Government Contracts

ANNOUNCEMENT: PilieroMazza Welcomes Lauren Brier to Government Contracts Group

July 15, 2019
WASHINGTON, DC, July 15, 2019: PilieroMazza is pleased to announce that Lauren Brier has joined the Firm as an Associate in its Government Contracts Group. Ms. Brier represents commercial businesses in a variety of government contracting and litigation matters.  “Lauren’s understanding of how businesses operate, combined with her ability to help clients successfully navigate the complex laws governing federal contractors, makes her a vital asset to PilieroMazza and the clients we serve,” said Jon Williams, co-chair of the Firm’s Government Contracts Group. 
 
A highly skilled practitioner, Ms. Brier offers guidance on bid protests, terminations, constructive change claims, multiple award schedule (MAS) contracts, and solicitation reviews.  She is also adept at counseling clients on suspension and debarment proceedings, mandatory disclosures, alternative dispute resolution, base debarments, False Claims Act (FCA) actions, and other issues under the Federal Acquisition Regulation (FAR) and Contract Disputes Act (CDA).
 
Prior to joining PilieroMazza, Ms. Brier was an attorney at a DC-based law firm, and served as a law clerk for the Honorable Thomas G. Parisi of the Berks County Court of Common Pleas in Pennsylvania.
 
During law school, Ms. Brier was an active participant in many societies and organizations, including the Widener Law Review where she served as the Articles Editor. Ms. Brier also participated in the Widener Law – Judicial Externship Program, where she served as a student law clerk for the Honorable R. Barclay Surrick of the United States District Court, Eastern District of Pennsylvania.
 

Kathryn Hickey and David Shafer, PilieroMazza M&A Attorneys, Represent Zentech Manufacturing, Inc. in Acquisition by Blackbern Partners

May 28, 2019
BALTIMORE, MD, MAY 28, 2019: Kathryn Hickey and David Shafer led a team of PilieroMazza attorneys from a cross section of the firm's practice areas – including Business & Corporate Law, Government Contracts, and Labor & Employment – to represent client Zentech Manufacturing, Inc. (Zentech), a Baltimore, MD-based, high-reliability electronics contract manufacturer, in its recent acquisition by BlackBern Partners LLC, a New York City based private equity firm. The partnership created by the acquisition, which closed on May 10, 2019, will accelerate efforts to deliver leading electronics manufacturing services (EMS) to the defense, aerospace, medical and other high-reliability industries.

PilieroMazza Streamlines Novation Process for Government Contractors

May 9, 2019
Recently, a large engineering firm retained PilieroMazza to assist the firm in acquiring a small government contractor. Acquisitions of government contractors present unique challenges, including recertification requirements and novation.

Megan Connor Testified Before the House Small Business Committee

March 26, 2019
On March 26, 2019, Megan Connor, a partner in PilieroMazza's Government Contracts Group, testified before the U.S. House of Representatives Committee on Small Business Subcommittee Contracting and Infrastructure at a hearing titled "Cleared for Take-off? Implementation of the Small Business Runway Extension Act" on March 26, 2019

Ms. Connor stated: "We represent government contractors of all sizes and in a variety of industries. Many of our clients, though, are small businesses directly impacted by the Small Business Runway Extension Act of 2018 (“Runway Extension Act”). 

Our firm supports the Runway Extension Act and, specifically, changing how small businesses calculate their receipts from a three-year basis to a five-year basis. However, we believe that, in implementing this change, there are three issues that need to be addressed in order to avoid negative impacts on small businesses. First, small businesses deserve clarity as to the effective date of the change from three years to five years. Second, we strongly recommend a transition period during which firms that are small under a three-year calculation, but not small under a five-year calculation, are able to adjust to the marketplace. Third, the System for Award Management database must be updated to account for this change."

Click here to read Ms. Connor's written testimony.  The hearing may be viewed here.

PilieroMazza Submits Comments on Recent VA Rulemaking Proposed Rules

January 24, 2019
On January 24, 2019, PilieroMazza submitted comments to the U.S. Department of Veterans Affairs in response to the proposed rule issued on November 29, 2018, RIN 2900-AQ24—VA Acquisition Regulation: Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace; Protection of Privacy and Freedom of Information; Other Socioeconomic Programs; and Contract Modifications.

Our comments ask that the proposed rules fully implement VA's mandate to give contracting priority to SDVOSBs, then VOSBs, then over to all other businesses contracting with the VA. Download our comments.
  • VAAR Part 826 Will Be Beneficial, But It Needs Further Clarification
    • VA should not use the phrase “shall consider” because this suggests that VA contracting officers have discretion in whether to provide evaluation preferences for SDVOSBs and VOSBs, which they do not. Moreover, it is unclear how that discretion would be exercised if it existed (which it does not). 
  • The VAAR Must Fully Implement the Vets Act Priority for SDVOSBs and VOSBs
    • In light of the above, it is important to emphasize that the Vets Act mandates that there is a preference for VA to award contracts in the following order of priority: (1) contracts awarded to SDVOSBs; (2) contracts awarded to VOSBs that are not SDVOSBs; (3) contracts awarded pursuant to Section 8(a) or Section 31 of the Small Business Act; (4) contracts awarded pursuant to any other small business contracting preference.
  • When applying the full and partial credit for SDVOSBs and VOSBs under subsection (b) in a procurement where price is the only factor or that uses a lowest price technically acceptable source selection process as described in FAR 15.101-2, the contracting officer must deem the price offered by a verified SDVOSB to be 10% lower than its proposed price for evaluation purposes. The contracting officer must deem the price offered by a verified VOSB to be 5% lower than its proposed price for evaluation purposes.
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