Overcoming the Inflation Crisis: The Ins-and-Outs of Extraordinary Contractual Relief for Government Contractors
An all-but-forgotten remedy in government contracting, Extraordinary Contractual Relief (ECR) , is in the midst of a potential resurgence due to the Department of Defense’s (DOD) most recent memorandum on inflation entitled Managing the Effects of Inflation with Existing Contracts . As PilieroMazza previously discussed , the current inflation crisis prompted DOD to suggest that, subject to the availability of funds, contractors should seek ECR when seeking an upward adjustment to the price of an existing firm-fixed-price contract. If you are a government contractor impacted by inflation while performing a contract, see below for the ins‑and‑outs . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – October 13, 2022
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 . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here . LITIGATION & DISPUTE RESOLUTION PilieroMazza Litigator Matt Feinberg Earns $3.5 Million Verdict in Jury Trial Alleging Misappropriation of Company Profits, 10.11.22, Matt Feinberg On September 29, 2022, after four days of trial proceedings, the U.S. District Court . . . Read More
Disloyal Employees: Disgorgement Offers Employers Some Reprieve
In many states, employees owe a duty of loyalty to their employer as long as they remain on the employer’s payroll. In other words, employees must generally act in the best interests of their employer—and not solely for their own self-interest—throughout the course of their employment. This is particularly the case for employees serving in management- or supervisory-level roles or where the employee has access to the employer’s confidential information, trade secrets, or “secret sauce.” But what can an employer . . . Read More
PilieroMazza Litigator Matt Feinberg Earns $3.5 Million Verdict in Jury Trial Alleging Misappropriation of Company Profits
On September 29, 2022, after four days of trial proceedings, the U.S. District Court for the District of South Carolina entered a judgment on a jury verdict totaling $3,496,995 on behalf of PilieroMazza ’s client, a government contractor providing construction management services for federal customers (Prime Contractor). Led by trial counsel Matt Feinberg , the jury verdict was the culmination of four years of complex, painstaking work by attorneys in the Firm’s Litigation & Dispute Resolution , Labor & Employment , and Government Contracts practice groups. Commenting on the verdict, Matt stated: . . . Read More
DOD Releases New List of Section 889 Banned Entities
On October 5, 2022, the Department of Defense (DOD), in compliance with Section 889 of the National Defense Authorization Act for Fiscal Year 2019, released an updated list (Blacklist) of banned People’s Republic of China (China) military companies. PilieroMazza recently wrote about Part B of Section 889 taking full effect for DOD contractors on October 1, 2022. Section 889 is a broad prohibition to the use of any covered Chinese technology posing a threat to U.S. cybersecurity and national security. Section 889 . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – October 5, 2022
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 . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here . BUSINESS & TRANSACTIONS Abigail “Abby” Baker Becomes Chair of PilieroMazza’s Business & Transactions Group, 10.03.22 PilieroMazza —a business law firm serving government contractors and commercial businesses—announces the arrival of partner Abigail “Abby” Baker , who will lead the . . . Read More
SBA Proposes Revisions to Bona Fide Place of Business Requirements for 8(a) Construction Contracts
The bona fide place of business requirement provides that for 8(a) construction contracts, the contractor must have an SBA-approved bona fide place of business in the applicable geographical area. Since August 25, 2021, and as PilieroMazza reported , SBA placed a moratorium on the bona fide place of business requirements for 8(a) construction contracts. The moratorium was extended through September 30, 2023. This client alert reviews certain proposed changes that government contractors operating in the construction sector and participating in the 8(a) . . . Read More
SBIR/STTR Programs Renewed: Compliance Requirements for Small Business Contractors
The Small Business Innovation Research (SBIR) and Small Business Technology Transfer (SSTR) Extension Act of 2022 was enacted into law on September 30. The Act reauthorizes the SBIR/STTR programs until 2025. The reauthorization is both crucial for current participants, and aspiring small businesses wishing to conduct government-funded research and development (R&D). Small businesses currently participating, or considering submitting a proposal under either program, must be aware of the new program changes, their effective dates, and the potential consequences of noncompliance. . . . Read More
Impact of SBA Proposals on Federal Subcontracting
As PilieroMazza recently noted , SBA released a major proposed rulemaking that will impact government contractors. The proposed rule is focused on SBA’s 8(a) Program (see our client alert highlighting those proposed changes here ), but it also impacts the rules for subcontracting on federal projects. This client alert provides contractors with an overview of SBA’s proposals related to the limitations on subcontracting, subcontractor affiliation, and subcontracting plans. Limitations on Subcontracting (LOS) SBA’s rules currently provide that the period of time used to determine . . . Read More
Abigail “Abby” Baker Becomes Chair of PilieroMazza’s Business & Transactions Group
PilieroMazza —a business law firm serving government contractors and commercial businesses—announces the arrival of partner Abigail “Abby” Baker , who will lead the Firm’s Business & Transactions Group as Practice Group Chair. Abby brings to PilieroMazza years of extensive experience in matters involving mergers and acquisitions, private equity, corporate finance, corporate governance, restructurings, and general corporate transactions. Clients from emerging growth private companies to publicly traded companies in a variety of industries, including government contracting, will benefit from Abby’s counsel. Managing Partner, Tony Franco , said: “As PilieroMazza grows, it’s . . . Read More