BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: Pre-Transaction Part 1 of a 3-Part Series
M&A transactions involving government contractors carry several regulatory and industry-specific considerations that can materially impact all aspects of the deal—from high-level structuring considerations to risk allocation for compliance issues to additional administrative checklist items. If neglected or overlooked, they can result in major headaches. This three-part series outlines certain key issues to consider before, during, and after transactions involving government contractors. Pre-Transaction: Novation The Anti-Assignment Act (41 U.S.C. § 6305) generally prohibits companies from selling government contracts. However, the Federal . . . Read More
BLOG: The HIPAApotomas in the Room: Signs You May Be a Covered Entity Under This Hefty Healthcare Law
The Health Insurance Portability and Accountability Act (HIPAA) establishes certain minimum requirements for the protection of patient health information. So, for example, restrictions on how your doctor keeps electronically stored medical records, and the specific circumstances under which they can disclose that information to a third party, are governed by HIPAA. Unknown to many businesses, however, are HIPAA requirements that often extend beyond a doctor’s office, and can hold a number of other entities accountable (including imposing stiff monetary penalties) . . . Read More
GUEST BLOG: 5 Mistakes Companies Make on Proposals
Guest Blogger: Reena Bhatia , ProposalHelper Contributors: Robert Tucker, ProposalHelper and Meryl Angelicola, ProposalHelper Less than a decade ago, the ratio of contracts to proposals was 1:4. The ratio is now around 1:27. With stakes this high and increasingly limited access to government stakeholders for any real capture, here is a list of five common mistakes government contractors should avoid on proposals. Proposal Library Pastes We understand the adage “don’t reinvent the wheel.” But every proposal is built on a specific bid strategy, . . . Read More
Column: The Implications of SBA’s Proposed Rule Changes for Tribally Owned 8(a) Businesses- Peter Ford and Emily Rouleau, Set-Aside Alert
BLOG: Employers: Is Your FMLA Policy DOL Compliant?
The Family Medical Leave Act (FMLA) requires employers with the requisite number of employees to provide up to 12 weeks of leave to employees experiencing a qualifying event. Regulations implementing the FMLA require that employers display a poster in a prominent location that summarizes major FMLA provisions and explains how to file a complaint. The regulations also require an employer with eligible employees to provide a general notice to employees in a handbook or other policy document. The general notice . . . Read More
Unique Considerations for Transactions Involving Government Contractors
M&A transactions involving government contractors carry several regulatory and industry-specific considerations that can materially impact all aspects of the deal—from high-level structuring considerations to risk allocation for compliance issues to additional administrative checklist items. If neglected or overlooked, they can result in major headaches. This article outlines certain key issues that practitioners should consider in transactions involving government contractors. For the full article, please see the attached at pages 25-26.
PilieroMazza Drafts Comments to RIN 3245-AG94, Proposed Rule on the Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments
Comments to the Small Business Administration’s (SBA) proposed rule are due on February 7th. In its role as advocate to small businesses operating in the government contracting arena, PilieroMazza prepared draft comments to the proposed rule. SBA and PilieroMazza encourage you to submit comments letting SBA know which provisions you support and which may present compliance challenges for you and your company. Please contact Peter Ford at pford@pilieromazza.com to share your thoughts on our comments before the February 7th submission deadline.
BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 3 – The Ugly
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 through the “bad,” explaining how some elements may conflict with federal laws or priorities . Now we will look at the “ugly” side of open-source software and how contractors can mitigate associated risks. The Ugly So what is the “ugly” side of open-source code? In a word: malware. Given that neither the government nor the contractor control the . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – January 29, 2020
If you have questions concerning the content below, please visit this link . PilieroMazza Prepares Draft Comments to SBA Proposed Rule Comments to the Small Business Administration’s (SBA) proposed rule are due on February 7th. In its role as advocate to small businesses operating in the government contracting arena, PilieroMazza prepared draft comments to the proposed rule, which can be viewed here . SBA and PilieroMazza encourage you to submit comments letting SBA know which provisions you support and which may present compliance challenges for you and . . . Read More
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