Overcoming the Inflation Crisis: The Ins-and-Outs of Extraordinary Contractual Relief for Government Contractors
An all-but-forgotten remedy in government contracting, Extraordinary Contractual Relief (ECR) , is in the midst of a potential resurgence due to the Department of Defense’s (DOD) most recent memorandum on inflation entitled Managing the Effects of Inflation with Existing Contracts . As PilieroMazza previously discussed , the current inflation crisis prompted DOD to suggest that, subject to the availability of funds, contractors should seek ECR when seeking an upward adjustment to the price of an existing firm-fixed-price contract. If you are a government contractor impacted by inflation while performing a contract, see below for the ins‑and‑outs . . . Read More
Federal News Network Interviews PilieroMazza’s Kevin Barnett: OFCCP to Disclose Confidential Federal Contractor Data
DOL’s Office of Federal Contract Compliance Programs recently published a notice to contractors about a Freedom of Information Act request from the Center for Investigative Reporting for all EEO-1 Reports submitted between 2016–2020. In this interview, PilieroMazza ’s Kevin Barnett discusses the implications of releasing sensitive information and how government contractors can protect themselves. Visit this link to read Kevin’s client alert on the topic. About Kevin Barnett Kevin is Counsel in PilieroMazza’s Government Contracts Group , where he advises clients in all aspects of government . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – February 3, 2022
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 . LITIGATION & DISPUTE RESOLUTION DOJ Recovers Over $5.6 Billion From Fraud and False Claims Act Matters in FY 2021: 6 Key Takeaways, February 3, 2022, Matt Feinberg and Jackie Unger On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it had recovered more than $5.6 billion in Fiscal Year (FY) 2021 settlements and . . . Read More
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