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BUSINESS & TRANSACTIONS / GOVERNMENT CONTRACTS
Corporate Transparency Act, Part 3: Filing Extensions for Businesses Affected by 2024 Hurricanes, PilieroMazza Client Alert, Meghan F. Leemon, Abigail “Abby” L. Baker, Cole R. Fox
The Financial Crimes Enforcement Network (FinCEN) announced a significant relief measure under the Corporate Transparency Act (CTA) for businesses affected by five hurricanes impacting the U.S. in 2024. Hurricane relief extends the deadline for submitting a Beneficial Ownership Information Report (BOIR) by six months for companies that meet specific criteria. Please visit this link for Part 1 and this link for Part 2 in this series. Read more here.
PilieroMazza Earns Best Law Firms® Recognition for Excellence in Labor & Employment Litigation, PilieroMazza News, Nichole D. Atallah, Matthew E. Feinberg
PilieroMazza is honored to be listed among the Best Law Firms ® for its work with clients in the area of Litigation – Labor and Employment. Each year, Best Law Firms® recognizes law firms that demonstrate exceptional legal expertise, unwavering professionalism, and a commitment to client success. Commenting on the ranking, Nichole Atallah and Matt Feinberg, leaders of the team, said: “We are very pleased and thankful to be honored for our hard work for clients facing Labor and Employment litigation. Read more here.
Upcoming Labor & Employment Presentations
CONFERENCE: ABCs of the SCA: Critical Path Service Contract Act Training for Contractors, November 20, 2024, Nichole D. Atallah, Sarah L. Nash
TRAINING: Labor Rules & Regulations: Federal Market Compliance, December 11, 2024, Sarah L. Nash
Upcoming Construction Presentations
CONFERENCE: Building Bridges Between Stakeholders to Improve Project Outcomes, November 21, 2024, Lauren R. Brier
CONFERENCE: Building Confidence: Demystifying Payment and Performance Bonds, November 22, 2024, Jessica A. duHoffmann
Trump Administration’s Proposed Tariffs: How Can Government Contractors Prepare?, PilieroMazza Blog, Lauren Brier, Abigail “Abby” Finan
While on the campaign trail, President-elect Trump spoke of implementing tariffs. How will government contractors be affected if the upcoming Trump administration enacts its proposed tariffs in 2025? Contractors offering goods to the government should (1) be alert to the possibility that proposed tariffs could increase their cost of performance, (2) factor increased cost and performance risks into their bids and proposals, and (3) ensure appropriate communications with subcontractors to lock-in particular quotes and scheduling to the extent necessary. Read more here.
Washington Post Quotes PilieroMazza’s Tony Franco: Minority-Owned Firms Fear ‘Crisis’ As Affirmative Action Programs Fall, PilieroMazza News, Antonio R. Franco
In a seismic shift, a series of court rulings have held that some of the federal government’s largest diversity programs violate the Constitution’s guarantee of equal protection, often citing the Supreme Court’s 2023 decision to overturn race-conscious college admissions. As a result, key agencies have dropped race and gender preferences born in the civil rights era and intended to level the playing field by setting aside billions each year in contracting dollars for minority- and women-owned firms. Read more here.
Federal Acquisition Regulation (FAR) Interim Rule:
- Clarification of System for Award Management (SAM) Preaward Registration Requirements: On November 12, Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published an interim rule and request for comments clarifying that offerors must be registered at the time of offer submission and at the time of contract award, but would not be required to be registered at every moment in between those two points. The rule is available here and is effective as of November 12, 2024. Comments close January 13, 2025. The Introduction is available here and the Small Entity Compliance Guide is available here.
- Prohibition on Unmanned Aircraft Systems from Covered Foreign Entities: On November 12, Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published an interim rule amending the FAR to implement a prohibition on the procurement and operation of unmanned aircraft systems manufactured or assembled by an American Security Drone Act-covered foreign entity. The rule is available here and is effective as of November 12, 2024. Comments close January 13, 2025. The Introduction is available here and the Small Entity Compliance Guide is available here
General Services Administration (GSA) Proposed Rule: GSA Acquisition Regulation (GSAR), Construction Labor Requirements for Lease Acquisitions
On November 6, GSA published a proposed rule and request for comments regarding a new section to the GSAR to adopt the amended definition for “public building or public work” as reflected in the Department of Labor’s Updating the Davis-Bacon and Related Acts Regulations final rule. The proposed rule will also include compliance with minimum wage and sick leave Executive Orders and requirements for leasehold acquisitions when a qualifying construction event occurs (which is defined in the proposed rule). The rule is available here. Comments close January 6, 2025.
SBA Initiates ‘Seismic Shift’ in Small Business Contracting, Federal News Network
Nearly four years after the Court of Federal Claims issued its landmark Tolliver decision around the use of the small business “rule of two” for all contracting actions, including almost all task order type contracts, the Small Business Administration took the first step into putting this ruling into regulations. Read more here.
Department of Defense (DOD) News Release: DOD Lays Out Plan to Implement National Defense Industrial Strategy (NDIS)
In January, DOD released the NDIS, a roadmap detailing priorities for strengthening the defense industrial base — the collection of private sector companies of all sizes responsible for building military hardware and weapons systems. On October 29, DOD released the NDIS Implementation Plan, which provides the details for how the goals set forth in the NDIS-IP can be achieved and mitigate risks to the DOD in the near, medium, and long term. Read more here.
Small Business Administration (SBA) Press Release: SBA Administrator Guzman Highlights Record Federal Contracting Certifications in FY24, Unveils Streamlined Certification Process for FY25
On November 4, SBA announced a single-year record for federal contracting certifications for FY24, in which the SBA certified more than 17,000 small businesses—a nearly 40 percent increase over FY23, across its certification programs for women, veterans, socially and economically disadvantaged businesses, and HUBZones. Further, the SBA also announced that its new MySBA Certifications online platform is live and accepting applications. The announcement comes as the Administrator proposes a new procurement rule to further supercharge small business participation in government contracting by expanding the number of small business set aside opportunities. The proposed rule, “Small Business Contracting: Increasing Small Business Participation on Multiple Awards,” expands the ‘Rule of Two’ to multiple-award contracts. Read more here.
Upcoming Government Contract Presentations
TRAINING: Unlocking the Secrets of Debriefings, Government Evaluation of Proposals and Protests, November 21, 2024, Katherine B. Burrows, Eric A. Valle
TRAINING: Mergers & Acquisitions in Government Contracting: Novations and Recertification, December 10, 2024, Isaias “Cy” Alba, IV, Cole R. Fox
SEMINAR: Small Business Contracting & Subcontracting, December 13, 2024, Meghan F. Leemon