Sovereign Acts Doctrine: New Government Defense Tactic Against COVID-Related Claims and REAs
With the rise in COVID-19 cases due to the Delta variant, government contractors and the government agencies they work with may also see a rise in COVID-related claims and requests for equitable adjustment (REAs) linked to their contracts. In this blog, PilieroMazza reviews a key government defense tactic, the Sovereign Acts Doctrine (the Doctrine), that contractors should be aware of to help them better prepare before filing a claim or REA. What is the Sovereign Acts Doctrine? The Doctrine provides . . . Read More
BREAKING: SBA to Suspend Bona Fide Place of Business Requirements for 8(a) Construction Contracts, Effective Immediately
Bibi Hidalgo, the Associate Administrator for SBA’s Office of Government Contracting and Business Development, just announced during her keynote address at the National 8(a) Association Alaska Regional Conference that SBA will be suspending the bona fide place of business requirement for 8(a) construction contracts, effective immediately. Ms. Hidalgo stated that SBA has been looking for ways to empower small businesses and lessen their burden. She accounted, “I am excited to announce today, for the first time, a new SBA policy, . . . Read More
Proposed Rule Seeks to Strengthen Impact of Buy American Act – 6 Key Takeaways
On January 25, 2021, President Biden signed an Executive Order titled “Ensuring the Future Is Made in All of America by All of America’s Workers” (Executive Order). As PilieroMazza previously explained , the Executive Order directed that a number of actions be taken in furtherance of the Biden administration’s overarching policy to maximize the procurement of goods, products, and materials from sources that will help American businesses compete in strategic industries and help American workers thrive. This included a direction for . . . Read More
DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know
Westlaw Today recently published an article by Jackie Unger titled “DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know.” The article covers a Department of Defense proposed rule that would amend the Defense Federal Acquisition Regulation Supplement to permanently implement the enhanced post-award debriefing rights detailed in Section 818 of the National Defense Authorization Act for Fiscal Year 2018. To access the full article, please visit this link .
SBA Issues New HUBZone Guidance and Map Updates
The Small Business Administration (SBA) has once again updated its HUBZone FAQs—this time with welcome changes for HUBZone firms with principal offices located in Redesignated Areas and / or Qualified Disaster Areas (QDA). The latest FAQs state that they were effective June 24, 2021, but we saw them for the first time on SBA’s website earlier this month. Below are our top five takeaways from the latest FAQs. While SBA’s FAQs continue to state that a firm located in a . . . Read More
Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance More Uniform
The Federal Acquisition Regulatory Council (FAR Council) recently issued a final rule on August 11, 2021, updating the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule to more closely mirror the U.S. Small Business Administration’s LOS regulation. However, inconsistencies between the two sets of regulations remain. To bridge the divide, on August 13, 2021, the Civilian Agency Acquisition Council (CAAC) released a memorandum authorizing civilian agencies to issue FAR class deviations adopting certain exceptions to the LOS requirements for small . . . Read More
What President Biden’s Vaccine Mandate Means for Government Contractors and Private Employers
Westlaw Today recently published an article by Nichole Atallah , Sarah Nash , and Sara Nasseri titled “What President Biden’s Vaccine Mandate Means for Government Contractors and Private Employers.” The article covers President Biden’s July 29, 2021, announcement that all onsite federal employees and contractors are required to be vaccinated or face strict testing, social distancing, and masking requirements—diving into the new vaccine mandate’s implications for federal contractors and private employers. To access the full article, please visit this link .
What President Biden’s Vaccine Mandate Means for Government Contractors and Private Employers
With the rise in COVID-19 cases across the country in the wake of the Delta variant, local, state, and federal officials have been taking steps to revise guidance, update recommendations, and revisit plans and protocols. In one such significant measure, President Biden announced yesterday that all onsite federal employees and contractors are now required to be vaccinated or face strict testing, social distancing, and masking requirements. Following similar measures from several states for state-employed personnel, the requirements certainly have implications . . . Read More
CIO-SP4 Amendment 7: Major Changes for Small Business and Large Business Prime / Subcontractor Teams
The National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) just issued major changes to the Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Request for Proposals (RFP) under Amendment 7 to the RFP. These changes will impact both small and large business teams who intend to rely on subcontractors (i.e. FAR 9.601(2) Contractor Team Arrangement (CTA) members). For small business teams, Amendment 7 clarifies that only first-tier subcontractors can be used for purposes of meeting the requirements for . . . Read More
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