SBA Adopts Critical Rule Change on Small Business Recertification: Tweaking Its “Technical Correction”
As we recently highlighted , on October 16, 2020, the U.S. Small Business Administration (SBA) enacted a final rule (Rule) that merges the 8(a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé Program and makes a number of other significant changes that impact the small business contracting community. One modifies SBA’s recertification rules and will directly affect a contractor’s ability to pursue options and orders set aside under pre-existing contracts. SBA’s regulations require a concern to recertify its small business size / socio-economic . . . Read More
WOSB Certification Required Beginning October 15 – Are You Ready?
As a reminder, beginning on October 15, 2020, all women-owned small businesses (WOSBs) and economically disadvantaged women-owned small businesses (EDWOSBs) pursuing WOSB/EDWOSB set-asides, as well as solicitations with pools reserved for WOSBs/EDWOSBs, must be certified as a WOSB/EDWOSB, either by SBA or a third-party certifier. The application for certification by SBA is free and may be completed at beta.certify.sba.gov . Beginning October 15, if you have not completed the certification application, this will impact your ability to bid on WOSB/EDWOSB set-aside . . . Read More
BLOG: 5 Things to Know When Protesting an Award
The end-of-fiscal-year spending spike has federal agencies issuing more notices of award, leaving many disappointed offerors keen to file protests. Post-award protests are subject to strict timelines, so you need a plan if you receive an unfavorable notice of award. Below are 5 key things government contractors need to know when protesting an award. Ask yourself whether you have grounds to file a size protest or a bid protest. Generally, the strongest protest grounds pertain to: evaluation that is inconsistent . . . Read More
OFCCP Audits Are Coming: 6 Tips to Help You Prepare
The Office of Federal Contract Compliance Programs (OFCCP) just released its FY 2020 lists of Supply & Service and Construction contractors the agency expects to audit (see FY 2020 CSAL Supply & Service and FY 2020 CSAL Construction). With enforcement a primary goal of OFCCP, preparing for an audit is key. If your company is on the list, PilieroMazza’s Labor & Employment team suggests you follow these 6 tips to properly prepare for an OFCCP audit to avoid potential penalties . . . Read More
Court Vacates Key Parts of DOL “Joint Employer” Rule Months After Implementing
On September 8, 2020, the Southern District of New York struck down a recent Department of Labor (DOL) final rule that changed the standard of joint employment under the Fair Labor Standards Act (FLSA). The court determined that the rule conflicted with the FLSA and that the DOL did not properly justify the new change in policy. This decision will expose more companies to potential liability under the FLSA and increase the number of businesses that qualify as joint employers, such as those who . . . Read More
New Minimum Wage Requirements for Government Contractors May Impact Price Adjustments
Effective January 1, 2021, the Executive Order (the Order) minimum wage rate that generally must be paid to workers performing work on or in connection with covered government contracts will increase to $10.95 per hour, while the required minimum cash wage that generally must be paid to tipped employees performing work on or in connection with covered contracts will increase to $7.65 per hour. Each year, the Department of Labor (DOL) assesses the established minimum wage and, using determined methodology, announces an . . . Read More
FAR Council Issues New Interim Rule on Section 889 Prohibitions on Using Chinese Telecommunications and Video Surveillance Equipment
If you have not viewed PilieroMazza’s prior client alert and webinar on the implications of the new prohibition on the use of certain Chinese telecommunications and video surveillance equipment, we highly recommend you do so before reading this article as it will provide helpful background and information which we will not rehash in this article. You can find that content here and here , respectively. The FAR Council released a new interim rule , effective October 26, 2020, allowing federal contractors who already certified in . . . Read More
Certain SBA Loan Review Decisions Under Paycheck Protection Program Appealable
Millions of small businesses applied for and received loans under the Paycheck Protection Program (PPP), which was a temporary program established under the CARES Act enacted by Congress to provide relief to America’s small businesses due to the devastating effects of COVID-19. But some businesses were denied loans and others are seeking forgiveness, only to find that they were deemed ineligible for full or partial forgiveness. A new rule may provide small businesses with options to appeal these decisions. An . . . Read More
BLOG: When FAR Procurements Combine, Is a Debriefing Required?
PilieroMazza attorneys are frequently contacted by government contractors soon after they learn that their proposal was not selected for award, with the contractor considering whether or not to file a bid protest. If the contractor wants to pursue its post-award protest before the Government Accountability Office (GAO), an important question that needs to be answered is whether a debriefing is required? Determining whether a debriefing is required is imperative to determining whether or not the contractor can rely upon the . . . Read More
DOD Receives Section 889 Waiver from Director of National Intelligence
On August 12, 2020, Director of National Intelligence John Ratcliffe issued a memorandum to the Department of Defense (DOD) that waives DOD’s requirements under Section 889 of the National Defense Authorization Act for Fiscal Year 2019. The Federal Register published an interim rule on July 14, 2020, that implemented Section 889, which prohibits agencies from procuring telecommunications equipment and services from Huawei Technologies Company, Hangzhou Hikvision Digital Technology Company, Hytera Communications Company, Dahua Technology Company, and ZTE Corporation. The DOD originally released a . . . Read More