government contract
New Certification and Recertification Requirements: GovCon M&A Transaction Post-Closing Guide; Piliellomazza's blog, Isaias “Sai” Alba IV, Abigail “Abby” L. Baker
After the sale or acquisition of a business or its assets, there are often one or more post-closing requirements that the business owner must complete. Two of his requirements are particularly important in transactions involving government contractors: contract modification and size recertification. Below, attorney PilieroMazza provides a post-closing guide for government contractors to meet renewal and recertification requirements to avoid costly penalties, including loss of contract awards and criminal charges. read more here.
Government Audit Office (GAO) Report: Defense Contracting, Improved Monitoring Could Improve Department of Defense Award Lead Time Management
On March 14, GAO released a report featuring recommendations to reduce the time it takes to award contracts. Recommendations include evaluating how the Department of Defense leverages existing acquisition data to monitor procurement management lead times (PALT) across departments and determining whether a PALT tracker is needed to supplement existing acquisition data. This includes improving the PALT Tracker as determined and continually improving the PALT Tracker. Used to track PALT as it raises more than $250 million.Full report available here.
General Services Administration (GSA) Acquisition Letter (AL): Guidance on paying for software licenses delivered via SaaS
On March 14, GSA issued an AL providing guidance to contracting agents who have questions about cloud-based software as a service (SaaS) purchases. We clarify that under certain conditions, prepayments are not considered prepayments. Because SaaS upfront offers potential price savings and small business benefits, this AL supports his GSA's strategic objective for its product portfolio to meet market demand for products, services, and solutions and the desired acquisition approach. To do.read more here.
Congress and the White House have struck a funding deal but faces a tight timeline to avoid a shutdown. government executives
Congressional leadership and the White House have agreed on a funding measure to end the threat of a shutdown for the remainder of fiscal year 2024, but lawmakers are now asking the president to He has a tight schedule for introducing the bill.read more here.
Understanding fixed-price government contracts and inflation mitigation law 360
The U.S. government is the single largest consumer of goods and services in the world. The company partners with thousands of contractors through procurement contracts, purchasing everything from off-the-shelf products to raw materials and aircraft engines, landscaping services and advanced weapons systems, and virtually everything in between. I am.read more here (Subscription required).
Presentation on upcoming government contracts
Webinar: FAR Part 17: Special Contract Methods; Isaias “Sai” Alba IV, March 22, 2024.read more here.
Webinar: Unraveling the secrets of debriefing, evaluating government proposals and protests; Katherine B. Burrows, Eric Vallée, March 28, 2024.read more here.
Webinar: Contracting and subcontracting for small and medium-sized enterprises; Isaias “Sai” Alba IV, April 19, 2024.read more here.
bid protest
Court of Claims Grants Protest to $282 Million USPS Telematics Transaction, law 360
A judge on the Court of Federal Claims refuses to dismiss a vehicle tracking technology company's challenge to the U.S. Postal Service's $281.8 million contract for vehicle telematics systems, saying the company must first exhaust agency-level remedies or face lawsuits. rejected the USPS's argument that it cannot causeread more here (Subscription required).Opinions are available here.
construction
Military subcontractors say their partners tried to take away their work; law 360
A federal subcontractor tasked with building a secure facility for the Marine Corps on Friday accused a former partner of intentionally undermining its construction work with the intent of “stealing” related contracts, leaving its own subcontractors with a 7 million-dollar contract. He sued for $.read more here (Subscription required).Complaints are available here.
Corporate governance and organizational governance
Corporate Transparency Act Update for Government Contractors and Commercial Enterprises: Constitutionality, Immunities, and Substantive Control; PilieroMazza client alerts, Megan F. Lemon, Paul H. Tracy
The Corporate Transparency Act (CTA), which went into effect on January 1, 2024, has significant implications for government contractors and commercial businesses. This client alert summarizes recent developments in the CTA, including constitutionality, physical office requirements, unmanned joint ventures, and substantive controls, to help companies comply and avoid severe enforcement penalties. If the business entity is established after January 1, 2024 and is not covered by any of the exemptions, he must file his first BOI report within 90 days from the effective date of the creation or registration of the business entity. need to do it. This is particularly important for joint ventures established after January 1, 2024. read more here.
5th Circle Blocks SEC climate reporting regulations for now; law 360
The Fifth Circuit Court of Appeals on Friday issued an administrative stay order temporarily blocking the U.S. Securities and Exchange Commission from implementing new emissions reporting requirements in response to a challenge by oil and gas company Liberty Energy. here (Subscription required).
