Weekly Update for Government Contractors and Commercial Businesses – June 14, 2019
If you have any questions concerning the content below, please visit this link . FALSE CLAIMS ACT Department of Justice – The DOJ announced that Richard Moore, the owner of Carolina Sodding Services, LLC, and Carolina Enterprises of the Lowcountry, LLC, agreed to pay $1.6 million to resolve allegations that he and his companies violated the False Claims Act by submitting false invoices for materials that were never provided and false certifications that his companies were women-owned businesses. DOJ FCA investigations – According to Bloomberg . . . Read More
Montgomery County Chamber Honors Pamela Mazza with Chair’s Award
PilieroMazza’s Managing Partner, Pamela Mazza , was distinguished by the Montgomery County Chamber of Commerce (MCCC) with the Chair’s Award at MCCC’s 60th Anniversary Dinner on June 4, 2019. Ms. Mazza, who serves as MCCC’s General Counsel and is a member of its Board of Directors, has helped achieve several key changes for MCCC, including: founding its Veterans Institute for Procurement; serving as a member on MCCC’s GovConNet Council to assist in the development of resources specifically designed for government contractors, such . . . Read More
BLOG: What Will Happen to the DoD’s Mentor-Protégé Program?
As many of our clients know, there are several mentor-protégé programs run either by the SBA or specific agencies that are intended to help small businesses develop and enhance their ability to serve as a prime contractor or subcontractor in federal contracts. For example, the SBA has the 8(a) mentor-protégé program and the all-small mentor-protégé program, and it also approves agency mentor-protégé programs, such as the Department of Homeland Security’s program, which is designed to help small businesses obtain and . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – June 7, 2019
If you have questions concerning the content below, please visit this link . CYBERSECURITY & DATA PRIVACY PilieroMazza hosted a dynamic conference on June 5, 2019 entitled “Gaining a Competitive Edge through Cyber, Data, & Personnel Security.” Nearly 100 attendees (federal contractors and their service providers) participated in multiple panel discussions that brought together perspectives from leading practitioners from GSA, Leidos, and NTT Data to discuss how cybersecurity, supply chain risk management, data rights, and personnel security are shaping the competitive landscape for federal prime . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – May 31, 2019
If you have questions concerning the content below, please visit this link . GOVERNMENT CONTRACTS LAW Department of Defense – The DoD extended the comment period on a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement to implement sections of the National Defense Authorization Act for Fiscal Year 2017 that require review and approval for certain cost-reimbursement contract types at specified thresholds and established time periods and the use of firm fixed-price contract types for foreign military sales unless an exception . . . Read More
Kathryn Hickey and David Shafer, PilieroMazza M&A Attorneys, Represent Zentech Manufacturing, Inc. in Acquisition by Blackbern Partners
BALTIMORE, MD, MAY 28, 2019: Kathryn Hickey and David Shafer led a team of PilieroMazza attorneys from a cross section of the firm’s practice areas – including Business & Transactions Law , Government Contracts , and Labor & Employment – to represent client Zentech Manufacturing, Inc. (Zentech), a Baltimore, MD-based, high-reliability electronics contract manufacturer, in its recent acquisition by BlackBern Partners LLC , a New York City based private equity firm. The partnership created by the acquisition, which closed on May 10, 2019, will accelerate efforts to deliver leading electronics manufacturing services (EMS) to the defense, . . . Read More
BLOG: Corporate Transactions and Affiliation Pitfalls
As a small business grows and expands, it may have opportunities to bring on new investors, provide equity incentives to obtain, incentivize and retain key employees and directors, and enter into acquisitions and other transactions with other entities. These investments and transactions can support the business’s stability and future growth but may also raise unintended affiliation issues. Because the Small Business Administration (SBA) includes the business’s affiliates when determining its size, pursuing these transactions may affiliate the business with other . . . Read More
BLOG: Halting Employee’s Right to Report Cybersecurity Noncompliance Can Land Government Contractors in Hot Water
Last week signaled a potential rude awakening for government contractors subject to cybersecurity requirements. A California U.S. district court ruled that allegations against Aerojet Rocketdyne could progress following a former employee’s complaint that the company terminated his employment after he disclosed cybersecurity failures to the company’s board of directors and refused to sign documents indicating that the company was compliant. Among the employee’s chief allegations is a charge that the company violated the False Claims Act by falsely representing its . . . Read More
BLOG: Challenging a Negative CPARS: What Remedies Are Available?
As any experienced government contractor knows, poor performance under a federal contract can have significant consequences. Not only can it lead to contract termination and damages, but it can also affect a contractor’s ability to obtain future work, as agencies are generally required to consider past performance information posted on the Contractor Performance Assessment Reporting System (“CPARS”) when making source selection decisions. Because a CPARS rating is generally valid for 3 years (6 years for construction/architect-engineer contracts), a contractor may . . . Read More
BLOG: In Win for Whistleblowers, Supreme Court Clarifies Statute of Limitations for False Claims Act Actions Where Government Elects Not to Intervene
Recently, in Cochise Consultancy, Inc. v. United States ex rel. Hunt, the Supreme Court resolved a circuit split and clarified in a unanimous decision that the statute of limitations period for qui tam actions where the Government declines to intervene could extend to ten years, if the plaintiff can show when the Government knew or should have known of the material facts related to the alleged false claim. The Supreme Court noted that under the False Claims Act, 31 U.S.C. § . . . Read More