Have You Updated the Minimum Wage? Government Contractors Struggle with Minimum Wage Confusion

On January 1, 2023, the minimum wage for government contractors under Executive Order 14026 increased from $15.00 per hour to $16.20 per hour. We wrote about Executive Order 14026 and its requirements previously here . There continues to be confusion as to when and how Executive Order 14026 applies, so here are a few key components that government contractors should keep in mind. Federal Acquisition Regulation (FAR) 52.222-55, Minimum Wages for Contractors Under Executive Order 14026 (distinguished from the former FAR . . . Read More

GSA Technology Contractors: 4 Requirements to Ensure Only Approved Software Is Used

Almost two years ago, Executive Order 14028 – Improving the Nation’s Cybersecurity (EO) was issued requiring a host of actions be taken by the Federal Acquisition Regulation (FAR) Council, the National Institute of Standards and Technology (NIST), as well as the Office of Management and Budget (OMB). NIST completed one of those actions, which required it to identify “practices that enhance the security of the software supply chain,” when it released guidance on a secure software development framework and software supply chain security. In a recent memo , OMB . . . Read More

The FCA at the Supreme Court, Part 1 of 4: The Government’s Right to Dismiss a Whistleblower Claim

The False Claim Act (FCA) is seeing quite a bit of action at the Supreme Court this term, with multiple cases under consideration. This is the first installment in PilieroMazza’s blog series on the “The FCA at the Supreme Court” where we will examine active cases, comment on decisions once they are issued, and discuss ways defendants can protect themselves in FCA litigation. On December 6, 2022, the Supreme Court heard arguments in United States ex rel. Polansky v. Executive Health Resources, . . . Read More

Remedies for NLRA Violations Now Include Consequential Damages: Important Takeaways for Employers

Last year, the National Labor Relations Board (NLRB), the agency tasked with enforcing employee rights to organize and discuss terms of employment, issued a number of decisions that impacted U.S. labor law. One decision stands out as fundamentally changing enforcement mechanisms under the National Labor Relations Act (NLRA). PilieroMazza discusses the decision and important takeaways for employers below. On December 13, 2022, the NLRB issued a decision in Thryv, Inc. and International Brotherhood of Electrical Workers, Local 1269. The decision . . . Read More

SBIR/STTR Reauthorization: Do’s and Don’ts of Program Eligibility for Small Business Contractors in Science and Technology

The Office of the Under Secretary of Defense for Research and Engineering oversees the Department of Defense Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. In September, Congress reauthorized the programs through 2025, and President Biden signed the SBIR and STTR Extension Act of 2022 (Act). SBIR/STTR programs present an opportunity for small business contractors in science and technology to assist the government with unique research and development needs. Below, PilieroMazza discusses the do’s and don’ts of SBIR/STTR program eligibility. SBIR/STTR programs provide . . . Read More

Impact of Postal Service’s $9.6 Billion Sustainability Investment on the Future of Government Contracts

The United States Postal Service (USPS) recently announced that it intends to procure over 60,000 new electric vehicles by 2028 in an effort to modernize its fleet and become more environmentally responsible. In this blog, PilieroMazza summarizes the USPS’s announcement and analyzes what impacts this acquisition may have on government contractors interested in sustainable procurements. The USPS Announcement On December 20, 2022, the USPS announced it was taking a major step towards becoming more environmentally conscious by investing $9.6 Billion over the . . . Read More

Congress Passes FY2023 NDAA and Implements Significant Changes to Federal Procurement Policy

Congress recently passed the  FY2023 National Defense Authorization Act (NDAA) , authorizing $858 billion in defense spending and implementing some significant changes to federal procurement policy. The bill will now be sent to President Biden to be signed into law, which we anticipate will happen any day.  PilieroMazza  examines key themes and provisions in the FY2023 NDAA that government contractors (small and large) should know to take advantage of contract opportunities and maintain compliance requirements. Background The NDAA is annual legislation that authorizes funding and programs for . . . Read More

Inflation Relief Is Coming for DOD Contractors

As PilieroMazza has reported , rising costs due to inflation have been one of the most significant issues facing contractors with fixed-price contracts for the past year. Although the Department of Defense (DOD) and General Services Administration (GSA) have taken some steps to ameliorate the situation, those solutions have left contractors wanting. But true relief may be in sight. Congress included a provision in the National Defense Authorization Act (NDAA) for Fiscal Year 2023 that would authorize DOD contractors to receive contract adjustments for inflation-related . . . Read More

Final Rule Establishes Requirements for New SBA Veteran Small Business Certification Program

The Small Business Administration (SBA) issued a final rule last week, officially transferring the responsibility for certification of veteran-owned small businesses (VOSB) and service-disabled veteran-owned small businesses (SDVOSB) to SBA, effective January 1, 2023. We previously blogged about this change here , indicating that Section 862 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 provided for the elimination of the Department of Veterans Affairs’ (VA) certification program altogether and implementation of a certification requirement for all VOSB / SDVOSB . . . Read More

2022 GAO Bid Protest Annual Report: Key Takeaways for Government Contractors

The Government Accountability Office (GAO) recently released its 2022 Bid Protest Annual Report (Report), which reviews statistics compiled from the cases brought before the agency, including protests, cost claims, and requests for reconsideration. In this blog, PilieroMazza analyzes what the Report reveals about bid protests at GAO, including recent trends and how the information could affect a contractor’s decision to file a protest and its likelihood of success. Analysis of the Report In fiscal year 2022, the number of cases filed with GAO was down 12% . . . Read More