Weekly Update for Government Contractors and Commercial Businesses – November 10, 2021
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . LABOR & EMPLOYMENT COVID-19 Vaccination and Testing: Critical Implications of OSHA’s ETS for Federal Government Contractors, November 5, 2021, Nichole Atallah , Sarah Nash , Sara Nasseri , and Matt Stokes On November 4, 2021, the Occupational Safety and Health Administration (OSHA) published its long-awaited COVID-19 Vaccination and Testing Emergency Temporary Standards (ETS) for covered private . . . Read More
5 Things Every Contractor Should Know About the Contract Disputes Act
The well-worn adage that “you can’t fight City Hall” does not apply to federal government contractors. The Contract Disputes Act (CDA) provides the statutory framework governing contract disputes between contractors and the government. Although it is embodied in every government contract, its seemingly endless nuance and nearly 50 years of case law interpretation, can leave even the most experienced contractor confused at times. To prevent further confusion around the CDA, attorneys from PilieroMazza’s Government Contract Claims & Appeals Group offer . . . Read More
BLOG: For Contractors, an REA for Keeping Your People Safe and on the Job
In COVID-19 times, one of the ongoing challenges for contractors is how to obtain upward equitable adjustments for increased operating costs due to the crisis. These costs could include more janitorial services, reconfiguring and/or refurnishing workspaces, changing processes and/or systems, overcoming supply chain fluctuations, enabling more remote work, compartmentalizing work groups, implementing shift work, allotting administrative time for health checks, giving more transportation and parking benefits, providing Personal Protective Equipment (“PPE”), adding headcount made necessary by changes, as well as . . . Read More
PilieroMazza Enhances Corporate and Litigation Legal Services to Government Contractors and Commercial Businesses
WASHINGTON, DC, MAY 13, 2019: PilieroMazza is pleased to announce the addition of Patrick Burns as an Associate in the firm’s Litigation Group and Francis Massaro as an Associate in the firm’s Business & Transactions Law Group . Patrick Burns has successfully represented commercial businesses in a variety of litigation matters, in both state and federal courts, involving a diverse range of issues, such as employment, wage and hour disputes, defamation, corporate defense litigation, class action defense, and contract disputes. Adept at handling matters through . . . Read More
Unfair by Design? Flaws in CPARS Disputes and What Needs to Change
The Contractor Performance Assessment Reporting System (CPARS) heavily influences who wins federal contracts, but its dispute process is anything but fair. Agencies can post their version of events—accurate or not—with little neutral oversight, while contractors get limited time to respond and few options for real correction. It’s time for reform. Independent reviews, temporary holds on disputed ratings, clear evidence rules, and enforceable deadlines would make CPARS more accurate and balanced. Lawmakers and industry leaders must act to make the CPARS . . . Read More
2022 NDAA Makes Significant Changes to Federal Procurement Policy
On December 27, 2021, President Biden signed the FY22 National Defense Authorization Act (NDAA) into law, authorizing more than $700 billion in defense spending. The NDAA also contains several provisions that shape federal procurement policies and forecast areas that Congress believes warrant attention in the future. PilieroMazza examines three themes in this year’s NDAA that contractors should know to take advantage of contract opportunities and maintain compliance requirements. 1. Continued Support for Domestic Preferences and Supply Chain Security Congress sent a clear signal that it supports . . . Read More
BLOG: Challenging a Negative CPARS: What Remedies Are Available?
As any experienced government contractor knows, poor performance under a federal contract can have significant consequences. Not only can it lead to contract termination and damages, but it can also affect a contractor’s ability to obtain future work, as agencies are generally required to consider past performance information posted on the Contractor Performance Assessment Reporting System (“CPARS”) when making source selection decisions. Because a CPARS rating is generally valid for 3 years (6 years for construction/architect-engineer contracts), a contractor may . . . Read More
The Weekly Update for March 8, 2019
GOVERNMENT CONTRACTING Gene L. Dodaro, Comptroller General of the United States, testified before the Senate Committee on Homeland Security and Governmental Affairs about the Government Accountability Office’s (GAO) report on high-risk areas. Mr. Dodaro’s testimony explained that the GAO’s high-risk program has focused attention on government operations with greater vulnerabilities to fraud, waste, abuse, and mismanagement, or that are in need of transformation to address economy, efficiency, or effectiveness challenges. The GAO’s 2019 High Risk Report, among other things, identified two . . . Read More
The Weekly Update for February 22, 2019
GOVERNMENT CONTRACTING The Government Accountability Office (GAO) sustained a protest filed by Ekagra Partners, LLC challenging the terms of a request for proposal (RFP) issued by the General Services Administration (GSA). In its protest, Ekagra Partners argued the solicitation for the OASIS Small Business on-ramp, which included terms that improperly restricted competition by limiting the ways in which a small business joint venture could form teams to submit a proposal. The GAO found that the solicitation’s limitation on the ability of . . . Read More