Patrick Rothwell

Patrick Rothwell

PilieroMazza PLLC

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Decision: Agencies Are Not Required to Accept Size Standards Increased After Solicitation is Issued

Recently, the U.S. Court of Federal Claims issued the decision in Orion Construction Co. v. United States, No. 15-1505C (Fed. Cl. April 1, 2016) which is a cautionary tale for all small business offerors regarding the risk of...more

4/25/2016 - NAICS SBA Small Business Solicitation

Time for A Check Up of Your Firm's Compliance with Government Contracting Standards

Some of you may recall that, back in the 1970s, the legendary actor John Wayne appeared in public service announcements urging people to undergo a “check-up.” Now that the New Year has begun, it is a good time for small...more

2/26/2016 - Annual Assessments Corporate Taxes Federal Acquisition Regulations (FAR) Federal Contractors SAM SBA Small Business

PilieroMazza Legal Advisor - First Quarter 2016

Business & Corporate Law - REGULATORY ISSUES FOR ACQUISITIONS OF GOVERNMENT CONTRACTS BY NON-U.S. BUYERS - With the uptick in M&A transactions for government contractors, we have seen an increase in cross border...more

1/22/2016 - Acquisitions Cross-Border Transactions Cybersecurity DOL Government Contractors NISPOM Public Procurement Policies Regulatory Standards Supply Chain Wage and Hour

Constitutionality of 8(a) Program Reaffirmed

Earlier this year, a judge of the U.S. District Court for the District of Columbia reaffirmed the facial constitutionality of the 8(a) Program in response to a challenge by a small business owner, and he also rejected an...more

11/25/2015 - 8(a) Program Compelling Governmental Interest Due Process Equal Protection Federal Contractors Non-Delegation Doctrine Race Discrimination Small Business Strict Scrutiny Standard

OHA Clarifies Non-Manufacturer Rules For Procurements Conducted Under Simplified Acquisition Procedures

Last month, the SBA Office of Hearing and Appeals (“OHA”) issued a decision which has clarified that, as in the past, for procurements conducted under simplified acquisition procedures, offerors who wish to qualify as a small...more

11/23/2015 - Acquisitions Non-Manufacturer Rule (NMR) Office of Hearings and Appeals (OHA) Public Procurement Policies SBA Small Business

Ninth Circuit Eases Ability for Whistleblowers to Bring Qui Tam Actions

In an important development under False Claims Act (“FCA”) case law, the U.S. Court of Appeals for the Ninth Circuit has expressly abrogated former precedent limiting the ability of whistleblowers to recover funds reimbursed...more

8/10/2015 - False Claims Act (FCA) Fraud Original Source Public Disclosure Qui Tam Relators Subject Matter Jurisdiction Whistleblowers

Good News for Offerors who Provide Unique Low-cost Solutions to the Government

The author and playwright Clare Boothe Luce, known for her feline wit, is famously supposed to have said “No good deed goes unpunished.” While that remark may have had validity that in the 1930s New York café society, it...more

5/28/2015 - Bid Protests Bids Federal Contractors GAO General Services Administration (GSA) Solicitation

When A Protest Isn't A Protest

In her familiar soliloquy in Shakespeare’s Romeo and Juliet, while longingly looking out of her window, Juliet said of her new-found love, Romeo: “What’s in a name? That which we call a rose/By any other name would smell as...more

4/9/2015 - Bid Protests Court of Federal Claims Federal Contractors GAO General Solicitation

PilieroMazza Legal Advisor - First Quarter 2015

In this issue: - SBA Proposes Important New Small Business Contracting Rules - When Snow Days Impact Government Contracts: Balancing Inclement Weather and the FSLA - Planning Ahead to Get it Right for Your...more

2/23/2015 - Family Businesses FLSA LLC Small Business

The “Rule of Two” For Orders Placed Against Multiple Award Contracts: The Other Shoe Has Dropped

As many of you may recall, Congress passed the Small Business Jobs Act (“Act”), in July 2010. The purpose of the Act was to ameliorate the effects of the 2008 financial crisis and subsequent recession. Although the Act...more

1/12/2015 - Federal Acquisition Regulations (FAR) Federal Contractors GAO JOBS Act OFPP Rule of Two SBA Small Business

Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations

The U.S. Department of Veteran Affair's ("VA") Center for Veterans Enterprise (“CVE”) has a tough and sometimes thankless job. Its role is to serve as a “gatekeeper” for VA contracting programs for service-disabled,...more

12/3/2014 - Commercial Contracts Department of Veterans Affairs Due Process Federal Contractors Operating Agreements Right of FIrst Refusal SDVO Small Business

Skipping Intervention in a GAO Bid Protest Can Be a “Pound Foolish” Exercise

Virtually everyone agrees that bid protests before the U.S. Government Accountability Office (“GAO”) are valuable tools to ensure the integrity, fairness, consistency, and predictability of the federal procurement system....more

9/26/2014 - Federal Contractors Federal Procurement Systems GAO Motorola

An 8(a) Contracting Cautionary Tale’s Final Scene

Many may have fond childhood memories of their parents reading cautionary tales or poems to them before going to bed, such as Hilaire Belloc’s “Rebecca: Who Slammed Doors For Fun and Perished Miserably” or Shel Silverstein’s...more

7/29/2014 - Contractors False Claims Act (FCA) Fraud Quantum Meirut

PilieroMazza Legal Advisor - Third Quarter 2014

In this issue: - Avoiding Pitfalls with Restrictive Covenants in Employment Contracts - What Is Enough Consideration of Small Business Interests? – GAO Denies Protests Against GSA Consolidation of Small...more

7/23/2014 - Employer Liability Issues GAO Restrictive Covenants SBA Small Business

Recent Supreme Court Decision Reaffirms Tribal Sovereign Immunity for Commercial Activities Conducted Off-Reservation

In 1998, the U.S. Supreme Court confirmed that, absent a waiver or Congressional action to the contrary, the doctrine of tribal sovereign immunity applies to lawsuits arising from a tribe’s commercial activities, even if they...more

6/20/2014 - Casinos Indian Gaming Michigan v Bay Mills Indian Cmty SCOTUS Sovereign Immunity Tribal Governments Tribal Lands

Proposed FAR Amendment Would Greatly Expand Policing of Contract Employees for Personal Conflicts of Interest

People are people. As such, contract employees and self-employed subcontractors will inevitably create relationships with others based on common interests. Most of these relationships are, for purposes of this discussion,...more

4/17/2014 - Conflicts of Interest Disclosure Requirements Federal Acquisition Regulations (FAR) Federal Contractors Independent Contractors Non-Disclosure Agreement Subcontractors

SBA Issues Final Rules on the Use of Set-Asides for Multiple Award Contracts

On October 2, 2013, SBA issued its long-anticipated final rule addressing the use of set-asides on multiple award contracts and clarifying the regulations on bundling and contract consolidation. The final rule implements...more

10/7/2013 - Multiple Award Contracts NAICS SBA Set-Asides

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