Navigating Nondisplacement Rule Reboot for Government Contracts, Nichole Atallah for Law360
In her Law360 article “Navigating Nondisplacement Rule Reboot For Government Contracts,” Nichole Atallah , Chair of PilieroMazza ‘s Labor & Employment Group , examines President Biden’s executive order bringing back to life provisions of the 2009 Executive Order No. 13495 on the nondisplacement of qualified workers under service contracts. Visit this link to view the full article.
Court Enjoins Vaccine Mandate Nationwide: The Practical Implications for Federal Contractors
On December 7, 2021, the United States District Court for the Southern District of Georgia (District Court) issued a nationwide preliminary injunction preventing the federal government from enforcing Executive Order (EO) 14042 , which includes the vaccine mandate for federal contractors, during the pendency of legal proceedings. The District Court’s order, available here , follows a decision last week enjoining enforcement of EO 14042 in Kentucky, Ohio, and Tennessee. PilieroMazza ’s Labor & Employment Group addresses what government contractors should know in light of the District Court’s order to halt . . . Read More
OMB Releases Guidance to Advance Equity for Underserved Small Businesses in Federal Procurement
The Office of Management and Budget (OMB) released guidance on December 2, 2021, implementing Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities through the Federal Government” (EO). The EO directs agencies to readily make available federal contracting opportunities to all eligible vendors and to remove barriers preventing underserved individuals and communities from entering into procurement opportunities. Additionally, President Biden has set a goal to increase the share of contracts awarded to small, disadvantaged businesses (SDBs) to 15% by 2025. . . . Read More
Government Shutdowns for Federal Contractors: Mitigating Damages and Managing Your Workforce
Once again, the specter of a government shutdown looms over the federal contracting community. The House just passed a continuing resolution that would extend federal funding through February 18, 2022, and avoid a government shutdown on December 3, 2021. However, it is unclear whether it will be passed by the Senate due to objections over federal vaccine and testing mandate funding. As a result, there is a possibility that the continuing resolution will not pass the Senate by the December . . . Read More
SBA Proposes to Change Two Key Size Standard Calculations
The Small Business Administration (SBA) recently issued a proposed rule that would change two size standard calculations. First, SBA is proposing to use a 24-month period, as opposed to the current 12-month period, for calculating employees under employee-based size standards. Second, the proposed rule would allow companies in SBA loan programs to utilize a 5-year average or a 3-year average when calculating average annual receipts (AAR). Comments on these proposals are due by December 2, 2021. Below are key details regarding SBA’s . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – November 22, 2021
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . GOVERNMENT CONTRACTS GSA Polaris and the New SCRM Requirements: Supply Chain Risk May Put Your Proposal at Risk, November 22, 2021, Cy Alba With the release of GSA Polaris around the corner, one looming issue remains: Contractors may lose out on an award or, perhaps worse, they may find themselves without . . . Read More
Biden Administration Revives Nondisplacement of Qualified Workers Under Service Contracts
On November 18, 2021, the Biden Administration announced an executive order (EO) bringing back to life what was formerly EO 13495, Nondisplacement of Qualified Workers Under Service Contracts. The EO establishes that where a federal government contract subject to the Service Contract Act expires and a follow-on contract is awarded for the same or similar services at the same location, a successor contractor must grant a right of first refusal to the predecessor contractor’s employees (other than management and supervisory employees) before . . . Read More
CMMC 2.0: 7 Key Takeaways to Help Government Contractors Prepare
On November 4, 2021, the Department of Defense (DOD) dropped a bombshell press release stating it plans to retract the Cybersecurity Maturity Model Certification (CMMC) 1.0 and replace it with a simplified, streamlined 2.0. The press release does not explain how DOD plans to simplify and streamline CMMC, but an Advance Notice of Proposed Rulemaking issued concurrently with the press release (and removed later the same day) contains some insights into the key changes DOD intends to make. An archived copy of . . . Read More
January 18 Marks New Deadline for Covered Federal Contractors to be Fully Vaccinated
On November 10, 2021, the Safer Federal Workforce Task Force updated its guidance regarding the deadline for covered contractors to meet vaccination requirements. The update extends the initial December 8, 2021 deadline to January 18, 2022. The updated guidance is available here and includes links to FAQs which were also updated to address circumstances where the CDC recommends delaying vaccination, explain that the January 18 deadline applies to work performed at both contractor and federal agency workplaces, and provide sample signage for . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – November 10, 2021
If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . LABOR & EMPLOYMENT COVID-19 Vaccination and Testing: Critical Implications of OSHA’s ETS for Federal Government Contractors, November 5, 2021, Nichole Atallah , Sarah Nash , Sara Nasseri , and Matt Stokes On November 4, 2021, the Occupational Safety and Health Administration (OSHA) published its long-awaited COVID-19 Vaccination and Testing Emergency Temporary Standards (ETS) for covered private . . . Read More