New Infrastructure Bill and Its Impact on Disadvantaged Business Enterprises in the Construction Industry
The Infrastructure Investment and Jobs Act ( the Bill )—which makes a portion of its $1.2 trillion available for surface transportation projects—currently awaits signature from President Biden and will have significant impacts for construction contractors participating in the Department of Transportation’s (DOT) Disadvantaged Business Enterprises (DBE) Program. The Bill addresses aid to federal highways, transit, highway safety, motor carrier, research, hazardous materials, and rail programs. DOT’s DBE Program permits states to set up DBE programs, in compliance with DOT standards, that promote . . . Read More
5 Things Every Contractor Should Know About the Contract Disputes Act
The well-worn adage that “you can’t fight City Hall” does not apply to federal government contractors. The Contract Disputes Act (CDA) provides the statutory framework governing contract disputes between contractors and the government. Although it is embodied in every government contract, its seemingly endless nuance and nearly 50 years of case law interpretation, can leave even the most experienced contractor confused at times. To prevent further confusion around the CDA, attorneys from PilieroMazza’s Government Contract Claims & Appeals Group offer . . . Read More
How Government Contractors Can Mitigate Potential Impacts of a Government Shutdown
As of this writing, and in the absence of a continuing resolution being enacted by Congress, there will be a shutdown of most government operations on October 1, 2021. It is not clear whether the House and the Senate will be able to pass a continuing resolution before that date. PilieroMazza summarizes below steps government contractors should consider to prepare for and mitigate damages arising from a government shutdown. We also identify important labor and employment issues that contractors should keep . . . Read More
Making a Good Faith Effort: The Recent Update to FAR Subcontracting Plan Regulations
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration recently published a final rule that amends the Federal Acquisition Regulation (FAR) to better explain how contracting officers should evaluate “good faith efforts” on the part of prime contractors to comply with their small business subcontracting plans. These explanations were already included in Small Business Administration (SBA) regulations through a final rule published on November 29, 2019. But, the FAR amendments will allow contracting officers to more easily determine when and . . . Read More
DOD Issues Class Deviation Making Limitations on Subcontracting Compliance More Uniform
As we previously wrote , the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule was recently revised to more closely mirror the U.S. Small Business Administration’s (SBA) LOS regulation. However, because the changes to the FAR do not account for more-recent revisions to SBA’s LOS rule, inconsistencies between the two sets of regulations remain. Recognizing this disconnect, the Civilian Agency Acquisition Council has released a memorandum authorizing civilian agencies to issue FAR class deviations to better align the FAR’s and . . . Read More
Watch Your Step: Avoiding False Claims Act Violations from Limitations in Subcontracting and Performance of Work Requirements
Members of the government contracting community are familiar with the contracting opportunities offered specifically to small and disadvantaged businesses. The availability of small business contracts and set-aside contracting opportunities through the U.S. Small Business Administration’s (SBA) 8(a), Mentor-Protégé, and various set-aside programs (such as those available for service-disabled veteran-owned small businesses or women-owned small businesses), offer important opportunities for small businesses to grow without competing against mega companies with endless resources. However, certain requirements for performing contracts under these programs . . . Read More
Jury Convicts Former NASA Subcontractor of Fraud: A Warning Regarding Wire Fraud for Government Contractors
In the government contracting sphere, being able to qualify for one or more of the U.S. Small Business Administration’s (SBA) small business set-aside programs or self-certify as a small business can help open doors to new contracting opportunities for companies without having to compete against billion-dollar businesses. But making a false certification of size or status to participate in these programs or bid on set-aside contracts can cause problems for your business and may even lead to criminal liability. A . . . Read More
President Biden Issues Unprecedented COVID-19 Requirements for Private Employers and Government Contractors on National Scale
On September 9, 2021, the Biden Administration announced sweeping updates to its national strategy to combat COVID-19. The updates come less than a month after the Food and Drug Administration fully approved the Pfizer-BioNTech vaccine and as the country continues to experience a rise in COVID-19 cases. Below is PilieroMazza’s summary of key updates to the Biden Administration’s vaccination plan, along with pending items for employers to watch. Employers with 100+ Employees Will Be Required to Ensure Vaccination or Weekly . . . Read More
The FAR’s Revised Limitations on Subcontracting: What You Need to Know
On August 11, 2021, the Federal Acquisition Regulatory Council (FAR Council) issued a final rule revising and standardizing the limitations on subcontracting (LOS), including the nonmanufacturer rule, that apply to small business concerns under Federal Acquisition Regulation (FAR) part 19, more closely aligning them with Small Business Administration (SBA) regulations. The final rule becomes effective today, September 10, 2021, and is summarized in more detail below. The FAR Council’s long-awaited LOS rule finally addresses major differences that had existed between SBA’s regulations . . . Read More
DOD Proposes to Amend DFARS to Implement Trump-Era Buy American Act Executive Order
The Department of Defense (DOD) issued a proposed rule on August 30, 2021, that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to align the Buy American Act (BAA) domestic content requirements in the DFARS with the recently revised requirements in the Federal Acquisition Regulation (FAR). Trump Administration Executive Order (EO) 13881, “ Maximizing Use of American-Made Goods, Products, and Materials ,” provided for significant changes to BAA requirements. The EO directed the Federal Acquisition Regulatory Council (FAR Council) to consider proposing amendments to the FAR that would provide . . . Read More