Preparing for Major Changes to DOT’s Disadvantaged Business Enterprise (DBE) Program Effective May 9, 2024

Click here to view the recorded session. The Department of Transportation (DOT) recently published a final rule making significant changes to the agency’s Disadvantaged Business Enterprise (DBE) Program which take effect on May 9. The rule aims to improve the inclusion of small, disadvantaged businesses in infrastructure opportunities; reduce burdens on DBE firms and recipients; foster the growth of DBE firms; and improve DBE Program integrity, among other things. To help prime contractors and subcontractors who participate, or are considering participating, . . . Read More

Impact of 11th Circuit’s Sovereign Immunity Waiver Decision on Tribally-Owned Businesses in SBA’s 8(a) Program

On May 1, 2024, the U.S. Court of Appeals for the Eleventh Circuit issued a sweeping decision impacting sovereign immunity for tribally-owned government contractors. The first-of-its-kind appellate decision concludes that by participating in the U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) Program), tribally-owned entities waive sovereign immunity as to virtually all—if not all—claims connected in any way to the entity’s 8(a) Program participation, regardless of the tenuous nature of the connection. Tribally-owned government contractors should adjust their . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – May 2, 2024

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 . Podcasts: Listen to PilieroMazza’s podcasts GovCon Live!  here  and Clocking in with PilieroMazza  here .   LABOR & EMPLOYMENT FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban, PilieroMazza Client Alert, Nichole D. AtallahSarah L. Nash On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing . . . Read More

CISA Unveils Final Self-Attestation Form for Software Producers Bidding on Federal Contracts

In March 2024, the Cybersecurity and Infrastructure Security Agency (CISA) released the final version of its secure software development self-attestation common form (Form), requiring federal government contractors who produce and provide software to verify that it complies with government-specified, minimum secure software development practices. Nearly one year ago, CISA published a draft version of the Form requesting public comment. PilieroMazza discussed some of the key requirements and implications of the draft form here . Contractors who sell software to the government . . . Read More

Is It Time for Regulations on GSA’s Contractor Teaming Arrangements?

In the late 1990s, the General Services Administration (GSA) created the concept of Contractor Teaming Arrangements (CTAs). Unlike the contractor teaming arrangements described under FAR 9.601, which simply describe a joint venture or prime contractor/subcontractor relationship, the GSA created a wholly new type of contracting team where all members of the team have privity [1] with the federal government and are all co-prime contractors…supposedly. In this blog, PilieroMazza reviews the limited rules governing CTAs and the impact on government contractors’ ability . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – April 25, 2024

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 . Podcasts: Listen to PilieroMazza’s podcasts GovCon Live!  here  and Clocking in with PilieroMazza  here .   GOVERNMENT CONTRACTS Federal Acquisition Regulation (FAR) Council Final Rule: Sustainable Procurement On April 22, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a Final Rule amending the FAR and updating regulations . . . Read More

Terms and Conditions vs. Contract Clauses: Which Language Applies to Government Contract Disputes?

Determining which language applies to a contract dispute is critical to any contractor seeking to recover costs through the claims and appeals process. Recently, through a series of appeals before the Civilian Board of Contract Appeals (CBCA) and the Court of Appeals for the Federal Circuit (Federal Circuit), both forums offered more fulsome guidance on when a contractor’s terms and conditions will apply to a contract despite potentially conflicting with standard federal contract provisions. Below, PilieroMazza summarizes relevant cases and . . . Read More

FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban

On April 23, 2024, the Federal Trade Commission (FTC) announced a  final rule  banning employers from enforcing non-compete agreements against any non-executive employee (“Non-Compete Clause Rule”).  As suspected, business groups, including the U.S. Chamber of Commerce, worked quickly to file a  complaint  in the U.S. District Court for the Eastern District of Texas arguing that the FTC lacks the authority to promulgate rules that define unfair competition, violating the Administrative Procedures Act, and is limited to challenging anti-competitive practices. As we await the . . . Read More