SBA. Below are notable priorities that may impact small businesses and/or government contractors. Provide Better Resources to Small Businesses in Disadvantaged Communities Carranza mentioned that connecting small businesses from disadvantaged communities with SBA support . . . Read More
BLOG: DoD’s Upcoming Cybersecurity Maturity Model Certification (CMMC): Still on Target?
PilieroMazza has been blogging a lot over the past year about the Department of Defense’s (DoD) highly anticipated CMMC. And there has been a lot to say, from the early stages of CMMC as a new “overarching standard,” to its first public draft release, through its first major streamlining, and finally to its latest public draft release in early December 2019. The pace of developments is expected to increase in 2020 as DoD releases a compliance checklist, finalizes the certification standards, and . . . Read More
BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 1 – The Good
Open-source code is all the rage. With developers at Fortune 500 companies and hobbyists alike using it to make better products and cut development costs, it is ubiquitous in the commercial market, and government contractors are catching the buzz. Faced with ever-evolving software regulations, though, they need facts before dealing with a federal buyer. In this short blog series, we will walk through the key benefits, drawbacks, and risks associated with the use of open-source code in government contracting, especially . . . Read More
BLOG: Government Agencies Release 2020 Regulatory Agendas
As 2019 comes to a close, the government is setting its short- and long-term goals for 2020. On December 26, 2019, a number of federal agencies released their regulatory agendas for the upcoming year, including the Department of Defense (DoD), the Small Business Administration (SBA), and the Federal Acquisition Regulation (FAR) Council (which consists of DoD, the National Aeronautics and Space Administration (NASA), and the General Services Administration (GSA)). Many regulatory agenda items could impact government contractors and small businesses, . . . Read More
BLOG: Cybersecurity Maturity Model Certification (CMMC): The Final Countdown
PilieroMazza recently wrote about the Department of Defense’s (DoD) release of revision (rev.) 0.6 of its Cybersecurity Maturity Model Certification (CMMC), which only addressed certification Levels 1–3. DoD has now released rev. 0.7. All DoD contractors will be required to obtain CMMC certification in the coming months to show their IT systems’ capabilities with respect to protecting DoD sensitive information. Rev. 0.7 gives updates at all Levels. Additionally, rev. 0.7 contains new discussion and clarifications for Levels 1–3 and for the application . . . Read More
BLOG: Performance Anxiety: Five Questions from Government Contractors on Past Performance
A government contractor’s past performance can spell the difference between proposal rejection and contract award, and agencies are given broad discretion in how they evaluate past performance. It is critical that companies working with the federal government understand not only what steps they should take to utilize and cultivate positive past performance, but also the steps they should take to defend it. We recently gave a webinar on these topics and received several follow-up questions. Below we address the top . . . Read More
BLOG: SBA to Increase Enforcement in 2020 on Set-Asides and Subcontracting
One of the most overlooked compliance requirements for set-aside contracts are the limitations on subcontracting. Don’t take my word for it—GAO has noted in several reports that contracting officers generally do not monitor or enforce the requirement that the small business prime contractor must self-perform a certain percentage of the contract. The limitations on subcontracting requirements are critical to the efficacy of the small business programs. Indeed, the goals of the programs are not served if small businesses do not . . . Read More
BLOG: OFCCP Releases Technical Assistance Guide for Construction Contractors
In keeping with its commitment to offer more technical guidance for government contractors across all industries, the Office of Federal Contract Compliance Programs (OFCCP) recently published its Technical Assistance Guide (the Guide) for construction contractors. The OFCCP released the Guide as a self-assessment tool to help contractors review the equal employment opportunity practices they have in place. Using this tool, and fixing issues it might reveal, may help construction contractors avoid potential investigation and interruption to their business operations. For . . . Read More