Weekly Update for Government Contractors and Commercial Businesses – July 2, 2021
If you have questions concerning the content below, please visit this link . WEBINAR: Latest Developments with the HUBZone Program, July 21, 2021, Jon Williams . Read more here . WEBINAR: Risk Prevention Strategies: Legal Considerations in Crisis Management – Planning, Mitigation, and Recovery, July 28, 2021, Matt Feinberg and Megan Benevento. Read more here . LABOR & EMPLOYMENT DOL Announces Proposed Rulemaking to Protect Tipped Workers, Clarify Use of the Tip Credit The Department of Labor (DOL) announced a Notice of Proposed Rulemaking to withdraw and re-propose one portion of the Tip Regulations . . . Read More
Alaska Native Corporations Now Eligible for CARES Act Funds Following Supreme Court Decision
On June 25, 2021, the Supreme Court ruled in a 6–3 decision , in Yellen v. Confederated Tribes of the Chehalis Reservation, that Alaska Native Corporations (ANCs) are “Indian tribes,” as defined by the Indian Self-Determination and Education Assistance Act (ISDA). In accordance with the ruling, ANCs are thus entitled to some of the $8 billion allocated to “Tribal governments” by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in the wake of the coronavirus pandemic (COVID-19). The decision . . . Read More
DOL/OSHA Implements COVID-Related Employee Safety Standards for Healthcare Employers
Building on President Biden’s Executive Order on Protective Worker Health and Safety issued on January 21, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard ( ETS ) aimed at workers in healthcare settings. Specifically, the ETS, issued on June 10, 2021, requires certain healthcare employers to take measures to protect their workers in settings where suspected or confirmed COVID-19 patients are treated. This includes employees in hospitals, nursing homes, assisted living facilities, . . . Read More
Has Your Claim Been Flagged for Fraud? How It Impacts Your Ability to Appeal Before the Civilian Board of Contract Appeals
A recent decision [1] from the Civilian Board of Contract Appeals (CBCA) in the appeal of Widescope Consulting and Contracting Services sheds some light on the issue of whether the CBCA lacks jurisdiction over an appeal of a claim that a contracting officer has flagged for suspected fraud. Based on the Widescope decision, if a contracting officer merely suspects fraud and claims they have been divested of the authority to issue a decision on a claim, contractors will have the right . . . Read More
PilieroMazza Celebrates Pride Month
PilieroMazza joins in celebrating the past, present, and future of the LGBTQ+ community. While LGBTQ+ individuals have always existed, it is only relatively recently that the United States has begun to recognize this community and the diversity and beauty it brings to our collective culture—as we at PilieroMazza can attest! From the Stonewall Riots to the more recent Supreme Court cases recognizing the rights of LGBTQ+ individuals to live authentically, we honor this history, with all its triumphs as well . . . Read More
Return to Work: Employer-Mandated COVID-19 Vaccination Policies and Accommodating Employee Disabilities and Religious Beliefs
Click here to view the recorded session. Over 50% of the adult population of the U.S. has received at least one dose of a vaccine to combat COVID-19, and many employers are looking forward to a “return to normal,” with employees coming back to the workplace. But many are unsure whether to implement mandatory COVID-19 vaccination requirements as part of return-to-work policies. Employers must ensure that their return-to-work policies, including any vaccination mandates, comply with federal and state regulations governing vaccinations . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – June 24, 2021
If you have questions concerning the content below, please visit this link . PilieroMazza Partner Jon Williams Testifies at Congressional Hearing on CMMC, June 24, 2021 PilieroMazza is pleased to announce that Jon Williams , a Partner on the Firm’s Cybersecurity & Data Privacy Team and Chair of the Government Contracts Group , testified at a hearing on June 24, 2021, at 10:00 AM ET before the Congressional Committee on Small Business Subcommittee on Oversight, Investigations, and Regulations. The hearing—which focused on matters concerning Cybersecurity Maturity Model Certification (CMMC)—was entitled “CMMC Implementation: . . . Read More
New CIO-SP4 Modification – An Undue Restriction on Competition and a Violation of SBA Regulations?
On June 22, 2021, the National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) issued its third modification to the Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Request for Proposals (RFP). Among other things, NITAAC made significant changes to how subcontractors and mentors in Small Business Administration (SBA) approved mentor-protégé programs are treated for purposes of the evaluation. The RFP appears to disallow the use of any subcontractor experience, past performance, or other qualifications, including from small businesses, . . . Read More
DOD, GSA, and NASA Issue Proposed Rule to Update the HUBZone Program in the FAR
The Small Business Administration (SBA) updated its Historically Underutilized Business (HUBZone) program in a final rule issued on November 26, 2019, at 84 FR 65,222. The Department of Defense, General Services Administration, and the National Aeronautics and Space Administration have issued a proposed rule seeking to amend the Federal Acquisition Regulation (FAR) to correspond with the updates made by the SBA. The proposed changes to the FAR include: updating the small business concern definition, adding in status protest procedures for . . . Read More
PilieroMazza Partner Jon Williams to Testify at Congressional Hearing on CMMC
PilieroMazza is pleased to announce that Jon Williams , a Partner on the Firm’s Cybersecurity & Data Privacy Team and Chair of the Government Contracts Group , will testify at a hearing on June 24, 2021, at 10:00 AM ET before the Congressional Committee on Small Business Subcommittee on Oversight, Investigations, and Regulations. The hearing—which focuses on matters concerning Cybersecurity Maturity Model Certification (CMMC)—is entitled “CMMC Implementation: What It Means for Small Businesses.” A recording of the hearing is available here , . CMMC is the Department of Defense’s (DOD) latest initiative . . . Read More