Last week, on May 7, 2019, the U.S. Department of Justice (“DOJ”) announced the issuance of formal guidance to clarify the manner in which the DOJ allocates credit to defendants who cooperate with government investigations in False Claims Act (“FCA”) matters. In a press release from the Office of Public Affairs, the DOJ explained that it “has taken important steps to incentivize companies to voluntarily disclose misconduct and cooperate with [DOJ] investigations[.]” Specifically with regard to the FCA, the DOJ . . . Read More
Presented by Sarah Nash and Dave Shafer Click here to view the recorded session. Attracting and retaining talent is a key challenge for many businesses in this current economic cycle where low unemployment and access to cleared employees is a common challenge. In this webinar, focuses on achieving business goals through attracting, incentivizing, and managing employees. The presenters reviewed the various options available to companies with differing corporate structures, at different stages of growth, and with differing objectives. They also discussed how . . . Read More
A few years ago, we wrote about how through the 2015 NDAA, Congress directed SBA to end self-certification for WOSBs and EDWOSBs and implement a certification process. On May 14, 2019, SBA issued the proposed rule which, if finalized, would implement a certification requirement for WOSBs and EDWOSBs. In this proposed rule, SBA has also proposed revising the economic disadvantage criteria for 8(a) companies, particularly for initial eligibility purposes, and to make these consistent between the 8(a) and EDWOSB programs. WOSB/EDWOSB . . . Read More
SDVOSBs participating in the VA’s Veterans First Contracting Program are required to maintain a Vendor Information Page (“VIP”) profile which contains a significant amount of information about the company, such as ownership structure, financial data, and capabilities. Making sure this information is current and accurate is critical to your verified SDVOSB status, as a recent OHA decision demonstrates. In CVE Appeal of Supreme Cleaning, Inc., SBA No. CVE-114 (2019), the appellant, Supreme Cleaning, Inc. (“Supreme Cleaning”), appealed the VA Center for . . . Read More
WASHINGTON, DC, MAY 13, 2019: PilieroMazza is pleased to announce the addition of Patrick Burns as an Associate in the firm’s Litigation Group and Francis Massaro as an Associate in the firm’s Business & Transactions Law Group . Patrick Burns has successfully represented commercial businesses in a variety of litigation matters, in both state and federal courts, involving a diverse range of issues, such as employment, wage and hour disputes, defamation, corporate defense litigation, class action defense, and contract disputes. Adept at handling matters through . . . Read More
If you have questions concerning the content below, please visit this link . GOVERNMENT CONTRACTING Department of Justice – The DOJ released guidance on how the targets of False Claims Act investigations can receive leniency in exchange for proactively disclosing misconduct. The guidance also explained how the DOJ awards credit to defendants who cooperate with investigations. Department of Energy – The DOE released an acquisition letter to communicate revisions to contractual requirements related . . . Read More
Recently, a large engineering firm retained PilieroMazza to assist the firm in acquiring a small government contractor. Acquisitions of government contractors present unique challenges, including recertification requirements and novation. Attorneys in the firm’s Government Contracts practice group guided the client on these nuances, including assisting the company with the novation process – a complex and (normally) time-consuming process in which a government contractor seeks the government’s approval of the transfer of its assets associated with a government contract. PilieroMazza’s Timothy Valley, . . . Read More
“It was the best of times, it was the worst of times . . . .” Charles Dickens was not thinking of the False Claims Act when he wrote “A Tale of Two Cities,” but the First Circuit Court of Appeals was when it decided United States ex rel. McGuire v. Millenium Laboratories, Inc.earlier this week. With the decision, a three judge panel of that Court moved over $34 million in relator fees from one whistleblower to another, highlighting the risks—for both . . . Read More
GOVERNMENT CONTRACTING The Department of Defense issued a final rule amending the Defense Federal Acquisition Regulation Supplement to implement section 2804 of the National Defense Authorization Act for Fiscal Year 2019, which increased the threshold for small business set-asides of acquisitions for architect-engineer services, including construction design, in connection with military construction projects or military family housing projects, to $1 million. The final rule became effective on April 30, 2019. 84 Fed. Reg. 83, 18160 . The Department of Energy’s (DOE) Office of Hearing and . . . Read More
Published by WestLaw Journal for Government Contracts: In a relatively recent decision, the U. S. Court of Appeals for the Fourth Circuit raised the bar a notch for whistleblowers in False Claim Act (“FCA”) cases whose allegations lack specificity as to direct evidence of presentment for payment to the government for fraudulent services.
