Law360: Cy Alba Comments on Protests Highlighting Systemic Issues With GWACs

Multiple protests and a string of amendments across two recent multibillion-dollar, government-wide acquisition contracts highlight several systemic issues with the way federal agencies solicit those deals, such as how bids are scored, experts said. . . . GWACs are large, multiple-award contracts administered by one agency but usable across the federal government, covering commonly-used items and services, such as IT or professional services. They are part of the government’s “category management” program, intended to allow it to leverage its immense . . . Read More

PilieroMazza’s Kathryn Hickey and Corporate/M&A Team Included in 2022 Chambers USA Rankings

PilieroMazza is pleased to announce that Kathryn Hickey earned an individual ranking in the 2022 edition of Chambers USA as a leading Corporate/M&A attorney in Maryland. PilieroMazza’s Corporate/M&A practice received a similar ranking as a leading M&A practice. “Our goal is always to provide the highest level of legal representation to our clients, and this ranking conveys the priority we place on legal acumen and client service,” remarked Kathryn. About PilieroMazza’s Mergers & Acquisitions Team Lawyers on PilieroMazza’s Mergers & Acquisitions Team work collaboratively to advise government contractors, commercial . . . Read More

DOD Issues Guidance on Effect of Inflation on Government Contractors

On May 25, 2022, the Department of Defense (DOD) issued Guidance on Inflation and Economic Price Adjustment (Guidance Memorandum). It was long overdue. Inflation is steadily rising and, as a result, contractors with fixed-price contracts are forced to shoulder skyrocketing supply costs since fixed-price contractors bear the risk of increased costs. As these cost increases erode profit margins and continue to drive contracts into loss positions, contractors are seeking some type of relief. PilieroMazza recently hosted a webinar, Supply Chain Pain: How Contractors Can Get Relief from a Supply Chain-Related Claim , detailing relief options and best practices when a . . . Read More

USDA Proposes Resuscitating Rule to Blacklist Government Contractors for Labor Law Violations

On February 17, 2022, the United States Department of Agriculture (USDA) proposed a rule to update its Agriculture Acquisition Regulation (AGAR), which has not had a major revision since 1996. One component of the proposed rule requires USDA contractors to maintain compliance with a broad range of labor and employment laws and regulations in order to do business with the USDA. These requirements are strikingly similar to the Obama-era Fair Pay and Safe Workplaces Executive Order (nicknamed “the blacklist rule”). Contractors . . . Read More

DOL Updates Language on Service Contract Act Wage Determinations AGAIN!

An executive order increasing the minimum wage for non-exempt employees working on specified types of federal contracts took effect January 30, 2022. However, recent wage determinations issued by the Department of Labor (DOL) fail to appreciate that contracting officers are supposed to modify contracts to include the applicable Federal Acquisition Regulation (FAR) before the new minimum wage provisions are effective. Raising wages prior to proper incorporation of the applicable FAR provision risks a government contractor’s eligibility for a contract price . . . Read More

Weekly Update for Government Contractors and Commercial Businesses– May 25, 2022

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 . GovCon Live! Podcast: Listen to PilieroMazza’s latest episodes and follow us to hear more here .   GOVERNMENT CONTRACTS Fraud Allegations Could Bedevil Borrowers in SBA COVID-19 Relief Programs for Many Years, Cy Alba , May 19, 2022 As everyone who has been tracking the COVID-19 relief programs since 2020 knows, at . . . Read More

OFCCP’s Growing Activism Portends Stricter Enforcement

The Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP) has taken several actions during the past six months that signal it will adopt a more forceful posture in ensuring that federal contractors meet their affirmative action and non-discrimination obligations toward their workforce. To prepare themselves for heightened scrutiny and tighter deadlines, government contractors should take steps now to set up their records for quick retrieval during OFCCP audits and rectify any unjustified pay disparities among their employees. . . . Read More

Weekly Update for Government Contractors and Commercial Businesses– May 19, 2022

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 . GovCon Live! Podcast: Listen to PilieroMazza’s latest episodes and follow us to hear more here .   GOVERNMENT CONTRACTS GSA Seeks Feedback on Potential Changes to Polaris Joint Ventures, Cy Alba , May 13, 2022 On May 13, 2022, the General Services Administration (GSA) published draft proposed changes  to the Polaris Government-Wide Acquisition Contract (GWAC). . . . Read More

Fraud Allegations Could Bedevil Borrowers in SBA COVID-19 Relief Programs for Many Years

As everyone who has been tracking the COVID-19 relief programs since 2020 knows, at the outset there was massive confusion about the programs’ requirements as well as fear that funding could run out before businesses with uncertain futures could secure assistance. Now, two years later, we have heard from numerous clients who have received notice that the Small Business Administration (SBA) intends to audit the Paycheck Protection Program (PPP) Loan or Economic Injury Disaster Loan (EIDL) applications, and even of . . . Read More

Washington Business Journal Publishes Cy Alba’s Article on Returning to the Office

Washington Business Journal published an article by Cy Alba , a partner in the  Government Contracts Group at PilieroMazza , in its Leadership Trust series on May 11, 2022. In the article , entitled “Back to the office, back to the drawing board: Legal tips for redesigning jobs to fit a hybrid mold,” Cy discusses numerous issues that could arise as offices reopen and employees return to in-person work after working from home for two years. His topics are varied and range from vaccination policies to discrimination . . . Read More