Eight Principles You Should Know When Negotiating Your Teaming Agreement
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
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
Service Contract Act Compliance
Presented by Jennifer Flickinger of Baker Tilly and Megan Connor.
PilieroMazza sends letter to House Small Business Committee expressing concerns with SBA’s recent rule applying the nonmanufacturer rule to ITVARs
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
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
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
PilieroMazza Legal Advisor – Second Quarter 2016
In this Issue: Lessons Learned from Protests Involving “Late” Proposals Avenues for Avoiding FCA Liability Negotiating the Provisions of Your Office Lease Update on SBA’s New ITVAR Size Rule
FY2015 Procurement Scorecard: Another “A” for the Government
Yesterday, the Small Business Administration (SBA) released its annual small business procurement “report card,” identifying how the federal government as whole and major federal agencies measured up in terms of meeting their small business prime and subcontracting goals for the 2015 fiscal year. The federal government got an “A,” as did 18 of the 24 major Federal agencies. And, three agencies (i.e., the Department of Justice, the General Services Administration, and SBA) even got an “A+.” 2015 marks the third consecutive year . . . Read More
GWACs and MACs – Vital Tools for Small Business – Alex Levine & Michele Litteken – Set-Aside Alert
The GAO’s Report on Contracting with ANC-Owned 8(a) Firms And Its Potential Impact on Tribally-Owned 8(a) Firms
The Government Accountability Office (GAO) recently issued a report , titled “Alaska Native Corporations: Oversight Weaknesses Continue to Limit SBA’s Ability to Monitor Compliance with 8(a) Program Requirements.” The report was prepared at the request of Senators McCaskill and Markey, and Congressman DeFazio, whom asked the GAO to examine the Small Business Administration’s (SBA) oversight of 8(a) contracts specifically awarded to Alaska Native Corporations (ANCs). The report focused on the SBA’s ability to enforce regulations prohibiting the award of follow-on, sole source contracts to . . . Read More