SBA Extends the HUBZone Map Freeze to June 30, 2023
Today, the Small Business Administration (SBA) issued a direct final rule extending the HUBZone map freeze from December 31, 2021, to June 30, 2023. The direct final rule (available here ) takes effect on June 21, 2021. This is the latest in a series of developments for the HUBZone Program in 2021; read PilieroMazza’s previous coverage on the developments impacting the HUBZone Program here and here . Several years ago, SBA froze the HUBZone maps until December 31, 2021, to ensure that firms . . . Read More
A Decision Right Up an Employee’s Alley: Recent Virginia Federal Court Opinion Weakens Protections for Companies Utilizing Consultants and Independent Contractors
Government contractors and commercial businesses alike frequently retain consultants and independent contractors to perform certain types of work, particularly in the construction, healthcare, and information technology industries. This is so because utilizing independent contractors, as opposed to employees, can offer some attractive benefits to companies. For instance, utilizing independent contractors may reduce company overhead, general and administrative, and fringe benefit expenses; it may allow for flexible work schedules, particularly on projects with indefinite schedules or workloads; and it may permit . . . Read More
Kevin Barnett and Eric Valle Join PilieroMazza’s Expanding Government Contracts Team
PilieroMazza is excited to announce the latest additions to the Firm’s growing Government Contracts Team , new Counsel Kevin Barnett and Associate Eric Valle . Chair of the Group, Jon Williams , remarked: “We welcome Kevin and Eric into our ranks and look forward to them being invaluable resources for our clients in the federal procurement space.” Kevin advises clients in all aspects of government contracts law, including preparing, negotiating, and prosecuting claims, requests for equitable adjustment, and termination for convenience settlements, as well as litigating appeals before . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – April 29, 2021
If you have questions concerning the content below, please visit this link . COVID-19 Client Resource Center: To access resources for businesses navigating the COVID-19 crisis, we invite you to visit PilieroMazza’s “ COVID-19 Client Resource Center .” Contact [email protected] for immediate assistance. LITIGATION & DISPUTE RESOLUTION Return to Work: Employer-Mandated COVID Vaccination Policies and Accommodating Employee Disabilities and Religious Beliefs, April 23, 2021, Matthew Kreiser With over 50% of the adult population in the United States having received at least one dose of a vaccine to combat the novel . . . Read More
GAO Holds Solicitation Requirement Violates SBA’s Regulations Regarding Small Business Mentor-Protégé Joint Ventures
In a recent decision , the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation, as the solicitation impermissibly required that a protégé and mentor in a joint venture have the same level of experience as other offerors. This is an important decision for companies that are parties to a joint venture, and a reminder to carefully review a solicitation’s requirements before submitting a proposal. As relevant background, the Small Business Administration (SBA) revised its regulations in November . . . Read More
Biden Signs EO to Increase Federal Contractor Minimum Wage Rate to $15.00 an Hour
Yesterday, President Biden signed an executive order (Biden Order) that will increase the applicable minimum wage rate to be paid to workers performing work on or in connection with federal contracts from $10.95 to $15.00 per hour beginning January 1, 2022. As early as his second day in office, President Biden committed to modifying an Obama-era executive order to get one step closer to a national minimum wage increase of the same magnitude. Below are key details on the applicability of the . . . Read More
Return to Work: Employer-Mandated COVID Vaccination Policies and Accommodating Employee Disabilities and Religious Beliefs
With over 50% of the adult population in the United States having received at least one dose of a vaccine to combat the novel coronavirus (COVID), many businesses and employers are looking forward to a “return to normal” and their employees coming back to the workplace. One common consideration is whether an employer should implement mandatory COVID vaccination requirements as part of their return-to-work policies. Employers must be mindful of ensuring that their return-to-work policies, including any vaccination mandates, comply . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – April 21, 2021
If you have questions concerning the content below, please visit this link . WEBINAR: The First 100 Days: Deciphering Key Provisions in the Buy American Act for Government Contractors, April 27, 2021, Jackie Unger and Anna Sullivan. Read more here . COVID-19 Client Resource Center: To access resources for businesses navigating the COVID-19 crisis, we invite you to visit PilieroMazza’s “ COVID-19 Client Resource Center .” Contact [email protected] for immediate assistance. GOVERNMENT CONTRACTS SBA Pivots to Say HUBZone Firms in Redesignated QDA Cannot Maintain 10-Year Principal Office Eligibility Through Long-Term Investment, . . . Read More
OHA Upholds SBA Denial of Admission to 8(a) Program for Failure to Demonstrate Status as Recognized Indian Tribe
In a noteworthy decision this February, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) upheld SBA’s determination denying GTEC Industries, Inc. (GTECI) entry into the 8(a) Business Development Program as a tribally owned entity. [1] For businesses seeking 8(a) program certification, this decision highlights the importance of demonstrating eligibility by a preponderance of the evidence. GTECI’s 8(a) application has a lengthy history. GTECI first applied to the 8(a) program in May 2017 and was denied in May 2018 . . . Read More
10 Questions to Ask for a Successful Government Contractor Change of Name Submission
Government contractor name changes, whether through a standard name change or through a restructuring, present unique regulatory hurdles. One such challenge is the preparation, submission, and execution of a change of name package with the U.S. government. While the change of name package itself is a hurdle, there are additional factors that impact its success. Below are ten questions government contractors should ask, which can make the difference between a successful or unsuccessful change of name. Change of Name Package Documentation . . . Read More