“Let’s Get Surety” Podcast: Cy Alba and Matt Feinberg Discuss False Claims Act Implications in the Construction and Surety Industries

Kat Shamapande, host of the podcast “Let’s Get Surety”, spoke recently with PilieroMazza ’s Cy Alba and Matt Feinberg , partners in the Firm’s False Claim Act Group .  Using examples and explanations, Cy and Matt elaborated on the False Claims Act and its impact on the construction and surety industries.  For the full episode, please visit this link , and go to this link to access useful resources geared toward the construction industry.  “Let’s Get Surety” is a podcast series presented by the National Association of Surety Bond Producers.  Visit . . . Read More

COVID-Related Claim Successfully Negotiated by PilieroMazza’s Government Contracts Team

Attorneys in PilieroMazza ’s Government Contract Claims & Appeals Group recently assisted a client in the federal procurement sector to successfully negotiate a claim resulting from the impacts of COVID-19.  During the client’s contract with the government—and in the midst of the pandemic—there was a change to the contract directed by the agency to coincide with new guidelines tied to COVID-19 from the Centers for Disease Control and Prevention.  For our client to effectively execute the changes, they had to incur additional costs related to acquiring personal . . . Read More

DOD Issues Class Deviation Making Limitations on Subcontracting Compliance More Uniform

As we previously wrote , the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule was recently revised to more closely mirror the U.S. Small Business Administration’s (SBA) LOS regulation. However, because the changes to the FAR do not account for more-recent revisions to SBA’s LOS rule, inconsistencies between the two sets of regulations remain. Recognizing this disconnect, the Civilian Agency Acquisition Council has released a memorandum authorizing civilian agencies to issue FAR class deviations to better align the FAR’s and . . . Read More

Watch Your Step: Avoiding False Claims Act Violations from Limitations in Subcontracting and Performance of Work Requirements

Members of the government contracting community are familiar with the contracting opportunities offered specifically to small and disadvantaged businesses.  The availability of small business contracts and set-aside contracting opportunities through the U.S. Small Business Administration’s (SBA) 8(a), Mentor-Protégé, and various set-aside programs (such as those available for service-disabled veteran-owned small businesses or women-owned small businesses), offer important opportunities for small businesses to grow without competing against mega companies with endless resources.  However, certain requirements for performing contracts under these programs . . . Read More

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