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Weekly Update Newsletter - March 2015 #3

GOVERNMENT CONTRACTS - The Under Secretary of Defense Issues Memorandum Regarding the Appropriate Use of LPTA Source Selection Process and Associated Contract Type - The Under Secretary of Defense for...more

Upcoming New Jersey Pay-to-Play Filing: Due March 30, 2015

Any business entity holding contracts in 2014 that, in the aggregate, totaled more than $50,000 with state agencies, the legislature, counties, municipalities, school boards and fire districts in New Jersey must...more

GAO Allows New Company to Rely Upon Owner’s Personal Past Performance

Newly-organized small businesses often struggle to establish adequate past performance to successfully compete in the federal marketplace. Fortunately, in the matter of Recogniti, LLP, B-410658 (January 21, 2015), GAO ruled...more

[Event] The Aerospace & Defense Forum: Cross-Border Opportunities in Mexican Aerospace - Mar. 24, San Diego, CA

The objective of this panel is to provide practical insights and guidance to U.S. aerospace firms doing business in Mexico, both as an end market, as well as a source of operating and business advantages. Our panel will...more

Legislative and Regulatory Update for Small Businesses

In This Presentation: - Small Business Mentor-Protégé Program - Joint Venture Changes - Kingdomware Decision - Changes to Limitations on Subcontracting - Rotech Decision -...more

Protecting an LLC From A Wayward Member While Maintaining SBA Eligibility

When creating a limited liability company (“LLC”), members are often so concerned with getting the company established–and anticipating problems that may arise with third parties, be it suppliers or customers–that they fail...more

February Whistleblower News Digest: Ethical Culture Builds Foundation of Your Whistleblower Hotline Program

Given the popularity of our FCPA Compliance Digest and the abundance of whistleblower-related news, here are the top whistleblower stories for February. Read on to the end for access to an exclusive resource to help you build...more

Calling All Government Contractors: Upcoming Pennsylvania Political Contribution Disclosure Form

For government contractors, the start of a new year brings with it a host of filing requirements in many states along the Northeast Corridor. Although some states (such as New York and Connecticut) do not impose annual or...more

SBIC Investment: A Potential Source of Capital for Government Contractors

Owners of privately-held businesses generally finance their businesses with their own capital, augmented with bank loans. An additional source of funding for government contractors is available from Small Business Investment...more

Caught in the Middle: What Is a Supplier Supposed to Do When Its Customers Ask to Use a DBE as a Pass-Through?

Suppliers are caught in the middle of a new enforcement trend in federal, state, and local investigations of disadvantaged business enterprise (DBE) fraud. Historically, DBE fraud investigations have focused on the...more

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

Canada Lays Corruption and Fraud Charges Against SNC-Lavalin

On February 19, 2015, the RCMP laid corruption and fraud charges against the SNC-Lavalin Group Inc., its division SNC-Lavalin Construction Inc., and its subsidiary SNC-Lavalin International Inc. under section 3(1)(b) of the...more

Disruptive Changes on the Horizon for Federal COTS Software Supply

Action Item: Firms making commercial off-the-shelf ("COTS") software sold to the federal government, or reselling COTS software to the federal government, should respond to the SBA’s recent proposed rule or risk a loss of...more

Frequently Asked Questions on the U.S. Government’s National Action Plan on Responsible Business Conduct

On February 12, the U.S. Department of State released a set of “Frequently Asked Questions” (“FAQs”) with regard to the U.S. Government’s efforts to develop a National Action Plan on Responsible Business Conduct. The plan is...more

State and Local Taxation: Headline News and Trends

In This Presentation: - Megatrends and Developments - Business Activity Taxes - Transaction Taxes - Other Issues - Excerpt from Megatrends and Developments: PRIVATE LAWSUITS. CHOOSE...more

Weekly Update Newsletter - January 2015 #3

GOVERNMENT CONTRACTS - DoD Issues Proposed Rule to Amend DFARS Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR) (DFARS Case 2014-D015) - The Department of Defense (DoD) issued a...more

Blog: Opportunities for Small Businesses in the Government Market

The US Government is the single largest purchaser of goods and services in the world, and its annual goal is to award 23% of its prime contract dollars to small businesses. For fiscal 2013, that amounted to nearly $84...more

Never Let Them See You Coming—Keys to Setting Up Witnesses Interviews In An Internal Investigation

“So you are the great lawyer I’ve been told about!  But, you are so young!  I was expecting an old lawyer.” With those words, the silver-haired senior-level executive of the customs broker I was investigating for bribery let...more

SBA Proposes Changes to Limitations on Subcontracting and Other Rules

On Dec. 29, 2014, the Small Business Administration (SBA) issued a long-awaited rule to implement certain provisions of the National Defense Authorization Act of 2013 (NDAA). A summary of the NDAA's small business provisions...more

Implied Waiver of Privilege in Internal Investigations: Barko Court Compels Production of Internal Investigation Documents, Again

On November 20, 2014, the District Court for the District of Columbia once again ordered Kellogg, Brown and Root (“KBR”) to produce all documents prepared as part of an internal investigation.  The District Court’s decision...more

A Cautionary Tale for Small and Large Businesses in a Mentor-Protégé Relationship: Size Appeal Of Kisan-Pike

On November 24, 2014 the Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) found that a mentor-protégé joint venture agreement between Kisan Engineering Company P.C. (“Kisan”), a small 8(a)...more

Changing Basic Rules of the Game: CMS Proposed Rule Relating to ACO Governance and Contracting

The Centers for Medicare and Medicaid Services released a new proposed rule for Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program (MSSP). This advisory expands upon our initial...more

Pennsylvania Court Holds Pending and Prior Litigation Exclusion Applicable to Unserved False Claims Complaint

In its recent decision in AmerisourceBergen Corp. v. Ace Am. Ins. Co., 2014 PA Super 198 (Pa. Super. Sept. 15, 2014), the Superior Court of Pennsylvania, an intermediate Pennsylvania court, had occasion to consider the...more

GAO Issues Preliminary Report on Challenges in Auditing Large Partnerships

The Government Accountability Office (“GAO”) recently issued a preliminary report on the challenges in auditing large partnership returns, a copy of which is available here. The GAO issued an interim report earlier this year...more

Senate Commerce Committee Passes Manufacturing Bill

On April 9, the Senate Committee on Commerce, Science, and Transportation passed the Revitalize American Manufacturing and Innovation (RAMI) Act of 2013, which aims to grow U.S. manufacturing by strengthening the...more

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