OFCCP Extends Deadline for EEO-1 Data FOIA Objections
The Office of Federal Contract Compliance Programs (OFCCP) extended the deadline from September 19, 2022, to October 19, 2022, for government contractors to object to OFCCP’s possible release of the contractors’ Type 2 Consolidated EEO-1 reports. As noted in PilieroMazza’s September 13, 2022 client alert , OFCCP notified contractors of their right to file objections to a recent Freedom of Information Act (FOIA) request from the Center for Investigative Reporting. If a contractor fails to object by October 19, OFCCP will assume . . . Read More
SBA Seeks Comments on Proposed Updates to the 8(a) Program and Many Other Government Contracting Programs
On September 9, 2022, the Small Business Administration (SBA) published a proposed rule that would make many significant changes to SBA’s 8(a) program requirements, the Women-Owned Small Business (WOSB) and HUBZone programs, subcontracting, protests, and more. Public comments on SBA’s proposals are due by November 8, 2022. Government contractors that participate in any of SBA’s small business programs should take note of the proposed changes and consider whether to address them through public comment. There is a lot to unpack in this . . . Read More
Time Is Running Out: Federal Contractor Data at Risk of Public Disclosure Unless Objections Are Filed by Monday
On August 19, 2022, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a public notice to contractors about a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) for all EEO-1 Reports submitted between 2016–2020. Even though your company was not contacted directly, if your company filed an EEO-1 Report during that period, you must object to the disclosure by next Monday, September 19, 2022, or risk public release of sensitive information about . . . Read More
GSA Opens Doors to Union Organizers on Federal Contracts: What Contractors Need to Know
On September 2, 2022, the General Services Administration (GSA) issued a final rule regarding union access to GSA facilities. The changes, which are effective immediately, come following a White House Task Force on Worker Organizing and Empowerment recommendation for GSA to except union organizing and bargaining from the GSA’s general prohibition on soliciting, posting, and distributing materials in GSA-controlled property. While the previous version of the regulations included an exception for union organizer access to federal employees, there was no such exception for . . . Read More
Action Required: Federal Contractor Data at Risk of Public Disclosure
On August 19, 2022, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a public notice to contractors about a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) for all EEO-1 Reports submitted between 2016–2020. Even though your company was not contacted directly, if your company filed an EEO-1 Report during that period, you must object to the disclosure by September 19, 2022, or risk public release of sensitive information about your workforce. . . . Read More
Labor & Employment Scoop! Important Takeaways for Government Contractors from NILG 2022
In this blog, PilieroMazza ’s Labor & Employment attorney Sara Nasseri summarizes important takeaways for government contractors from the National Industry Liaison Group (NILG) Conference in July, which focuses on developments and updates surrounding EEO, affirmative action, HR compliance and diversity and inclusion issues. Described below are key priority items for the OFCCP and the EEOC, as well as updates to state laws impacting government contractors in 2022 and beyond. Also, please visit this link to register for PilieroMazza’s upcoming webinar detailing these changes and how to . . . Read More
New SBA Rule Enhances Past Performance Opportunities for Small Businesses
On August 22, 2022, the U.S. Small Business Administration (SBA) will implement a final rule that provides two new methods by which small businesses can obtain past performance credit when competing for federal prime contracts. First, the rule allows certain small business offerors to rely on the past performance of joint ventures (JV) in which they were a member. Second, the rule establishes a process by which certain small businesses can request, obtain, and rely upon past performance obtained when performing as a . . . Read More
Transitioning from DUNS to UEI: Elevating Government Contract Service Tickets and Sharing Your Questions
As government contractors are all too aware, the transition from DUNS numbers to the SAM assigned Unique Entity Identifier (UEI) is causing a myriad of problems, which are jeopardizing contractor payments, awards, and ability to bid on opportunities. Since the April 4, 2022, implementation of the SAM assigned UEI and entity validation through SAM, PilieroMazza is seeing a wide range of SAM registration and renewal issues resulting in numerous entities’ SAM registrations expiring and new joint ventures unable to register . . . Read More
Recent Decision May Result in Significant Increase in Personnel Costs and Back Wage Liability for Companies Doing Work in Maryland
On July 13, 2022, Maryland’s highest court issued a wide-reaching decision in Amaya v. DGS Construction, LLC that could have a substantial impact on personnel costs for companies doing business in Maryland. The unanimous ruling opened the door for employees to seek payment of wages for time spent waiting at a jobsite and/or traveling to and from a client work site under certain circumstances. Although Amaya involved construction employees, the decision is very likely to touch many companies operating in Maryland and will likely have . . . Read More
Government Contractor to Pay $9 Million to Resolve FCA Allegations of Cybersecurity Violations
On July 8, 2022, the Department of Justice announced that Aerojet Rocketdyne Inc.—a government contractor providing propulsion and power systems for launch vehicles, missiles and satellites and other space vehicles to the Department of Defense, NASA, and other federal agencies—agreed to pay $9 Million to resolve allegations that the company violated the False Claims Act by misrepresenting its compliance with cybersecurity requirements in certain federal government contracts. This is one of the first documented cases (which PilieroMazza attorneys discussed in a . . . Read More