Click here to view the recorded session. The False Claims Act remains an effective enforcement tool for the Justice Department, obtaining judgments over $10 Billion in the last three fiscal years combined. While the FCA remains the primary vehicle for the government to recover funds obtained by fraud or a material misrepresentation, what trends and mitigation strategies should government contractors know now to better prepare for FCA enforcement in the future? Join Matt Feinberg and Jackie Unger —attorneys from PilieroMazza’s False Claims Act and Audits & Investigation teams —reveal key takeaways from . . . Read More
GAO’s recent decision in Marathon Medical Corporation provides a cautionary tale for government contractors seeking to protest the terms by which an agency conducts a procurement. Specifically, Marathon reinforces a little-known rule: the Government Accountability Office considers an agency’s receipt of proposals to be adverse agency action in response to an agency level protest challenging the terms of a solicitation, and the ten-day rule for filing a subsequent protest at GAO begins running from the date on which the agency . . . Read More
On January 25, 2024, the White House Office of Management and Budget issued a memo, Increasing Small Business Participation on Multiple-Award Contracts, calling for executive agencies to apply the FAR’s Rule of Two to task and delivery orders competed under multiple-award contracts. Contractors should take note that this change has the potential to significantly increase the number of small business set-asides, and in turn, it could mean millions more dollars in contract opportunities for small businesses. In this blog, we . . . Read More
Click here to view the recorded session. Bid protests play a crucial role in the federal procurement process. Whether you’re submitting a proposal, filing a protest, or defending your contract award, bid protest rulings can influence not just your current contract but also future outcomes and the broader award process. Decisions made in 2023 are no different. They have ramifications that extend beyond 2023, affecting aspects like submission deadlines and the burden of proof for protesters. 2023 decisions illustrate important considerations . . . Read More
Click here to view the recorded session. On December 14, 2023, the Department of Labor published a Final Rule implementing Executive Order 14055, Nondisplacement of Qualified Workers Under Service Contracts, effective February 12, 2024. The rule establishes that when a service contract with the government expires and a follow-on contract is awarded, the successor contractor or subcontractor hires or offers the right of first refusal to the predecessor’s employees, preventing disruptions in federal services. The Final Rule contains a number of . . . Read More
Click here to view the recorded session. In an era where digital threats are ever-evolving, ensuring the security of sensitive government data is paramount, especially for government contractors working on defense contracts. Join PilieroMazza’s Cy Alba and Daniel Figuenick for an insightful webinar exploring the unique challenges facing government contractors in safeguarding crucial data assets. You’ll learn valuable insights into the latest cybersecurity compliance requirements, helping to improve your ability to compete for contracts, as well as avoid contract termination and False Claims Act liability. . . . Read More
A contractor’s claims against the government for constructive acceleration and delays are governed, in part, by the applicable clauses of the Federal Acquisition Regulations (FAR) incorporated into its contract with the government. Whereas a subcontractor’s claims against a contractor for constructive acceleration and delays are governed, in part, by which FAR clauses are incorporated into its subcontract. Prime contractors and subcontractors on federal projects should be aware of the importance of understanding flow-down provisions in subcontracts and how they can . . . Read More
On September 29, 2023, the Civilian Board of Contract Appeals (CBCA) ruled that a federal contractor could not collect damages from the U.S. Marshals Service (USMS). The contractor’s claim, asserting that it was being sued by former employees as a result of government action, was rejected by the CBCA. The CBCA’s decision in Inter-Con Security Systems, Inc. v. U.S. Dept. of Justice, CBCA No. 6995, suggests that when government action is justified by contract language, a lawsuit filed by a former . . . Read More
PilieroMazza was honored with the “ Business Partner of the Year ” award which was presented by the Montgomery County Chamber of Commerce on November 9, 2023. The award recognizes PilieroMazza for consistently demonstrating a deep understanding of the unique challenges facing government contractors and for providing invaluable legal advice and counsel to clients ranging from emerging startups to established corporations. The firm’s commitment to education, advocacy, and client success positions it as a trusted partner to the business community. Please visit this link for a video presentation of . . . Read More
Substantive cybersecurity amendments to the Federal Acquisition Regulation (FAR) are underway, significantly altering the duties and obligations of federal government contractors both prior to award and during contract performance. The FAR Council issued an Interim Final Rule implementing Section 202 of the Federal Acquisition Supply Chain Security Act of 2018 (FASCSA) [1] , as well as a 2021 Final Rule ( Final Rule ) granting the Federal Acquisition Security Council (FASC) authority to issue orders excluding or removing goods or services from the supply chain that . . . Read More