False Claims Act
Department of Justice (DOJ) Press Release: Argus Information & Advisory Services agrees to pay $37 million to resolve allegations that it misused data obtained under government contract
Argus Information & Advisory Services, Inc. (Argus) is filing a $3,700 lawsuit in the United States to resolve claims under the False Claims Act and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) relating to alleged unauthorized access by Argus. agreed to pay $10,000. We use and maintain anonymized credit card data that we receive pursuant to agreements with various federal regulatory agencies, including the Office of the Comptroller of the Currency (OCC), the Federal Reserve Board (FRB), and the Consumer Financial Protection Bureau. (CFPB).read more here.
labor and employment
Department of Labor (DOL) regulations: Semi-annual regulatory agenda
On March 14, the DOL released its Semi-Annual Regulatory Agenda, which summarizes and describes the regulations in development. Notable regulations include:
- Rule proposal stage
- Defining and scoping exemptions for executives, managers, professionals, foreign employees, and computer employees
- Strengthening the national apprenticeship system
- final rule stage
- Classification of employee or independent contractor under the Fair Labor Standards Act
Department of Labor (DOL) News Release: DOL releases study on the continuing economic impact of occupational segregation and wage disparities for Black and Hispanic women
On March 12, the DOL released a new study revealing that black women lost $42.7 billion in wages compared to white men in 2023, and Hispanic women lost $53.3 billion in wages. . These losses are driven solely by the fact that black and Hispanic women are disproportionately concentrated in jobs that pay, on average, lower wages than white men.read more here.
OPM's Labor-Management Forum guidance represents a new frontier in union policy. government executives
Federal agencies are expected to embrace the return of cooperative councils in which federal employee unions consider future workplace policies and potentially measure the forum's impact on employee engagement, agency performance, and cost savings. Ru.read more here.
Presentation on future labor and employment
PM Webinar: New wave of pay transparency requirements impact employers and federal contractors Sarah L. Nash, Sarah N. Strosser, April 4, 2024.read more here.
Webinar: From compliance to competitiveness: Revised DBA rules will reshape the working environment for construction contractors. Nicole D. Atala, Sarah L. NashApril 5, 2024. here.
Seminar: CMMC latest information Nicole D. Atala, Daniel Figenick III, April 8, 2024.See more here.
Employee incentive and bonus plans
Unlocking the potential of phantom equity: incentive and compensation strategies to attract and retain top talent; Piliellomazza's blog, Abigail “Abby” L. Baker, Sarah L. Nash, robert troiano
Dealing with employee incentives can be complex, especially when considering non-traditional compensation methods. Phantom stock, also known as synthetic equity, provides a unique solution for business owners who want to incentivize and retain key talent without transferring ownership of the company. Below, PilieroMazza's attorneys answer frequently asked questions about the nature of phantom stocks and outline their structure, benefits, and strategic considerations related to this valuable tool for attracting and retaining top talent. . read more here.
Litigation and dispute resolution
Contractor seeks arbitration in $3 million Guam military base dispute; law 360
Electrical contractor petitions federal court in Guam to order the California-Japanese joint venture it hired for a U.S. military facility improvement project to arbitrate a dispute related to nearly $3 million in allegedly unpaid costs. Ta.read more here (Subscription required).
Circumvention attempts do not disable service, 3rd Cir. Said, law 360
A consulting firm suing a construction company for failing to pay for services in connection with a separate lawsuit against the U.S. Department of Veterans Affairs told a Third Circuit panel Wednesday that a principal allegedly tried to evade services. He said that he had served the process on the defendant despite the fact thatread more here (Subscription required).
REA, Claims, and Appeals
ServeFed, U.S. Army resolves contract performance evaluation dispute; bloomberg law
Serving Federal. In an order released Monday, the Contract Appeals Board says the company and the U.S. Army allege the company unfairly received an “unsatisfactory” performance review under a contract to provide medical staffing services at Fort Hood, Texas. announced that they had settled their appeal.read more here (Subscription required).
Future plans REA, Claims, and Appeals presentation
PilieroMazza Annual Review: Lessons learned from 2023 contract claims and appeals decisions will influence approach to litigation in 2024 lauren brier, Jonathan “John” R. Neri, April 18, 2024.read more here.
