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
New Vaccine Mandate Guidance Issued for Federal Contractors: 5 Things You Need to Know
On September 24, 2021, the Safer Federal Workforce Task Force (Task Force) issued much-anticipated guidance (Guidance) regarding President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors. Issued September 9, 2021, Executive Order 14042 announced that parties who contract with the federal government would soon be subject to mandatory COVID-19 vaccinations. The Task Force’s Guidance sets forth required workplace safety protocols for federal contractors and subcontractors with a covered contract, including details on the implementation of President . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – September 23, 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 . LITIGATION & DISPUTE RESOLUTION “Let’s Get Surety” Podcast: Cy Alba and Matt Feinberg Discuss False Claims Act Implications in the Construction and Surety Industries, September 17, 2021, Cy Alba and Matt Feinberg Kat Shamapande, host of the podcast “Let’s Get Surety”, spoke recently with PilieroMazza’s Cy Alba and Matt Feinberg, partners in the Firm’s False . . . Read More
DOT’s Disadvantaged Business Enterprise Program: What Large and Small Construction Contractors Need to Know
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
New Developments in President Biden’s COVID-19 Requirements for Government Contractors
On September 16, 2021, President Biden released new guidance on implementing COVID-19 mandates for businesses working with the federal government. PilieroMazza ’s Labor & Employment Group highlights below important guidelines government contractors need to follow in order to comply. Please visit this link to access our September 10, 2021 Client Alert on this topic. New Developments on Complying with COVID-19 Mandate The Safer Federal Workforce Task Force (Task Force) confirmed on Monday that, for the time being, unvaccinated employees of government contractors . . . Read More
“Let’s Get Surety” Podcast: Cy Alba and Matt Feinberg Discuss False Claims Act Implications in the Construction and Surety Industries
Kat Shamapande, host of the podcast “Let’s Get Surety”, spoke recently with PilieroMazza ’s Cy Alba and Matt Feinberg , partners in the Firm’s False Claim Act Group . Using examples and explanations, Cy and Matt elaborated on the False Claims Act and its impact on the construction and surety industries. For the full episode, please visit this link , and go to this link to access useful resources geared toward the construction industry. “Let’s Get Surety” is a podcast series presented by the National Association of Surety Bond Producers. Visit . . . Read More
COVID-Related Claim Successfully Negotiated by PilieroMazza’s Government Contracts Team
Attorneys in PilieroMazza ’s Government Contract Claims & Appeals Group recently assisted a client in the federal procurement sector to successfully negotiate a claim resulting from the impacts of COVID-19. During the client’s contract with the government—and in the midst of the pandemic—there was a change to the contract directed by the agency to coincide with new guidelines tied to COVID-19 from the Centers for Disease Control and Prevention. For our client to effectively execute the changes, they had to incur additional costs related to acquiring personal . . . Read More
DOD Issues Class Deviation Making Limitations on Subcontracting Compliance More Uniform
As we previously wrote , the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule was recently revised to more closely mirror the U.S. Small Business Administration’s (SBA) LOS regulation. However, because the changes to the FAR do not account for more-recent revisions to SBA’s LOS rule, inconsistencies between the two sets of regulations remain. Recognizing this disconnect, the Civilian Agency Acquisition Council has released a memorandum authorizing civilian agencies to issue FAR class deviations to better align the FAR’s and . . . Read More
Watch Your Step: Avoiding False Claims Act Violations from Limitations in Subcontracting and Performance of Work Requirements
Members of the government contracting community are familiar with the contracting opportunities offered specifically to small and disadvantaged businesses. The availability of small business contracts and set-aside contracting opportunities through the U.S. Small Business Administration’s (SBA) 8(a), Mentor-Protégé, and various set-aside programs (such as those available for service-disabled veteran-owned small businesses or women-owned small businesses), offer important opportunities for small businesses to grow without competing against mega companies with endless resources. However, certain requirements for performing contracts under these programs . . . Read More