BLOG: Federal Appeals Court Gives $34 Million False Claims Act Pay Day to Whistleblower and Takes it From Another
“It was the best of times, it was the worst of times . . . .” Charles Dickens was not thinking of the False Claims Act when he wrote “A Tale of Two Cities,” but the First Circuit Court of Appeals was when it decided United States ex rel. McGuire v. Millenium Laboratories, Inc.earlier this week. With the decision, a three judge panel of that Court moved over $34 million in relator fees from one whistleblower to another, highlighting the risks—for both . . . Read More
The Weekly Update for May 7, 2019
GOVERNMENT CONTRACTING The Department of Defense issued a final rule amending the Defense Federal Acquisition Regulation Supplement to implement section 2804 of the National Defense Authorization Act for Fiscal Year 2019, which increased the threshold for small business set-asides of acquisitions for architect-engineer services, including construction design, in connection with military construction projects or military family housing projects, to $1 million. The final rule became effective on April 30, 2019. 84 Fed. Reg. 83, 18160 . The Department of Energy’s (DOE) Office of Hearing and . . . Read More
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.
Protecting Your Data Rights
BLOG: SBA Adopts New Size Standard Methodology and Says Updates to Size Standards Coming in “Near Future”
Earlier this month, SBA published its final rule adopting a revised size standards methodology. My colleagues, Jon Williams and Tim Valley, previously described the proposed changes to the methodology in a blog last year. The final methodology white paper adopts all the changes SBA proposed with minor revisions. SBA is moving from an “anchor” approach to a “percentile” approach. Under the anchor approach, SBA generally evaluated the characteristics of individual industries relative to the average characteristics of industries with an anchor size standard ($7.5 million and . . . Read More
The Impact of New DOL Proposed Rules on Government Contractors
The Weekly Update for April 16, 2018
GOVERNMENT CONTRACTING As reported in a Government Executive article , President Trump announced in a tweet that he intended to nominate Jovita Carranza, currently the Treasurer of the United States, to serve as Administrator of the Small Business Administration (SBA). Ms. Carranza worked as a Senate-confirmed deputy administrator at SBA during the George W. Bush administration and previously had a 20-year career at the United Parcel Service, ending as president of Latin America and Caribbean operations. According to Bloomberg Law, the . . . Read More
ANNOUNCEMENT: 14 PilieroMazza Lawyers Recognized in 2019 Super Lawyers® Listing
The 2019 edition of Super Lawyers® recognizes 14 PilieroMazza lawyers as “Super Lawyers” or “Rising Stars” in their respective practice areas, which include Government Contracts , Labor & Employment , and Litigation . This year’s listing represents more than 60% of the firm’s attorneys, showcasing PilieroMazza’s commitment to client service and legal excellence. New to the list are Associates Jacqueline K. Unger and Timothy F. Valley. Please see the full list below. Super Lawyers Attorney Title Practice Office Pamela J. Mazza Managing Partner Government Contracts Washington, DC Antonio R. Franco Partner Government Contracts Washington, . . . Read More
The Weekly Update for April 19, 2019
GOVERNMENT CONTRACTING As reported by Bloomberg Government, the Department of Health and Human Services is competing for a follow-on contract worth as much as $347 million to continue implementing the federal employee and contractor identification, authentication, and cybersecurity standards outlined in the Homeland Security Presidential Directive-12 ( HSPD-12 ). The scope of the contract—called the HSPD-12 Identity, Credential, and Access Management (ICAM) Systems Integration Support (SiS)—falls into two domains. Both domains aim to ensure that employees and contractors have credentials for access . . . Read More
BLOG: An Agency’s Corrective Action Decision Is Not Immune to Protest—What Does It Take to Win?
Corrective action is a common outcome of a bid protest. Indeed, the U.S. Government Accountability Office (GAO) reported that 29% of the protests filed in FY 2018 resulted in corrective action. If you are a protester, that may be great news. In the case of a post-award protest, it likely means that you have another shot at award. However, if you are an intervenor, it means the agency chose not to defend your award, and you could lose the contract. . . . Read More