Whenever parties enter into negotiations to buy and sell a target company, one of the first points of discussion is the purchase price. In particular, the purchase price discussion often reflects the amount of cash that will be paid by the buyer to the seller at closing, and, in fact, nearly all acquisitions involve cash as all or part of the purchase price consideration. However, a cash payment at closing is not the only type of consideration that is common . . . Read More
After nine years representing the federal government, PilieroMazza is pleased to announce the addition of Justin Haselden as an associate in the Firm’s Government Contracts and Litigation & Dispute Resolution practice groups. Commenting on Mr. Haselden’s arrival, Practice Group Chair Tony Franco said, “Justin’s in-agency experience, combined with his private practice, provides a 360-degree view of federal procurements and agency decision-making that will be invaluable to our clients. We couldn’t be more pleased to have him join our team.” Mr. Haselden brings significant experience in handling government contract matters, . . . Read More
If you are an 8(a) contractor, you may have received a notification from your Business Opportunity Specialist regarding a voluntary suspension due to the March 13, 2020 declaration of a national emergency concerning the COVID-19 outbreak. Covered below are considerations for 8(a) government contractors before they decide to suspend or not to suspend their participation in the 8(a) program. SBA regulations provide a process by which 8(a) contractors may voluntarily elect to suspend their participation in the 8(a) program for . . . Read More
If you have questions concerning the content below, please visit this link . CLIENT ALERT: FAR Council Changes Rules Regarding Small Business Rerepresentation / Recertification and Multiple Award Contracts, March 3, 2020, Sam Finnerty On February 27, 2020, the FAR Council published a final rule that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. Although these “new” rules have been reflected in SBA regulations for some time, their addition to the FAR is significant . . . Read More
“I’m sure there are many manufacturers who have just seen their products become TAA-compliant overnight . . .,” said Jon Williams , commenting on the U.S. Court of Appeals for the Federal Circuit’s February 10th ruling in Acetris Health, LLC v. United States. The court held that a U.S.-manufactured drug from Acetris was compliant with the Trade Agreements Act (TAA), despite Acetris sourcing an active pharmaceutical ingredient for the drug from a non-designated country under the TAA. This indicates that pharmaceutical companies should . . . Read More
Jon Williams was recently published in Federal News Network with an article on a flawed insourcing strategy by the VA for critical medical devices. In February 2019, Jon wrote in Federal News Network about the VA’s plans to insource the warehousing and distribution of continuous positive airway pressure (CPAP) devices and related supplies that are used to treat a rapidly-growing number of veterans with respiratory disabilities. While VA’s goal to improve veteran healthcare in sleep therapy is laudable, Jon wrote about why . . . Read More
With the spread of COVID-19, businesses all over the world have seen their operations affected and their cash flow and production decreased, putting them at risk for potential default on their credit obligations. The prediction is that the global economy will enter into a recession, which will continue to affect the financial situation of millions of businesses. All businesses should consider the available options to remedy any borrowing deficits in light of specific circumstances. When providing financing for business enterprises . . . Read More
On February 27, 2020, the FAR Council published a final rule (Rule) that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. See 78 Fed. Reg. 61114 (Oct. 2, 2013). Although these “new” rules have been reflected in SBA regulations for some time, their addition to the FAR is significant because, as any experienced government contractor knows, procurement officials do not always follow SBA’s rules, particularly if such rules are not incorporated . . . Read More
As the potential spread of coronavirus disease 2019 (COVID-19) in the United States becomes a very real possibility, employers should prepare to address the condition and concerns in the workplace. The Center for Disease Control and Prevention and the Occupational Safety and Health Administration recently issued guidance on steps to mitigate the spread of COVID-19. In light of this guidance, employers should consider implementing certain policies and procedures to continue to ensure a safe and healthy workplace. The policy can . . . Read More
On January 2, 2020, the Bureau of Indian Affairs (BIA) issued a proposed rule to create a new 25 Code of Federal Regulations (CFR) part 82 that would establish procedures for a non-federally recognized Alaska Native entity to be acknowledged as an Indian tribe by the federal government. This regulation is the first to establish a process for Alaska Native entities to be federally recognized as a tribe since the Alaska Amendment of the Indian Reorganization Act (IRA) was enacted in 1936. . . . Read More
