Our Comments in Response to the GAO’s Proposed Rule Regarding Electronic Filing System and Filing Fee

Publications, Comments 05.17.16

Read our full comments here Excerpts Filing Fee The new rule envisions imposing a filing fee of $350 on protesters. We respectfully request that an exception to the fee be created for small businesses, as defined under the Small Business Act, in order to mitigate against the burden of this requirement. Redactions  While we concur with the creation of a rule providing for a redaction process, we respectfully request that the rule allow the parties to opt out of creating redacted versions of protest documents . . . Read More

The Weekly Update for May 13, 2016

Publications, The Weekly Update 05.13.16

GOVERNMENT CONTRACTS DFARS: Multiyear Contract Requirements Administrative Cost to Issue and Administer a Contract DEPARTMENT OF LABOR Combating Trafficking in Persons – Definition of ‘‘Recruitment Fees’’ Improving Tracking of Workplace Injuries and Illnesses This week’s report follows,  click here if you would like to download a copy . GOVERNMENT CONTRACTS DFARS: Multiyear Contract Requirements DOD issued a final rule amending the Defense Federal Acquisition Regulation Supplement to implement a section of the National Defense Authorization Act for Fiscal Year 2015 and a section of the Department of Defense Appropriations Act, 2015, which addresses various requirements . . . Read More

Eight Principles You Should Know When Negotiating Your Teaming Agreement

Blog 05.13.16

By Michelle Litteken As the saying goes, “two heads are better than one.”  This statement often applies to government contracting, where contractors frequently work together in joint ventures or prime and subcontractor teams to bid on and perform contracts. Teaming with another contractor may help a contractor enter new markets, support new customers, and develop a deeper past performance record. And, teaming with a participant of one of the Small Business Administration’s (“SBA”) set aside programs (e.g., 8(a), HUBZone, or . . . Read More

Drafting Indemnification Provisions to Address Common Issues

Blog, Litigation & Dispute Resolution 05.13.16

By Ambi Biggs Corporate bylaws and operating agreements often contain provisions that provide for indemnification to directors, officers and in some cases employees and agents who become parties to litigation, arbitration or investigations by reason of their service with the corporation. By shifting responsibility for liability that may arise from actions taken in their roles as officers and directors from the individuals to the company, indemnification provisions can ease potential corporate officers’ minds and induce them to fill necessary roles . . . Read More

PilieroMazza sends letter to House Small Business Committee expressing concerns with SBA’s recent rule applying the nonmanufacturer rule to ITVARs

News 05.09.16

Attorneys Jon Williams and Cy Alba recently wrote a wrote a letter to the House Small Business Committee to address a new rule from the U.S. Small Business Administration that we believe is contrary to the Small Business Act, as amended by the 2016 National Defense Authorization Act. This new rule also unfairly and unnecessarily increases the regulatory burden for small businesses in the information technology value-added reseller (“lTVAR”) industry. We have heard from many small businesses and have talked with agency procuring officials who . . . Read More

U.S. Supreme Court Hears Oral Argument on Implied Certification Theory of the False Claims Act

Blog 05.06.16

By: Jacqueline K. Unger

We recently wrote about an important case , Universal Health Services v. United States ex rel. Escobar, up for consideration by the Supreme Court which could have a large impact on government contractor liability under the False Claims Act (“FCA”). As we previously explained, the FCA establishes liability for anyone who knowingly presents a “false or fraudulent claim” for payment. 31 U.S.C. § 3729. The false certification theory of liability under the FCA, at issue in the case before the Supreme Court, involves a legally false claim where . . . Read More

OHA Says Mentor-Protégé Affiliation Exemption Does NOT Excuse Program-Specific Requirements for SDVOSB Joint Ventures

Blog 05.04.16

SBA’s Office of Hearings and Appeals recently issued a surprising decision finding that the mentor-protégé affiliation exemption does not excuse program-specific requirements for SDVOSB joint ventures. OHA agreed with SBA’s Office of Government Contracting in finding that an SDVOSB joint venture was ineligible because one of the joint venture partners was a large business. The two joint venture partners were approved as mentor and protégé under SBA’s 8(a) Program. They thought they qualified as a small business for the SDVOSB procurement because . . . Read More