Supreme Court Ruling Increases Potential Liability for Employers Failing to Accommodate Pregnant Employees

        By Corey Argust On March 25, 2015, the Supreme Court reinstated a pregnancy discrimination suit that the Fourth Circuit Court of Appeals had previously decided in favor of the employer. The decision in Young v. United Parcel Service, Inc., 575 U.S. ____ (2015), opens the door to potential liability for employers with disability accommodation policies that formerly appeared to be nondiscriminatory. Peggy Young, the plaintiff in Young v. United Parcel Service, Inc. was a former, part-time . . . Read More

PilieroMazza submits final comments to SBA

PilieroMazza submitted comments regarding the U.S. Small Business Administration’s (“SBA”) proposed rule of December 29, 2014, regarding the implementation of a statutory mandate for the performance requirements applicable to small business and socioeconomic program set aside contracts and small business subcontracting. The Proposed Rule is designed to implement section 1651 of the National Defense Authorization Act (“NDAA”) of 2013, which changes the limitations on subcontracting for full or partial small business and socio-economic program set-aside contracts and small business subcontracting. Additionally, . . . Read More

Late is not Always Late: The Government Control Exception for Late Proposals

By Julia Di Vito A common nightmare of government contractors probably plays out like this: you spend a significant amount of time and resources preparing a robust proposal in response to a solicitation, you are sure your firm is the most qualified to do the work and can provide the best value to the government, you submit your proposal electronically before the deadline and then—to your horror—the agency rejects your proposal because it is “late.” If this scenario happens to . . . Read More

House Bill Proposes Improvements to Small Business Contracting Policies

By Megan Connor The House Small Business Committee approved legislation on March 25, 2015 to ensure more small businesses can compete for federal contracts and help save taxpayer money. H.R. 1481, The Small Contractors Improve Competition Act of 2015 , proposes a series of common sense improvements to small business contracting policies to promote increased competition, a healthier industrial base, and a more cost-effective federal procurement process. The bill is the result of a series of hearings examining small business contracting policies, including a full committee hearing in February and . . . Read More

GSA Proposes to Amend GSAR for Reporting of Transactional Data and Prices Paid by Ordering Activities

By Katie Flood On March 4, 2015, the General Services Administration (GSA) issued a Proposed Rule to amend the GSA’s Acquisition Regulations. The rule outlines a plan to adopt clauses requiring vendors to report transactional data from orders and prices paid by ordering activities. This includes orders placed against FSS contracts & non-FSS contract vehicles, GWACs, and IDIQ contracts. The Proposed Rule signals a shift away from GSA’s current price enforcement mechanism, the Price Reductions Clause, in favor of a . . . Read More

Your “Form” Teaming Agreement: Enforceable Contract or an “Agreement to Agree”?

Teaming agreements have become virtually universal in the world of government contracting, and their use is recognized and promoted in the Federal Acquisition Regulation. Given the prevalence of teaming agreements, it is our experience that many government contractors have developed a “form” teaming agreement, as they have with other often-used documents, such as form subcontracts. Typical provisions included in a teaming agreement often include: Allocations of a specific percentage of the work share to each team member; A pledge of . . . Read More