New Minimum Wage Requirements for Government Contractors May Impact Price Adjustments

Effective January 1, 2021, the Executive Order (the Order) minimum wage rate that generally must be paid to workers performing work on or in connection with covered government contracts will increase to $10.95 per hour, while the required minimum cash wage that generally must be paid to tipped employees performing work on or in connection with covered contracts will increase to $7.65 per hour. Each year, the Department of Labor (DOL) assesses the established minimum wage and, using determined methodology, announces an . . . Read More

FAR Council Issues New Interim Rule on Section 889 Prohibitions on Using Chinese Telecommunications and Video Surveillance Equipment

If you have not viewed PilieroMazza’s prior client alert and webinar on the implications of the new prohibition on the use of certain Chinese telecommunications and video surveillance equipment, we highly recommend you do so before reading this article as it will provide helpful background and information which we will not rehash in this article.  You can find that content here and here , respectively. The FAR Council released a new interim rule , effective October 26, 2020, allowing federal contractors who already certified in . . . Read More

Certain SBA Loan Review Decisions Under Paycheck Protection Program Appealable

Millions of small businesses applied for and received loans under the Paycheck Protection Program (PPP), which was a temporary program established under the CARES Act enacted by Congress to provide relief to America’s small businesses due to the devastating effects of COVID-19.  But some businesses were denied loans and others are seeking forgiveness, only to find that they were deemed ineligible for full or partial forgiveness.  A new rule may provide small businesses with options to appeal these decisions. An . . . Read More

BLOG: When FAR Procurements Combine, Is a Debriefing Required?

PilieroMazza attorneys are frequently contacted by government contractors soon after they learn that their proposal was not selected for award, with the contractor considering whether or not to file a bid protest. If the contractor wants to pursue its post-award protest before the Government Accountability Office (GAO), an important question that needs to be answered is whether a debriefing is required? Determining whether a debriefing is required is imperative to determining whether or not the contractor can rely upon the . . . Read More

DOD Receives Section 889 Waiver from Director of National Intelligence

On August 12, 2020, Director of National Intelligence John Ratcliffe issued a memorandum to the Department of Defense (DOD) that waives DOD’s requirements under Section 889 of the National Defense Authorization Act for Fiscal Year 2019. The Federal Register published an interim rule on July 14, 2020, that implemented Section 889, which prohibits agencies from procuring telecommunications equipment and services from Huawei Technologies Company, Hangzhou Hikvision Digital Technology Company, Hytera Communications Company, Dahua Technology Company, and ZTE Corporation. The DOD originally released a . . . Read More

Prohibitions on Use of Some Chinese Telecommunications Equipment by Government Contractors Effective August 13, 2020

Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019—prohibiting government agencies and government contractors they work with from using certain covered telecommunications equipment or services from China—goes into effect on August 13, 2020. The FAR Council issued an interim rule implementing Section 889(a)(1)(B) by making a number of changes to 48 CFR Parts 1, 4, 13, 39, and 52. While the interim rule will be effective as of August 13, comments to the . . . Read More

BLOG: 10 Questions to Ask for a Successful Government Contracts Novation

Government contractor acquisitions present unique regulatory hurdles, and one major challenge is the preparation, submission, and execution of a novation package with the U.S. government. While the novation package itself is a hurdle, there are additional factors that impact its success. Below are ten questions government contractors should ask, which can spell the difference between a successful and unsuccessful novation. Novation Package Documentation Novation is required for the transfer or assignment of a federal government contract from one entity to . . . Read More

BLOG: CMMC Heads to the STARS: Important Cybersecurity Provisions in GSA’s 8(a) STARS III RFP

One of the hottest topics for government contractors is the General Services Administration’s (GSA) recent release of the updated 8(a) STARS III request for proposal (RFP). With proposals due by August 19, 2020, many contractors are knee deep in preparing responses to this critical multiple-award RFP. The RFP includes provisions to address the Department of Defense’s (DOD) upcoming Cybersecurity Maturity Model Certification (CMMC). CMMC has not even gotten off the ground yet for DOD, but is included in the 8(a) . . . Read More

BLOG: New DOL Rule Frees TRICARE Providers from OFCCP Audits and Enforcement

On July 2, 2020, the Department of Labor (DOL) published a final rule , which clarifies that its Office of Federal Contract Compliance Programs (OFCCP) lacks authority over certain medical providers who contract with TRICARE. While there has been a moratorium on OFCCP enforcement for TRICARE providers since 2014, the potential for future OFCCP audits and related litigation loomed large. This rule relieves healthcare providers who solely contract with the federal government through TRICARE from future OFCCP audits and enforcement. OFCCP enforces Executive . . . Read More

BLOG: COVID-19 Is Spiking More Than Just Fevers: 5 Things to Remember with Union Organizing on the Rise

As unemployment rises and companies face new COVID-19 health and safety challenges, many unions are exploring new ways to encourage employees to organize. In this climate of union organizing, it can be important to keep open communications with your workforce. Often, the best way to avoid a union organizing campaign is to listen to employee concerns as they arise and keep a watchful eye on signs that employees might be considering organizing, providing you an opportunity to get out in . . . Read More