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Small Business Administration (SBA) Final Rule: Women-Owned Small Business (WOSB) Federal Contract Program Updates and Clarifications
On December 4, SBA published a final rule adding definitions, conforming the regulations to current statutes, adopting similar language to other government contracting program regulations about requirements for the qualifying individual’s control of a concern and limits on outside employment, and changing the process by which an application for certification is reviewed to comply with the National Defense Authorization Act for Fiscal Year 2022. The rule is available here. Comments close January 3, 2025.
White House Urges Agencies to Boost Small Biz Contracting, Law360
The White House has urged federal agencies to more closely scrutinize federal contractors’ subcontracting plans and to standardize their forecasts of upcoming procurement opportunities, efforts it said were intended to boost small business participation in government contracting. Read more here (subscription required).
Upcoming Government Contract Presentations
SEMINAR: Small Business Contracting & Subcontracting, December 13, 2024, Meghan F. Leemon
TRAINING: Unlocking the Secrets of Debriefings, Government Evaluation of Proposals and Protests, January 9, 2025, Katherine B. Burrows, Eric Valle
TRAINING: Joint Ventures – A Roadmap for Small Business Government Contractors, January 15, 2025, Meghan F. Leemon, Aaron A. Kor
SEMINAR: Nuts, Bolts, and Beyond: To Be a Government Contractor, January 28, 2025, Eric Valle
TRAINING: Unlocking the Secrets of Debriefings, Government Evaluation of Proposals and Protests, February 5, 2025, Aaron A. Kor, Eric Valle
TRAINING: Joint Venture and Mentor-Protege Bidding Strategies, February 6, 2025, Peter B. Ford, Meghan F. Leemon
CONFERENCE: Subcontracting Essentials for 8(a) Contractors, February 12, 2025, Isaias “Cy” Alba, IV, Nichole D. Atallah, Meghan F. Leemon
TRAINING: Unlocking the Secrets of Debriefings, Government Evaluation of Proposals and Protests, March 6, 2025, Katherine B. Burrows, Eric Valle
TRAINING: Unlocking the Secrets of Debriefings, Government Evaluation of Proposals and Protests, March 13, 2025, Katherine B. Burrows, Eric Valle
Vance-Led Effort to Ban DEI in Corporate America Gains Traction, Bloomberg Law
A bill aiming to curb diversity, equity, and inclusion initiatives at businesses that hold federal contracts has gained new life just as Republicans are set to take control of both chambers of Congress and the White House. Federal contractors embracing DEI would risk losing bids. Read more here (subscription required).
NY Lawmaker Resumes Noncompete Ban Push as Federal Efforts Stall, Bloomberg Government
New York could become the focus of 2025 state-level efforts to expand prohibitions on noncompete clauses in employment contracts, after federal courts blocked a national ban. Read more here (subscription required).
Department of Labor (DOL) Notice of Proposed Rulemaking (NPRM): Employment of Workers with Disabilities Under Section 14(c) of the Fair Labor Standards Act (FLSA)
On December 4, DOL published an NPRM and request for comments regarding the development of regulations to allow DOL to issue certificates allowing employers to pay productivity-based subminimum wages to workers with disabilities, but only where such certificates are necessary to prevent the curtailment of opportunities for employment. Employment opportunities for individuals with disabilities have vastly expanded in recent decades, in part due to significant legal and policy developments. Based on that evidence, the Department has tentatively concluded that subminimum wages are no longer necessary to prevent the curtailment of employment opportunities for individuals with disabilities and thus proposes to phase out the issuance of section 14(c) certificates. The notice is available here. Comments close January 17, 2025.
Biden Administration Locks In WFH Rules for Some Federal Workers, Bloomberg News
A Biden administration appointee has agreed to lock in hybrid work protections for tens of thousands of Social Security staff, part of a slew of organized labor efforts that complicate President-elect Donald Trump’s efforts to reshape the federal workforce. Read more here (subscription required).
Upcoming Labor & Employment Presentations
TRAINING: Labor Rules & Regulations: Federal Market Compliance, December 11, 2024, Sarah L. Nash
TRAINING: Labor Rules & Regulations: Federal Market Compliance, January 29, 2025, Nichole D. Atallah
CONFERENCE: Ins and Outs of the Service Contract Act for 8(a) Contractors, February 12, 2025, Nichole D. Atallah
TRAINING: Labor Rules & Regulations: Federal Market Compliance, February 26, 2025, Sarah L. Nash
NIST Issues Updated Cyber Guides Focused on Assessments and Communication, NextGov/FCW
The National Institute of Standards and Technology issued two new updates to its existing literature on gauging the efficacy of organizations’ cybersecurity protocols, addressing both the selection and maintenance of a proper cybersecurity program depending on organizational needs. Two new volumes aim to broaden the publication’s applicability to organizations outside federal agencies. Read more here.
House Passes Agency Software Licensing Bill, Government Executive
The House passed a bipartisan proposal with new transparency requirements for government software spending. Dubbed the Strengthening Agency Management and Oversight of Software Assets—or SAMOSA—Act, the bill would require agencies to complete a comprehensive assessment of their software and make a plan to consolidate their software licenses and adopt enterprise licenses. It’s backed by Rep. Matt Cartwright, D-Pa., and 20 co-sponsors. Read more here.
H.R. 9566, SHARE IT Act, Passed House
On December 4, H.R. 9566 passed in the House of Representatives. This Bill was introduced to the House Oversight and Accountability Committee by Rep. Langworthy (R-NY-23) on September 12, 2024. If enacted, this bill will require federal agencies to ensure custom-developed code and technical components are owned by the agency, stored at either one public repository or a private repository and is accessible to federal employees under certain procedures. These requirements do not apply to classified, national security, or intelligence source code. The full text of the bill as introduced in the House is available here.