Flow-Down Clauses in Federal Government Contracts - Tutorial 1 (Fundamentals)
Joint Venture Basics for Large and Small Contractors
Government Contractors: Preparing for OFCCP’s Affirmative Action Program Compliance Certification
Construction Webinar Series: Building Compliance: Construction Industry Concerns Under FCA
The Benefits of Commercial Item Contracting
Nonpayment of Subcontractors: Can Subcontractors Get Any Help From the Government?
Negotiating Subcontracts From Both Sides
The Trump administration, as part of its efforts to reshape the federal government, began terminating federal contracts for the convenience of the government almost immediately after coming back to town. These contract...more
Federal programs often require individuals employed by multiple corporations and by the federal government to work together. To ensure the project is successful, the prime contract and any related subcontract will often grant...more
Federal contracts famously include a clause permitting the government to terminate the agreement for the government's own "convenience"—even if the contractor did not default on its performance obligations. Aware of this...more
The Department of Defense (DoD) published a Final Rule earlier this month formally implementing the Cybersecurity Maturity Model Certification (CMMC) Program. This Final Rule is the culmination of five years of work to...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
On October 15, 2024, the Department of Defense (“DoD”) published the final version of its rule implementing the Cybersecurity Maturity Model Certification (“CMMC”) Program under Title 32 of the Code of Federal Regulations...more
We have actively monitored the drum beat of bid protest decisions addressing lapses in an offeror’s System for Award Management (SAM.gov or SAM) registration and their impact on an offeror’s eligibility for award. More recent...more
Cybersecurity Maturity Model Certification (CMMC) is coming — and now appears to be coming faster than many defense contractors believed. In the latest signal of CMMC’s forward momentum, the Department of Defense (DoD) issued...more
The U.S. Department of Defense (DOD) issued the proposed Defense Federal Acquisition Regulation Supplement (DFARS) rules that will implement the Cybersecurity Maturity Model Certification (CMMC) program. These rules, which...more
A mechanic’s lien filing creates an immediate cloud on title causing substantial impacts to owners of real property and other parties to a construction contract. Frequently, owners or prime contractors may be required to...more
The Small Business Administration (SBA) will eliminate self-certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) starting October 1, 2024. The SBA confirmed on August 1, 2024, that it would go forward...more
A recent decision from the Court of Appeals of Virginia may have companies doublechecking the workshare terms in their subcontracts. The Court held that a subcontractor's 40 percent workshare only applied to the $70 million...more
On Monday, June 24, 2024, a federal judge for the US District Court for the Northern District of Texas (the Court) instituted a nationwide injunction on the enforcement of portions of the US Department of Labor’s (DOL) 2023...more
In Percipient.ai v. United States, the US Court of Appeals for the Federal Circuit may have triggered a legal “Big Bang” moment in government procurement law. The case centered on whether the Federal Acquisition Streamlining...more
The U.S. Court of Appeals for the Federal Circuit narrowly interprets the Federal Acquisition Streamlining Act’s bar on task order protests at the U.S. Court of Federal Claims, expanding the court’s bid protest jurisdiction. ...more
On June 6, the Small Business Administration (SBA) issued a final rule that, effective August 5, 2024, implements a provision of the National Defense Authorization Act for Fiscal Year 2024 (2024 NDAA), which eliminates the...more
The U.S. Small Business Administration (SBA) on June 6, 2024, published a Final Rule (the Rule) to eliminate self-certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) whose federal government contracts...more
The Small Business Administration has issued a direct final rule requiring that Service-Disabled Veteran-Owned Small Businesses be certified by its VetCert program in order for agencies and prime contractors to receive credit...more
U.S. Attorney Nikolas P. Kerest recently highlighted the severity of fraud by government contractors and subcontractors, emphasizing the importance of upholding the integrity of government procurement programs. These remarks...more
WHAT: In Percipient.ai, Inc. v. United States, a split panel of the U.S. Court of Appeals for the Federal Circuit held that the Federal Acquisition Streamlining Act (FASA) “task order bar” does not apply to claims that an...more
When hackers gain access to a subcontractor’s information systems and divert the prime contractor’s payment to themselves instead of to the subcontractor, does the prime contractor still have to pay the subcontractor?...more
In the second installment of our three-part webinar series, join PilieroMazza’s Matt Feinberg, Jessica duHoffmann, and Sarah Nash as they explore common FCA triggers often encountered by federal construction contractors and...more
Many solicitations for government contracts provide prospective contractors with the opportunity to ask questions. In some instances, the government’s answers to those questions create additional questions. When that’s the...more
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has been heavily focused on construction projects since 2020. On Thursday, April 25th, OFCCP designated 16 federally funded construction...more
The Department of Transportation (DOT) recently published a final rule making significant changes to the agency’s Disadvantaged Business Enterprise (DBE) Program which take effect on May 9. The rule aims to improve the...more