Insights | PilieroMazza, Law Firm, Government Contracts Attorney

Trials and Trib(e)ulations: SBA Seeks Tribal Consultation on Eligibility, Funding, and Contract Competition

By: Isaias “Cy” Alba, IV, Katherine B. Burrows

Government contractors who are members of a tribal nation should be aware of the meetings listed below and a listening session the Small Business Administration (SBA) is hosting regarding important developments within the SBA. These developments could affect HUBZone contract eligibility and federal funding and support programs for tribal nations, as well as prohibit Mentor-Protégé Joint Ventures from competing for Multiple Award Contracts. PilieroMazza explains in more detail below. New Proposed Rule The SBA seeks to discuss a proposed rule . . . Read More

When a Protégé Rebels Against Its Mentor: The Price Contractors Pay for Not Knowing Fiduciary Duties

Government Contracts, Blog 08.08.24

By: Isaias “Cy” Alba, IV

What happens when a protégé rebels against its mentor? In a recent decision from the Eleventh Circuit, Yorktown Sys. Grp. Inc., v. Threat Tec LLC1, the court had to deal with such a question after Threat Tec, the protégé and small business in a joint venture, terminated its mentor, Yorktown, in order to acquire its workshare. In this opinion delivered by Judge Ed Carnes, the Eleventh Circuit affirmed the Northern District of Alabama’s decision to grant Yorktown a preliminary injunction . . . Read More

Newly Increased Health and Welfare Rates on SCA Government Contracts

Client Alerts, Labor & Employment 08.01.24

By: Sarah L. Nash, Nichole D. Atallah

The Department of Labor’s (DOL) Wage and Hour Division (WHD) has again issued new Service Contract Act (SCA) health and welfare (H&W) rates. In July 2024, WHD increased the prevailing H&W fringe benefits from a rate of $4.98 per hour to $5.36 per hour. Where a contractor is obligated to comply with Executive Order (EO) 13706 sick leave obligations, the rates have increased from $4.57 per hour to $4.93 per hour. Updated rates of $2.36 per hour (without the EO) . . . Read More

Prepare to (Semi)Conduct Your Due Diligence! Proposed Rule to Prohibit Certain Semiconductor Products and Services

Client Alerts 07.25.24

By: Isaias “Cy” Alba, IV, Joseph P. Loman, Daniel Figuenick, III

Whether you’re aware or not, semiconductors are part of a vast variety of electronics. Semiconductors appear in items ranging from smartphones to pacemakers. The Federal Acquisition Regulatory Council (FAR Council) issued an Advanced Notice of Proposed Rulemaking ( Proposed Rule ), which would amend the Federal Acquisition Regulation (FAR) to prohibit executive agencies from procuring products and services that contain certain “covered” semiconductors. The Proposed Rule is expected to impact up to 75% of all government contract awardees. For contractors affected by . . . Read More

Texas Court Order Imperils FTC’s Forthcoming Non-Compete Ban

Blog 07.09.24

By: Nichole D. Atallah, Sarah L. Nash, Kirby Rousseau

On July 3, 2024, the District Court for the Northern District of Texas stayed enforcement of the Federal Trade Commission’s (FTC) impending ban on non-compete agreements between employers and employees (the Rule) pending the outcome of ongoing litigation.1 While the injunction currently only applies to the parties in the case, the court has committed to publishing its final ruling on or before August 30, 2024, in advance of the Rule’s implementation date. The decision is a window into how the . . . Read More

Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR)

Webinar Downloads 07.09.24

By: Katherine B. Burrows, Eric Valle

Click here to view the recorded session. In recent years, the U.S. government made sustainability a priority in its procurement practices. To accomplish this goal, the FAR Council published a new final rule, primarily addressing sustainability practices and enforcing agency obligations to procure sustainable products and services. As a way to aid federal government contractors prepare for these potential challenges and opportunities, PilieroMazza’s Katie Burrows and Eric Valle —attorneys in the firm’s Government Contracts Group—present this webinar covering all you need to know. Learning objectives . . . Read More