Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision
Westlaw Journal Government Contract recently published an article by Meghan Leemon and Lauren Brier titled “Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision.” The article covers a decision from the Armed Services Board of Contract Appeals (ASBCA) that highlights the importance for prime contractors to preserve all relevant defenses to termination in advance of an appeal to the Board of Contract Appeals or Court of Federal Claims. To access the full article, please visit this link . . . Read More
Affiliation in the Context of SBA Loans, Guidance for Venture Capital Investors
In this guidance document published by the National Venture Capital Association (NVCA), “Affiliation in the Context of SBA Loans, Guidance for Venture Capital Investors,” PilieroMazza ’s Kathryn Hickey offers key takeaways for venture capital investors concerned about SBA affiliation rules in the context of SBA loans. To access the full article, please visit this link . Ms. Hickey is Chair of the Firm’s Business & Transactions Group , where she assists clients primarily in general business, mergers and acquisitions, venture capital and private equity investments, and commercial contracting. . . . Read More
Jon Williams Authors Article for Federal News Network: If VA Builds Warehouse, Distribution Capabilities for Sleep Therapy, Better Patient Care Will Not Come
Jon Williams was recently published in Federal News Network with an article on a flawed insourcing strategy by the VA for critical medical devices. In February 2019, Jon wrote in Federal News Network about the VA’s plans to insource the warehousing and distribution of continuous positive airway pressure (CPAP) devices and related supplies that are used to treat a rapidly-growing number of veterans with respiratory disabilities. While VA’s goal to improve veteran healthcare in sleep therapy is laudable, Jon wrote about why . . . Read More
Unique Considerations for Transactions Involving Government Contractors
M&A transactions involving government contractors carry several regulatory and industry-specific considerations that can materially impact all aspects of the deal—from high-level structuring considerations to risk allocation for compliance issues to additional administrative checklist items. If neglected or overlooked, they can result in major headaches. This article outlines certain key issues that practitioners should consider in transactions involving government contractors. For the full article, please see the attached at pages 25-26.
SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know – Samuel Finnerty, Set-Aside Alert
Have the Flood Gates Opened? Cisco Settles First-Of-Its-Kind Cybersecurity False Claims Act Litigation – Matthew Feinberg, XLNC Magazine
Challenging a Negative CPARS: What Remedies Are Available?
Fourth Circuit Makes it Harder for Whistleblowers in FCA Cases
Published by WestLaw Journal for Government Contracts: In a relatively recent decision, the U. S. Court of Appeals for the Fourth Circuit raised the bar a notch for whistleblowers in False Claim Act (“FCA”) cases whose allegations lack specificity as to direct evidence of presentment for payment to the government for fraudulent services.