Weekly Update for Government Contractors and Commercial Businesses – October 31, 2024
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . Podcasts: Listen to PilieroMazza’s podcasts GovCon Live! here and Clocking in with PilieroMazza here . REAS, CLAIMS, AND APPEALS Overcoming the Sovereign Acts Doctrine: Contractor Recovers Costs Related to COVID-19 Quarantine, PilieroMazza Blog, Lauren Brier As we know, in the almost five years since the COVID-19 pandemic began, courts have been reluctant to award costs to . . . Read More
Overcoming the Sovereign Acts Doctrine: Contractor Recovers Costs Related to COVID-19 Quarantine
As we know, in the almost five years since the COVID-19 pandemic began, courts have been reluctant to award costs to contractors affected by COVID-19, government-imposed safety regulations. However, in Chugach Federal Solutions, Inc. [1] , the Armed Services Board of Contract Appeals (ASBCA) sustained an appeal, granting costs related to the quarantine of personnel resulting from the pandemic since the U.S. Air Force assumed responsibility for such costs under a health and safety contract clause. For government contractors filing COVID-related . . . Read More
What DOD’s Proposed Changes to its Prototype OT (Other Transaction) Agreements Regulations Mean for Defense Contractors
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 OTs and follow-on production OTs and contracts. [2] Although Congress made several updates to 10 U.S.C. § 4022 over the years, DOD did not update its OT regulations since 2004. Below, PilieroMazza’s GovCon attorneys highlight some key changes to DOD’s prototype project OT regulations and their potential impacts on government contractors . . . Read More
Win or Lose: Using CMMC 2.0 Proposed Rule to Position Yourself for DOD Contracts
The article “Win or Lose: Using CMMC 2.0 Proposed Rule to Position Yourself for DOD Contracts” was republished in Cyber Defense Magazine‘s October 2024 issue. Please visit this link to access the article on pages 41-45.
Weekly Update for Government Contractors and Commercial Businesses – October 24, 2024
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . Podcasts: Listen to PilieroMazza’s podcasts GovCon Live! here and Clocking in with PilieroMazza here . BUSINESS & TRANSACTIONS / GOVERNMENT CONTRACTS Corporate Transparency Act, Part 2: Exempt Status, Physical Office, Dissolved and Tribal Entities, and Beneficial Ownership Information, PilieroMazza Client Alert, Meghan F. Leemon , Abigail “Abby” L. Baker , Cole R. Fox The Corporate Transparency Act (CTA), which came into effect on January 1, 2024, has significant . . . Read More
Corporate Transparency Act, Part 2: Exempt Status, Physical Office, Dissolved and Tribal Entities, and Beneficial Ownership Information
The Corporate Transparency Act (CTA), which came into effect on January 1, 2024, has significant implications for government contractors, tribal entities, and commercial businesses. If you formed an entity before January 1, 2024, and are not subject to one of the exemptions, you must file your initial Beneficial Ownership Information Report (BOIR) no later than January 1, 2025. If you formed an entity on or after January 1, 2024, and are not subject to one of the exemptions, you must . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – October 17, 2024
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . Podcasts: Listen to PilieroMazza’s podcasts GovCon Live! here and Clocking in with PilieroMazza here . LABOR & EMPLOYMENT Office of Personnel Management (OPM) Proposed Rule: Prevailing Rate Systems, Change in Criteria for Defining Appropriated Fund Federal Wage System (FWS) Wage Areas On October 11, OPM published a proposed rule and request for comments . . . Read More
Florida Federal Court Strikes Major Blow to FCA Whistleblowers
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Weekly Update for Government Contractors and Commercial Businesses – October 10, 2024
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . Podcasts: Listen to PilieroMazza’s podcasts GovCon Live! here and Clocking in with PilieroMazza here . GOVERNMENT CONTRACTS Discretionary Discussions: Federal Circuit Undercuts DFARS Presumption of Discussions and Maybe More, PilieroMazza Attorney Article, Eric Valle PilieroMazza’s Eric Valle was a guest author for The Nash & Cibinic Report where he published the article “Discretionary Discussions: Federal Circuit . . . Read More
Florida Federal Court Strikes Major Blow to FCA Whistleblowers: Key Takeaways for FCA Defendants
In a prior blog , PilieroMazza discussed the Supreme Court’s decision in United States ex rel. Polansky v. Executive Health Resources, Inc. In that case, in his dissenting opinion, Justice Clarence Thomas referred to the qui tam provisions of the False Claims Act (FCA) as operating in “something of a constitutional twilight zone” and called into question whether relators have standing to pursue qui tam actions where the government declines to intervene in the litigation. Specifically, Justice Thomas opined that “Congress . . . Read More