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General Business Government Contracting

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Recertifications of Size or Status: What Contractors Need to Know

by PilieroMazza PLLC on

Financial growth and success are important goals for every small business contractor. However, one potential pitfall of that success and continuous growth is eventually exceeding of the size standards attached to your...more

Stays of Contract Award and Performance (Pre-Award Protest Primer #6)

Today we’ll discuss stays of award and performance during the pendency of a bid protest. There are two kinds of protest stays: pre-award stays and post-award stays. Although the former are outside the scope of this primer,...more

Comments on Notice–MV–2017–01, Evaluation of Existing Acquisition Regulations

by PilieroMazza PLLC on

The U.S. General Service Administration’s (“GSA”) is seeking input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales programs,...more

SBA Seeks Comments on Reducing Unnecessary Regulatory Burden

by PilieroMazza PLLC on

On August 15, 2017, the U.S. Small Business Administration (“SBA”) released a request for information (“RFI”) seeking input from the public as to which SBA regulations should be repealed, replaced, or modified because they...more

When is an Unforeseen Condition a “Differing Site Condition”?

by Gray Reed & McGraw on

Many construction contracts contain some version of a “differing site conditions” clause. It is found in the current version of AIA’s A201 general conditions, as well as in the EJCDC equivalent. It also appears in most...more

House Wants Uncle Sam To Purchase COTS Items From Amazon And Other Online Sellers

The House version of the 2018 National Defense Authorization Act (“NDAA”) (passed July 14, 2017) includes key provisions that would radically change the way the Government purchases certain commercial items, and it may result...more

Weekly Update Newsletter - August 2017 #2

by PilieroMazza PLLC on

FEDERAL AGENCIES - “Defense Federal Acquisition Regulation Supplement: DFARS Subgroup to the DoD Regulatory Reform Task Force, Review of DFARS Solicitation Provisions and Contract Clauses.” Federal Register, August 10,...more

Cross claims, counterclaims and set-offs from another construction contract - Permissible in an adjudication?

by Dentons on

It is commonplace in our local building and construction market for the same parties to enter into multiple contracts for different projects. However, what happens if a main contractor has valid backcharges under Project A...more

Weekly Update Newsletter - August 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - “SBA Launches New HUBZONE Maps and Partners with U.S. Digital Service to Streamline and Enhance Online Services for Small Businesses” U.S. Small Business Administration Press Release, July...more

Do I Need to Recertify My Company’s Size for this Task Order?

by PilieroMazza PLLC on

In the small business government contracting world, one of biggest advantages to winning a GWAC, like Alliant, CIO-SP3, OASIS or SEWP, is that you will be considered a small business for the contract and any orders awarded to...more

Applicability of the Buy American Act and Trade Agreements Act

President Trump made headlines in April by signing an Executive Order urging federal agencies to “Buy American and Hire American.” While this Order makes no substantive legal changes and, for now, appears to be more bark...more

Game Winning Strategies to Ensure Your JV Performs at the Varsity Level

by Baker Donelson on

Although the air may not be cool and crisp yet, it is August, and in the South, that means football season is just around the corner. Perhaps it is “football brain” that drove our thoughts in presenting recommendations for...more

AFRICA - A Legal Guide for Business Investment and Expansion: Kenya

1. What role does the government of Kenya play in approving and regulating foreign direct investment? There is no regulation on foreign direct investment in Kenya except in specific sectors where state corporations have a...more

You Cannot Have it Both Ways: Missouri Appellate Court Holds City Cannot Bring a Complaint for Breach of a Contract and Plead in...

by Pepper Hamilton LLP on

City of Dardenne Prairie v. Adams Concrete & Masonry, LLC, No. ED104982, 2017 Mo. App. LEXIS 533 (Mo. Ct. App. May 30, 2017) - This case arises out of a construction project in which the City of Dardenne Prairie (the...more

The Financially Distressed Subcontractor on a Government Contract: What a Prime Contractor Should Do to Protect the Project and...

Some bankruptcy experts predict an increase in business failures for government contractors in the coming years. Increased demands and constraints on government spending will stress both prime contractors and subcontractors....more

Ukraine: Draft Changes to PPA for Renewables

by Dentons on

Please be informed that on 25 July 2017 National Commission on State Regulation of Energy and Utilities in Ukraine (the “Regulator”) has adopted the draft changes to the template (prymirnyy) PPA between producers of...more

SC utilities to suspend nuclear construction

by PretiFlaherty on

Two South Carolina utilities have announced their decisions to cease work on two new nuclear units under construction at the V.C. Summer Nuclear Station in Jenkinsville, South Carolina. The project to develop Units 2 and 3...more

Double Whammy for United Healthcare: Two False Claims Act Cases in Two Weeks

by Michael Volkov on

The False Claims Act is the government’s weapon of choice in fighting healthcare fraud. In the beginning of the Obama Administration, Congress amended the False Claims Act and enacted a wish list from DOJ prosecutors. ...more

New competition register enters into force

by White & Case LLP on

On July 29, 2017, the Act Introducing a Register for Competition (Wettbewerbsregistergesetz – WregG, "Competition Register Act") will enter into force. Companies violating competition or other rules must or can be excluded...more

Austerity and long-term PFI/PPP contracts: a recipe for disputes?

by Dentons on

Nearly a decade after the 2008 economic downturn, the age of austerity continues. With 18 months of Brexit negotiations and economic uncertainty ahead, cash-strapped public bodies are likely to see further decreases in their...more

PilieroMazza Legal Advisor - Third Quarter 2017

by PilieroMazza PLLC on

In this Issue: - The All Small Mentor/Protégé Program, One Year Later: Lessons Learned and a Key Milestone - Protecting Your Employees and Confidential Information when Working with Teaming Partners -...more

Weekly Update Newsletter - July 2017 #3

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - “Proposed Information Collection Request; Federal Contractor Veterans' Employment Report VETS-4212.” Federal Register, July 18, 2017. Retrieved from federalregister.gov. The Veterans'...more

No Company is an Island – Part 1: Subcontractor Affiliation

by Williams Mullen on

Government Contractors often determine that going it alone is not the best business decision. Whether a small business trying to break into a new industry or a large business seeking niche expertise to support a particular...more

Pay Attention to Your Surroundings: Contractor Denied Recovery for Differing Site Conditions Where Condition was Well-Known in the...

The Civilian Board of Contract Appeals (“Board”), the court with jurisdiction over the General Services Administration and other non-defense executive agencies, denied a contractor’s claim for increased labor and equipment...more

Do the Proposed Changes to SBA’s HUBZone Program Go Far Enough?

by PilieroMazza PLLC on

H.R. 3294, the HUBZone Unification and Business Stability Act of 2017, proposes several changes to the HUBZone program that are intended to reduce certification timelines, stabilize the program, and collect and report on...more

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