What Does Bill Cosby’s Overturned Conviction Mean for Your Fifth Amendment Rights Against Self-Incrimination?
The Supreme Court of Pennsylvania recently overturned Bill Cosby’s 2018 conviction for crimes of sexual assault. Most have focused on the justness of this outcome. But the court’s 79-page opinion also has implications for how witnesses in civil cases navigate the potential risk of self-incrimination—including witnesses testifying on behalf of a corporation as a corporate designee under Federal Rule of Civil Procedure 30(b)(6). As we discussed in our blog on invoking the Fifth Amendment in a civil deposition, the privilege can . . . Read More
DOD Cancels $10 Billion JEDI Contract, Takes New Direction on Cloud Procurement
On July 6, 2021, the Department of Defense (DOD) canceled its $10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud procurement, close to two years after issuing the award to Microsoft and merely two months after the U.S. Court of Federal Claims issued a sealed decision denying the Department of Justice’s and Microsoft’s motions to dismiss Amazon Web Services’ (Amazon) bid protest challenging the award. This end to the JEDI saga will likely shape the decisions of other agencies as they . . . Read More
OFCCP Audits Are Coming: 7 Tips to Help You Prepare
The Office of Federal Contract Compliance Programs (OFCCP) just released its FY 2021 list of Supply & Service contractors it expects to audit (see FY 2021 CSAL Supply & Service). With enforcement a primary goal of OFCCP, preparing for an audit is key. If your company is on the list, PilieroMazza ’s Labor & Employment Group suggests you follow these 7 tips to properly prepare for an OFCCP audit to avoid potential penalties and possible loss of your government contract. Get your paperwork in order . . . 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
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
Biden Announces 50 Percent Increase in Small Disadvantaged Business Contracting Goals: Key Details for Government Contractors
On June 1, 2021, President Biden marked the 100-year anniversary of the Tulsa Race Massacre by announcing the Biden-Harris Administration’s plan to increase small disadvantaged business (SDB) contracting goals by fifty percent. The White House also released new information regarding President Biden’s American Jobs Plan. Below are key details on the new SDB contracting goals for government contractors. Biden’s announcement launched an all-of-government effort to expand contracting opportunities for underserved small businesses across the country. The new goal is to . . . Read More
DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know
As we previously reported , Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (2018 NDAA) required the Department of Defense (DOD) to issue new regulations to establish more detailed and comprehensive post-award debriefing rights. In March 2018, DOD issued a class deviation to implement some, but not all, of the rights required by the 2018 NDAA. On May 20, 2021, DOD published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement to make permanent various changes in the . . . Read More