PilieroMazza’s Jon Williams Joins SECAF Board of Directors
Jon to Help Guide SECAF and Small Business Members on Legal Fundamentals of Government Procurement December 13, 2021 – Falls Church, VA: PilieroMazza , a business law firm serving the needs of government contractors and commercial businesses, is pleased to announce the addition of Jon Williams to the Board of Directors for the Small and Emerging Contractors Advisory Forum (SECAF). Mitchell Ross, SECAF Chairman of the Board of Directors, commented: “Jon [. . .] ha[s] the experience and dedication to help guide our small and emerging member firms as . . . 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
GSA Polaris and the New SCRM Requirements: Supply Chain Risk May Put Your Proposal at Risk
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 access to task orders after granted a Polaris award due to the increasingly stringent requirements of Supply Chain Risk Management (SCRM). In this blog, Isaias “Cy” Alba , a partner in PilieroMazza ’s Government Contracts Group , and John Cofrancesco, VP of Government Security Solutions at Fortress, reveal what government contractors should know now about SCRM requirements before putting . . . 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
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