Forming a Joint Venture? SBA Stresses Importance of Complying with State Law
As PilieroMazza previously highlighted , contractors wishing to pursue set-aside work through small business joint ventures (JVs) must comply with the Small Business Administration’s (SBA) JV regulations, which require certain JVs to have detailed and specific JV agreements (JVAs). A recent case from SBA’s Office of Hearing and Appeals (OHA) highlights just how important it is that small business JVs also comply with applicable state laws. Contractors should be aware that failing to comply with state laws can cause a small . . . Read More
Why the Content of a Contractor’s Joint Venture Agreement Matters
The Small Business Administration’s (SBA) joint venture (JV) regulations allow large businesses to perform set-aside contracts with their small business protégés and allow small businesses to pool their resources and experience to compete for set-aside work they would not independently qualify for. However, these JVs must strictly comply with SBA’s JV regulations. Among other things, this means each JV must have a JV agreement (JVA) that checks a litany of regulatory boxes. A recent SBA Office of Hearings and Appeals . . . Read More
Department of Commerce Adds 6 China-Based Entities to Export Administration Regulations List
Department of Commerce Adds 6 China-Based Entities to Export Administration Regulations List On February 14, 2023, the U.S. Department of Commerce Bureau of Industry Security (BIS) amended the Export Administration Regulations (EAR) ( 15 C.F.R. §§ 730 et seq. ) list ( Entity List ) by adding six China-based entities. The Biden Administration determined that those six entities were conducting business contrary to U.S. national security and / or foreign policy interests. Government contractors should be cautious when doing business with the following entities: Beijing Nanjiang Aerospace Technology; . . . Read More
Crackdown on Pandemic Fraud: Impact on Small Business Government Contractors
On March 2, 2023, the White House announced that President Biden intends to ask Congress for $1.6 Billion to combat ongoing fraud related to COVID relief programs, referred to as “pandemic fraud.” This comes in the wake of “historic” levels of fraud that occurred during the COVID-19 pandemic, the full extent of which is still not fully known. In the White House’s announcement, it notes that the requested $1.6 Billion will be for President Biden’s three-part Pandemic Anti-Fraud proposal. These three . . . Read More
The FCA at the Supreme Court, Part 2 of 4: Addressing the Standard for Knowingly Submitting a False Claim
The False Claims Act (FCA) is seeing quite a bit of action at the Supreme Court this term, with multiple cases under consideration. This is the second installment in PilieroMazza’s blog series on “The FCA at the Supreme Court,” where we will examine active cases, comment on decisions once they are issued, and discuss ways defendants can protect themselves in FCA litigation. Part 1 of the series is available here . On January 13, 2023, the Supreme Court agreed to consider . . . Read More
8 Key Takeaways from DOJ’s Annual Report on Fraud and the False Claims Act
“It was the best of times, it was the worst of times . . . .” Charles Dickens’ famous line from A Tale of Two Cities may have been echoing in the ears of Department of Justice (DOJ) attorneys a bit over the last month. On February 7, 2023, DOJ issued its annual report on fraud and False Claims Act (FCA) recoveries for fiscal year 2022. After the agency recovered over $5.6 Billion in fiscal year 2021, the annual report disclosed what . . . Read More
Recovering Bid Preparation and Proposal Costs for Government Contractors: ARxIUM Provides Helpful Guidance
Filing a bid protest and ultimately recovering bid preparation and proposal costs after winning may not be a primary concern for contractors as they pursue a new contract. However, a recent Court of Federal Claims decision provides useful, but often overlooked, guidance for government contractors hoping to recover costs in such situations. This blog summarizes the Court’s decision in ARxIUM, Inc. v. United States [1] and suggests best practices for contractors to maximize cost recovery and improve bid preparation processes in . . . Read More
Proposed Ban on Non-Compete Agreements May Affect Government Contractors’ Ability to Win Recompetes
In January 2023, the Federal Trade Commission (FTC) issued a proposed rule to ban the use of non-compete clauses in employment agreements. The rule follows President Biden’s July 9, 2021, executive order encouraging the FTC to engage in rulemaking restricting the “unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” The FTC invites the public to comment by March 20, 2023. In this blog, we discuss important considerations related to the FTC’s proposed nationwide ban . . . Read More
Have You Updated the Minimum Wage? Government Contractors Struggle with Minimum Wage Confusion
On January 1, 2023, the minimum wage for government contractors under Executive Order 14026 increased from $15.00 per hour to $16.20 per hour. We wrote about Executive Order 14026 and its requirements previously here . There continues to be confusion as to when and how Executive Order 14026 applies, so here are a few key components that government contractors should keep in mind. Federal Acquisition Regulation (FAR) 52.222-55, Minimum Wages for Contractors Under Executive Order 14026 (distinguished from the former FAR . . . Read More
GSA Technology Contractors: 4 Requirements to Ensure Only Approved Software Is Used
Almost two years ago, Executive Order 14028 – Improving the Nation’s Cybersecurity (EO) was issued requiring a host of actions be taken by the Federal Acquisition Regulation (FAR) Council, the National Institute of Standards and Technology (NIST), as well as the Office of Management and Budget (OMB). NIST completed one of those actions, which required it to identify “practices that enhance the security of the software supply chain,” when it released guidance on a secure software development framework and software supply chain security. In a recent memo , OMB . . . Read More