Jury Convicts Former NASA Subcontractor of Fraud: A Warning Regarding Wire Fraud for Government Contractors
In the government contracting sphere, being able to qualify for one or more of the U.S. Small Business Administration’s (SBA) small business set-aside programs or self-certify as a small business can help open doors to new contracting opportunities for companies without having to compete against billion-dollar businesses. But making a false certification of size or status to participate in these programs or bid on set-aside contracts can cause problems for your business and may even lead to criminal liability. A . . . Read More
PilieroMazza’s Jon Williams and Katie Burrows Examine Advantages and Pitfalls of Mentor-Protégé Joint Ventures in The Government Contractor
PilieroMazza ’s Jon Williams and Katie Burrows , partners in the Firm’s Government Contracts Group , co-authored the article “Joint Adventures – Mentor-Protégé Joint Ventures Offer Significant Advantages and Potential Pitfalls for Federal Contractors” in the most recent issue of The Government Contractor. To view the full article, please visit this link . In an excerpt from the article, the authors state: “MP JVs are a very popular and increasingly necessary tool for small and larger contractors to compete for set-aside contracts. When set up and evaluated correctly, the . . . Read More
Litigation Commentary & Review: Matt Feinberg Examines Important Considerations in PPP Loan Civil Litigation
PilieroMazza’s Matt Feinberg , Chair of the Firm’s Litigation & Dispute Resolution and False Claims Act practice groups, was recently featured in Litigation Commentary & Review for his article “The Paper Trail Saves the Day: Important Considerations in PPP Loan Civil Litigation.” The article examines how the representations and certifications required to obtain PPP loan forgiveness could potentially expose companies to liability under the civil False Claims Act (FCA) or the Financial Institutions Reform, Recovery & Enforcement Act (FIRREA). To view the full article, please visit this link . . . Read More
President Biden Issues Unprecedented COVID-19 Requirements for Private Employers and Government Contractors on National Scale
On September 9, 2021, the Biden Administration announced sweeping updates to its national strategy to combat COVID-19. The updates come less than a month after the Food and Drug Administration fully approved the Pfizer-BioNTech vaccine and as the country continues to experience a rise in COVID-19 cases. The plan, which still leaves a number of unanswered questions, including in certain cases a timeline for implementation, is available here . Below is PilieroMazza’s summary of key updates to the Biden Administration’s vaccination . . . Read More
The FAR’s Revised Limitations on Subcontracting: What You Need to Know
On August 11, 2021, the Federal Acquisition Regulatory Council (FAR Council) issued a final rule revising and standardizing the limitations on subcontracting (LOS), including the nonmanufacturer rule, that apply to small business concerns under Federal Acquisition Regulation (FAR) part 19, more closely aligning them with Small Business Administration (SBA) regulations. The final rule becomes effective today, September 10, 2021, and is summarized in more detail below. The FAR Council’s long-awaited LOS rule finally addresses major differences that had existed between SBA’s regulations . . . Read More
DOD Proposes to Amend DFARS to Implement Trump-Era Buy American Act Executive Order
The Department of Defense (DOD) issued a proposed rule on August 30, 2021, that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to align the Buy American Act (BAA) domestic content requirements in the DFARS with the recently revised requirements in the Federal Acquisition Regulation (FAR). Trump Administration Executive Order (EO) 13881, “ Maximizing Use of American-Made Goods, Products, and Materials ,” provided for significant changes to BAA requirements. The EO directed the Federal Acquisition Regulatory Council (FAR Council) to consider proposing amendments to the FAR that would provide . . . Read More
Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference
In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office (GAO) or the Court of Federal Claims (COFC), the reviewing tribunal must base its decision on the record. Many potential protesters do not realize, however, that the contents of the record can vary (often dramatically) based on the forum in which the protester chooses to file. . . . Read More
CVE’s SDVOSB and VOSB Verification to Transfer to SBA January 1, 2023
The U.S. Department of Veterans Affairs (VA) has announced that the functions of its Center for Verification and Evaluation (CVE) will be fully transferred to the U.S. Small Business Administration (SBA) on January 1, 2023. The CVE certifies service-disabled veteran-owned small businesses (SDVOSB) and veteran-owned small businesses (VOSB) to compete for set-aside and sole-source contracts under the VA’s Veterans First Contracting Program, which—with some exceptions—currently operates independently of SBA’s SDVOSB program. This transfer will eliminate the VA’s separate SDVOSB and VOSB . . . Read More
Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance More Uniform
Westlaw Today recently published an article by Sam Finnerty titled “Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance More Uniform.” The article covers a recent Civilian Agency Acquisition Council memorandum authorizing civilian agencies to issue Federal Acquisition Regulation (FAR) class deviations to adopt certain exceptions to the limitations on subcontracting requirements for small businesses. The exceptions are already specifically outlined in the Small Business Administration’s regulations, but they have not yet been added to the . . . Read More
Requests for Equitable Adjustment Versus Claims: Which Should Contractors Pursue?
Government contractors in various industries encounter increased costs and / or delays caused by the government while performing government contracts. For instance, a contractor may have increased costs in performing a contract as a result of compliance with new COVID-19 requirements imposed by the government that were not included in the original contract. Or, a construction contractor may be required by the contracting officer to perform additional work that is outside the scope of the contract. Likewise, a construction contractor . . . Read More