BLOG: Reselling Laptops and Tablets to the Federal Government Just Got Easier
The Small Business Administration (SBA) issued a class waiver of the non-manufacturer rule (NMR) on March 9, 2020. Effective April 8, 2020, it waives the NMR for commercially available off-the-shelf (COTS) laptop and tablet computers. The waiver is great news for small business resellers in the IT industry because the waiver will make it easier for these small businesses to comply with the NMR when reselling COTS laptops and tablets to federal agencies. For some background, the NMR is an exception to . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – March 12, 2020
If you have questions concerning the content below, please visit this link . PODCAST: FCA: The Year-End Review, March 10, 2020, Matt Feinberg . [ Read More ] WEBINAR: CMMC Is Coming: Are You Ready?, March 17, 2020, Jon Williams and Anna Wright. [ Read More ] WEBINAR: The False Claims Act: 2019 Takeaways and 2020 Trends, March 31, 2020, Matt Feinberg and Jackie Unger . [ Read More ] GOVERNMENT CONTRACTS LAW GSA to Clarify Agency Physical Security Standard Responsibility The General Services Administration (GSA) issued a proposed rule to revise the Federal Management Regulation to clarify the . . . Read More
ANNOUNCEMENT: Former GSA Counsel Jonathan Pomerance Joins PilieroMazza’s Government Contracts Group
Jon Pomerance has joined PilieroMazza as an associate in the Firm’s Government Contracts , Litigation & Dispute Resolution , False Claims Act , Cybersecurity & Data Privacy , and Claims and Appeals practice groups. Previously, he served as Assistant General Counsel to the U.S. General Services Administration’s (GSA) Federal Acquisition Service (FAS). Mr. Pomerance now leverages his in-agency experience and government decision-making knowledge on behalf of PilieroMazza’s government contractor and commercial business clients. “We’re excited to have Jon on our team. His perspective on agency action and firsthand understanding of government procurements will further enhance the legal solutions . . . Read More
BLOG: “Constructive Demotion” Claim Under Title VII Gains Traction in 4th Circuit District Courts
While the viability of a claim of “constructive demotion” under Title VII of the Civil Rights Act of 1964 (Title VII) has yet to be determined by the Fourth Circuit, a series of cases in district courts within the Circuit suggest that such might not be the case for long. In one such recent case, Judge Conrad of the U.S. District Court for the Western District of Virginia denied a defendant truck driver training company’s motion to dismiss a constructive . . . Read More
BLOG: Purchase Agreement Components, Part 1: Options for Forms of Purchase Price Consideration in Acquisition Agreements
Whenever parties enter into negotiations to buy and sell a target company, one of the first points of discussion is the purchase price. In particular, the purchase price discussion often reflects the amount of cash that will be paid by the buyer to the seller at closing, and, in fact, nearly all acquisitions involve cash as all or part of the purchase price consideration. However, a cash payment at closing is not the only type of consideration that is common . . . Read More
Ex Rel. Radio – FCA: The Year-End Review
ANNOUNCEMENT: PilieroMazza Welcomes Government Procurement Attorney Justin Haselden to Its Government Contracts Team
After nine years representing the federal government, PilieroMazza is pleased to announce the addition of Justin Haselden as an associate in the Firm’s Government Contracts and Litigation & Dispute Resolution practice groups. Commenting on Mr. Haselden’s arrival, Practice Group Chair Tony Franco said, “Justin’s in-agency experience, combined with his private practice, provides a 360-degree view of federal procurements and agency decision-making that will be invaluable to our clients. We couldn’t be more pleased to have him join our team.” Mr. Haselden brings significant experience in handling government contract matters, . . . Read More
8(a) Contractors: To Suspend or Not Suspend In Light of COVID-19
If you are an 8(a) contractor, you may have received a notification from your Business Opportunity Specialist regarding a voluntary suspension due to the March 13, 2020 declaration of a national emergency concerning the COVID-19 outbreak. Covered below are considerations for 8(a) government contractors before they decide to suspend or not to suspend their participation in the 8(a) program. SBA regulations provide a process by which 8(a) contractors may voluntarily elect to suspend their participation in the 8(a) program for . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – March 5, 2020
If you have questions concerning the content below, please visit this link . CLIENT ALERT: FAR Council Changes Rules Regarding Small Business Rerepresentation / Recertification and Multiple Award Contracts, March 3, 2020, Sam Finnerty On February 27, 2020, the FAR Council published a final rule that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. Although these “new” rules have been reflected in SBA regulations for some time, their addition to the FAR is significant . . . Read More
Bloomberg Law Quotes Jon Williams on Acetris Drug Decision
“I’m sure there are many manufacturers who have just seen their products become TAA-compliant overnight . . .,” said Jon Williams , commenting on the U.S. Court of Appeals for the Federal Circuit’s February 10th ruling in Acetris Health, LLC v. United States. The court held that a U.S.-manufactured drug from Acetris was compliant with the Trade Agreements Act (TAA), despite Acetris sourcing an active pharmaceutical ingredient for the drug from a non-designated country under the TAA. This indicates that pharmaceutical companies should . . . Read More