Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision

April 23, 2020
By Lauren Brier and Meghan F. Leemon

Westlaw Journal Government Contract recently published an article by Meghan Leemon and Lauren Brier titled "Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision."

The article covers a decision from the Armed Services Board of Contract Appeals (ASBCA) that highlights the importance for prime contractors to preserve all relevant defenses to termination in advance of an appeal to the Board of Contract Appeals or Court of Federal Claims.

To access the full article, please visit this link.

Affiliation in the Context of SBA Loans, Guidance for Venture Capital Investors

March 31, 2020
By Kathryn L. Hickey
In this guidance document published by the National Venture Capital Association (NVCA), "Affiliation in the Context of SBA Loans, Guidance for Venture Capital Investors," PilieroMazza's Kathryn Hickey offers key takeaways for venture capital investors concerned about SBA affiliation rules in the context of SBA loans.

Jon Williams Authors Article for Federal News Network: If VA Builds Warehouse, Distribution Capabilities for Sleep Therapy, Better Patient Care Will Not Come

March 4, 2020
By Jon Williams
Jon Williams was recently published in Federal News Network with an article on a flawed insourcing strategy by the VA for critical medical devices. In February 2019, Jon wrote in Federal News Network about the VA's plans to insource the warehousing and distribution of continuous positive airway pressure (CPAP) devices and related supplies that are used to treat a rapidly-growing number of veterans with respiratory disabilities. While VA's goal to improve veteran healthcare in sleep therapy is laudable, Jon wrote about why the VA is going about it the wrong way. Jon's latest article discusses several recent government audit reports that reached a similar conclusion as Jon did in his February 2019 article: to solve the challenges facing VA in sleep therapy acquisitions, VA needs to focus on investing in people and technology, not warehousing and logistics. Please click here for Jon's latest article in Federal News Network or click the download button below for a plain text version. For Jon's February 2019 article, please click here.

Column: The Implications of SBA's Proposed Rule Changes for Tribally Owned 8(a) Businesses- Peter Ford and Emily Rouleau, Set-Aside Alert

January 31, 2020
By Peter B. Ford and Emily J. Rouleau

Unique Considerations for Transactions Involving Government Contractors

M&A transactions involving government contractors carry several regulatory and industry-specific considerations that can materially impact all aspects of the deal—from high-level structuring considerations to risk allocation for compliance issues to additional administrative checklist items. If neglected or overlooked, they can result in major headaches. This article outlines certain key issues that practitioners should consider in transactions involving government contractors. For the full article, please see the attached at pages 25-26.
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