OHA Decision on Recertification May Impact Eligibility of Small Business Contractors Competing for Set-Aside Contracts
Over the past few years, the Small Business Administration’s (SBA) recertification rules have been the subject of much debate, with some arguing that recertification impacts an offeror’s eligibility for award and for future set-aside orders under multiple-award contracts (MACs). These rules came under further scrutiny in a recent size protest and appeal to the SBA Office of Hearings and Appeals (OHA). OHA’s decision makes a number of important clarifications regarding the impact of recertification on small business contractors’ eligibility to . . . Read More
Non-Compete Agreements: What Employers and Healthcare Providers Should Know
Non-compete clauses are a common component in employment agreements for many businesses and healthcare providers. Employers and healthcare providers, ranging from large public hospitals and Fortune 500 companies to small private practices and businesses, utilize non-compete clauses in their employment agreements to protect their businesses and medical practices by restricting their employees’ ability to work for a competing entity. This blog offers important considerations for employers and healthcare providers implementing non-compete agreements and clauses to protect their interests, ensure enforceability, . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – January 13, 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 Government Contractors to Register for Affirmative Action Program Compliance Certification Beginning February 1, 2022, January 10, 2022, Sara Nasseri In December 2021, the Office of Federal Contract Compliance Programs (OFCCP) launched its Affirmative Action Program Verification Interface through a new online portal (Portal). Beginning on February 1, 2022, registration opens on the Portal, . . . Read More
PPP Loan Forgiveness Appeal Process: 4 Steps to Knowing and Protecting Your Rights
As discussed in PilieroMazza ’s previous alert , the Small Business Administration (SBA) released its Paycheck Protection Program (PPP) Loan Forgiveness application way back in May of 2020. Since then, PPP forgiveness continues to cause confusion among businesses, especially federal contractors. Since the release of the original forgiveness application, most PPP borrowers eligible for loan forgiveness have submitted for forgiveness and, most of those, have actually already received forgiveness as well. Unfortunately, we have started to recently see and uptick in loan . . . Read More
Construction Contractors: Considerations in Subcontracting Plans and OFCCP Compliance
Government Contractors to Register for Affirmative Action Program Compliance Certification Beginning February 1, 2022
In December 2021, the Office of Federal Contract Compliance Programs (OFCCP) launched its Affirmative Action Program Verification Interface through a new online portal (Portal). Beginning on February 1, 2022, registration opens on the Portal, and covered prime and subcontractors are required to certify compliance of their Affirmative Action Program (AAP) by no later than June 30, 2022. Covered contractors are then required to annually certify. The Portal also provides a secure platform for scheduled contractors to submit their AAP to OFCCP during compliance evaluations. In . . . Read More
DOD Class Deviation Imposes New Requirements for Nonavailability Waiver Determinations Under the Buy American Statute
The Department of Defense (DOD) recently published a class deviation that builds on directives to promote an accountable and transparent procurement policy while maximizing Government use of goods, products, and materials produced in, and services offered in, the U.S. Specifically, the class deviation outlines steps that contracting officers (CO) should take as they make individual nonavailability waiver determinations under the Buy American statute. Such waivers can exempt an acquisition from meeting Buy American requirements. This blog identifies key aspects of the class . . . Read More
DOJ’s Civil Cyber-Fraud Initiative to Use False Claims Act in Pursuing Government Contractor Cybersecurity Shortfalls
The Department of Justice (DOJ) recently announced a new “Cyber-Fraud Initiative” aimed at “developing actionable recommendations to enhance and expand [DOJ’s] efforts against cyber threats.” The initiative will be part of DOJ’s Commercial Litigation Branch, Fraud Section, and will use the False Claims Act (FCA) as a tool to combat “cybersecurity related fraud” among federal contractors and grant recipients. In light of DOJ’s efforts, government contractors and entities receiving federal funding should implement measures to reduce the risk of being sued . . . Read More
Kevin Barnett Contributes to Latest Edition of Thomson Reuters’ Attorney-Client Privilege in the United States
PilieroMazza ’s Kevin Barnett is a contributing author to the latest annual edition of Attorney-Client Privilege in the United States. Since the primary author Professor Paul Rice’s untimely death in 2012, Kevin and five other colleagues diligently collaborate to update annual editions of this invaluable work. As a result, Attorney-Client Privilege in the United States remains the most current and complete treatment of attorney-client privilege available and is routinely cited by U.S. Circuit Courts of Appeals, state Supreme Courts, and other federal . . . Read More
2021 GAO Bid Protest Annual Report: What the Report Reveals About Bid Protests at the GAO
The recently released 2021 Bid Protest Annual Report (Report) from the Government Accountability Office (GAO) covers cases filed with the agency, including protests, cost claims, and requests for reconsideration. In this blog, PilieroMazza analyzes what the Report reveals about bid protests at the GAO, including how the information could affect a contractor’s decision to file a protest and its likelihood of success. Analysis of the Report The Report shows the number of cases filed is down by 12% when comparing 2021 to 2020 (1,897 cases in . . . Read More