CMMC 2.0: 7 Key Takeaways to Help Government Contractors Prepare
On November 4, 2021, the Department of Defense (DOD) dropped a bombshell press release stating it plans to retract the Cybersecurity Maturity Model Certification (CMMC) 1.0 and replace it with a simplified, streamlined 2.0. The press release does not explain how DOD plans to simplify and streamline CMMC, but an Advance Notice of Proposed Rulemaking issued concurrently with the press release (and removed later the same day) contains some insights into the key changes DOD intends to make. An archived copy of . . . Read More
New Infrastructure Bill and Its Impact on Disadvantaged Business Enterprises in the Construction Industry
The Infrastructure Investment and Jobs Act ( the Bill )—which makes a portion of its $1.2 trillion available for surface transportation projects—currently awaits signature from President Biden and will have significant impacts for construction contractors participating in the Department of Transportation’s (DOT) Disadvantaged Business Enterprises (DBE) Program. The Bill addresses aid to federal highways, transit, highway safety, motor carrier, research, hazardous materials, and rail programs. DOT’s DBE Program permits states to set up DBE programs, in compliance with DOT standards, that promote . . . Read More
January 18 Marks New Deadline for Covered Federal Contractors to be Fully Vaccinated
On November 10, 2021, the Safer Federal Workforce Task Force updated its guidance regarding the deadline for covered contractors to meet vaccination requirements. The update extends the initial December 8, 2021 deadline to January 18, 2022. The updated guidance is available here and includes links to FAQs which were also updated to address circumstances where the CDC recommends delaying vaccination, explain that the January 18 deadline applies to work performed at both contractor and federal agency workplaces, and provide sample signage for . . . Read More
COVID-19 Vaccination and Testing: Critical Implications of OSHA’s ETS for Federal Government Contractors
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) published its long-awaited COVID-19 Vaccination and Testing Emergency Temporary Standards (ETS) for covered private employers, including nearly all private employers with 100 or more employees. The ETS is available here . The ETS sets forth workplace safety protocols mandating covered employers to implement workplace policies by January 4, 2022, requiring employees present in the workplace to be vaccinated or tested regularly. PilieroMazza ’s Labor & Employment Group addresses the critical implications of the ETS for federal . . . Read More
5 Things Every Contractor Should Know About the Contract Disputes Act
The well-worn adage that “you can’t fight City Hall” does not apply to federal government contractors. The Contract Disputes Act (CDA) provides the statutory framework governing contract disputes between contractors and the government. Although it is embodied in every government contract, its seemingly endless nuance and nearly 50 years of case law interpretation, can leave even the most experienced contractor confused at times. To prevent further confusion around the CDA, attorneys from PilieroMazza’s Government Contract Claims & Appeals Group offer . . . Read More
How Government Contractors Can Mitigate Potential Impacts of a Government Shutdown
As of this writing, and in the absence of a continuing resolution being enacted by Congress, there will be a shutdown of most government operations on October 1, 2021. It is not clear whether the House and the Senate will be able to pass a continuing resolution before that date. PilieroMazza summarizes below steps government contractors should consider to prepare for and mitigate damages arising from a government shutdown. We also identify important labor and employment issues that contractors should keep . . . Read More
New Vaccine Mandate Guidance Issued for Federal Contractors: 5 Things You Need to Know
On September 24, 2021, the Safer Federal Workforce Task Force (Task Force) issued much-anticipated guidance (Guidance) regarding President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors. Issued September 9, 2021, Executive Order 14042 announced that parties who contract with the federal government would soon be subject to mandatory COVID-19 vaccinations. The Task Force’s Guidance sets forth required workplace safety protocols for federal contractors and subcontractors with a covered contract, including details on the implementation of President . . . Read More
Making a Good Faith Effort: The Recent Update to FAR Subcontracting Plan Regulations
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration recently published a final rule that amends the Federal Acquisition Regulation (FAR) to better explain how contracting officers should evaluate “good faith efforts” on the part of prime contractors to comply with their small business subcontracting plans. These explanations were already included in Small Business Administration (SBA) regulations through a final rule published on November 29, 2019. But, the FAR amendments will allow contracting officers to more easily determine . . . Read More
New Developments in President Biden’s COVID-19 Requirements for Government Contractors
On September 16, 2021, President Biden released new guidance on implementing COVID-19 mandates for businesses working with the federal government. PilieroMazza ’s Labor & Employment Group highlights below important guidelines government contractors need to follow in order to comply. Please visit this link to access our September 10, 2021 Client Alert on this topic. New Developments on Complying with COVID-19 Mandate The Safer Federal Workforce Task Force (Task Force) confirmed on Monday that, for the time being, unvaccinated employees of government contractors . . . Read More
DOD Issues Class Deviation Making Limitations on Subcontracting Compliance More Uniform
As we previously wrote , the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule was recently revised to more closely mirror the U.S. Small Business Administration’s (SBA) LOS regulation. However, because the changes to the FAR do not account for more-recent revisions to SBA’s LOS rule, inconsistencies between the two sets of regulations remain. Recognizing this disconnect, the Civilian Agency Acquisition Council has released a memorandum authorizing civilian agencies to issue FAR class deviations to better align the FAR’s and . . . Read More