The Case for Intervening in Bid Protests: It’s Almost Always the Right Call
You’re a federal government contractor who just won a contract award. But, before you pop the champagne, there’s a hiccup: a competitor filed a bid protest challenging your award. “Oh, well,” you think, “the government can surely defend my award; there’s no reason for me to get involved.” Think again. This blog covers why contractors should step in and intervene when a bid protest challenges their awarded contract. It’s not just about safeguarding your contract; it’s also about ensuring you . . . Read More
2024 Super Lawyers® Distinguishes 12 PilieroMazza Attorneys for Legal Excellence
Twelve PilieroMazza attorneys from various practice groups— Government Contracts , Construction , Labor & Employment , and Litigation & Dispute Resolution —are distinguished with a listing in the 2024 publication of Super Lawyers® for outstanding legal service. Particularly noteworthy is the elevation from Rising Star to Super Lawyer status of partners Sarah Nash from the Labor & Employment Group and Jessica duHoffmann from the Construction Group. See the full list below of PilieroMazza’s Super Lawyers and Rising Stars. Commenting on the listing, Managing Partner Tony Franco said: “PilieroMazza is grateful for the acknowledgment our attorneys received from . . . Read More
Enforceability of Pay-if-Paid Clauses in Construction Subcontracts: Mid-Atlantic Region
Pay-if-paid clauses are conditional payment provisions regularly included in construction subcontracts. The intent of these clauses is to shift the risk of loss from a prime contractor to its subcontractors by making a project owner’s payment to the prime contractor a condition precedent to the prime contractor’s obligation to pay its subcontractors. [1] The enforceability of pay-if-paid clauses is a frequent topic of dispute, becoming more complicated when a prime contractor posts a payment bond protecting subcontractors and suppliers from non-payment . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – May 9, 2024
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 . Podcasts: Listen to PilieroMazza’s podcasts GovCon Live! here and Clocking in with PilieroMazza here . LABOR & EMPLOYMENT Clocking in with PilieroMazza: FTC Non-Compete Ban Attacked by Businesses: What You Need to Know, PilieroMazza Podcast, Nichole D. Atallah , Sarah L. Nash . Click here to access the podcast. Federal Trade Commission (FTC) Final Rule: Non-Compete Clause (Non-competes) Rule On . . . Read More
Clocking in with PilieroMazza: FTC Non-Compete Ban Attacked by Businesses: What You Need to Know
Preparing for Major Changes to DOT’s Disadvantaged Business Enterprise (DBE) Program Effective May 9, 2024
Click here to view the recorded session. The Department of Transportation (DOT) recently published a final rule making significant changes to the agency’s Disadvantaged Business Enterprise (DBE) Program which take effect on May 9. The rule aims to improve the inclusion of small, disadvantaged businesses in infrastructure opportunities; reduce burdens on DBE firms and recipients; foster the growth of DBE firms; and improve DBE Program integrity, among other things. To help prime contractors and subcontractors who participate, or are considering participating, . . . Read More
Impact of 11th Circuit’s Sovereign Immunity Waiver Decision on Tribally-Owned Businesses in SBA’s 8(a) Program
On May 1, 2024, the U.S. Court of Appeals for the Eleventh Circuit issued a sweeping decision impacting sovereign immunity for tribally-owned government contractors. The first-of-its-kind appellate decision concludes that by participating in the U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) Program), tribally-owned entities waive sovereign immunity as to virtually all—if not all—claims connected in any way to the entity’s 8(a) Program participation, regardless of the tenuous nature of the connection. Tribally-owned government contractors should adjust their . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – May 2, 2024
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 . Podcasts: Listen to PilieroMazza’s podcasts GovCon Live! here and Clocking in with PilieroMazza here . LABOR & EMPLOYMENT FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban, PilieroMazza Client Alert, Nichole D. Atallah , Sarah L. Nash On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing . . . Read More
CISA Unveils Final Self-Attestation Form for Software Producers Bidding on Federal Contracts
In March 2024, the Cybersecurity and Infrastructure Security Agency (CISA) released the final version of its secure software development self-attestation common form (Form), requiring federal government contractors who produce and provide software to verify that it complies with government-specified, minimum secure software development practices. Nearly one year ago, CISA published a draft version of the Form requesting public comment. PilieroMazza discussed some of the key requirements and implications of the draft form here . Contractors who sell software to the government . . . Read More
Is It Time for Regulations on GSA’s Contractor Teaming Arrangements?
In the late 1990s, the General Services Administration (GSA) created the concept of Contractor Teaming Arrangements (CTAs). Unlike the contractor teaming arrangements described under FAR 9.601, which simply describe a joint venture or prime contractor/subcontractor relationship, the GSA created a wholly new type of contracting team where all members of the team have privity [1] with the federal government and are all co-prime contractors…supposedly. In this blog, PilieroMazza reviews the limited rules governing CTAs and the impact on government contractors’ ability . . . Read More