Biden Administration Revives Nondisplacement of Qualified Workers Under Service Contracts

On November 18, 2021, the Biden Administration announced an executive order (EO) bringing back to life what was formerly EO 13495, Nondisplacement of Qualified Workers Under Service Contracts. The EO establishes that where a federal government contract subject to the Service Contract Act expires and a follow-on contract is awarded for the same or similar services at the same location, a successor contractor must grant a right of first refusal to the predecessor contractor’s employees (other than management and supervisory employees) before . . . Read More

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

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

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 Biden’s vaccine . . . 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 will continue to be permitted access . . . Read More

President Biden Issues Unprecedented COVID-19 Requirements for Private Employers and Government Contractors on National Scale

On September 9, 2021, the Biden Administration announced sweeping updates to its national strategy to combat COVID-19. The updates come less than a month after the Food and Drug Administration fully approved the Pfizer-BioNTech vaccine and as the country continues to experience a rise in COVID-19 cases. The plan, which still leaves a number of unanswered questions, including in certain cases a timeline for implementation, is available here . Below is PilieroMazza’s summary of key updates to the Biden Administration’s vaccination . . . Read More

The FAR’s Revised Limitations on Subcontracting: What You Need to Know

On August 11, 2021, the Federal Acquisition Regulatory Council (FAR Council) issued a final rule revising and standardizing the limitations on subcontracting (LOS), including the nonmanufacturer rule, that apply to small business concerns under Federal Acquisition Regulation (FAR) part 19, more closely aligning them with Small Business Administration (SBA) regulations. The final rule becomes effective today, September 10, 2021, and is summarized in more detail below. The FAR Council’s long-awaited LOS rule finally addresses major differences that had existed between SBA’s regulations . . . 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, that . . . Read More