Section 889 Part B to Take Full Effect for DOD Contractors on October 1st
In October 2020, we wrote about a memorandum issued by the now former Director of National Intelligence (DNI), John Ratcliffe, which waived the requirement that Department of Defense (DOD) contractors comply with Part B of Section 889 of the National Defense Authorization Act for Fiscal Year 2019 until September 30, 2022. Unless another waiver is granted, full compliance with Section 889, Parts A and B, will be required starting October 1st for all DOD contracts. Essentially, Section 889 is a broad prohibition . . . Read More
SBA’s Proposed Rule Alters the Landscape for Size and Status Protests
On September 9, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule (the Rule) making substantial changes to the 8(a) Business Development program (covered here in a previous PilieroMazza alert). Scattered throughout the Rule are various protest-related changes for the Women-Owned Small Business (WOSB), Service-Disabled Veteran-Owned Small Business (SDVOSB), and Historically Underutilized Business Zone (HUBZone) Programs. The Rule expands and limits the ground rules for filing a size or status protest against an apparent successful offeror. To avoid losing contracting opportunities . . . Read More
SBIR/STTR Extension: Proposed Requirements for Small Business Contractors
On September 22, the Senate passed the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022 . As it heads to the House of Representatives, government contractors in these programs should be weary of various changes that would significantly impact both programs, if passed. Particularly, the bill cracks down on foreign investment and affiliation in SBIR/STTR participants, as well as increasing performance standards for firms considered “SBIR Mills,” the term given to small businesses receiving a significant number of awards under Phase I and II of the SBIR program . . . Read More
DOD Offers Relief for Contractors Facing Registration Challenges with SAM.Gov
As many contractors know all too well, the System for Award Management (SAM) has had a rocky 2022 driven by the transition from the Data Universal Numbering System (DUNS) to the assignment of Unique Entity IDs (UEI) through SAM. PilieroMazza previously wrote about the issues here . The switch resulted in a wide range of entity validation issues, causing contractors undergoing the validation process to miss their payment deadlines and significantly hampering their ability to register in SAM in time for . . . Read More
Impact of SBA Proposals on WOSB and HUBZone Programs, Joint Ventures/Mentor-Protégés, and Nonmanufacturer Rule Waivers
As PilieroMazza noted recently here , SBA released a major proposed rulemaking that will impact government contractors. While the proposed rule is heavily geared toward SBA’s 8(a) Program, SBA included proposals for many of its other small business programs as well. This client alert provides contractors with an overview of SBA’s proposals related to Woman-Owned Small Business (WOSB) and HUBZone Programs, as well as joint ventures and nonmanufacturer rule (NMR) waivers. WOSB Program As you may be aware, SBA’s regulations provide . . . Read More
DOD and GSA Inflation Update: Key Takeaways for Government Contractors
Inflation continues to be among the top problems facing government contractors , as it continues to rise and contractor’s resources to address the problem become depleted. Even falling gas prices is not enough to curb the steady rate of inflation. In the past two weeks, the Department of Defense (DOD) and General Services Administration (GSA) updated their guidance on contractual adjustments for inflation. Although not perfect, the guidance is a step in the right direction. In this client alert, PilieroMazza attorneys offer key takeaways to help . . . Read More
OFCCP Extends Deadline for EEO-1 Data FOIA Objections
The Office of Federal Contract Compliance Programs (OFCCP) extended the deadline from September 19, 2022, to October 19, 2022, for government contractors to object to OFCCP’s possible release of the contractors’ Type 2 Consolidated EEO-1 reports. As noted in PilieroMazza’s September 13, 2022 client alert , OFCCP notified contractors of their right to file objections to a recent Freedom of Information Act (FOIA) request from the Center for Investigative Reporting. If a contractor fails to object by October 19, OFCCP will assume . . . Read More
Time Is Running Out: Federal Contractor Data at Risk of Public Disclosure Unless Objections Are Filed by Monday
On August 19, 2022, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a public notice to contractors about a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) for all EEO-1 Reports submitted between 2016–2020. Even though your company was not contacted directly, if your company filed an EEO-1 Report during that period, you must object to the disclosure by next Monday, September 19, 2022, or risk public release of sensitive information about . . . Read More
GSA Opens Doors to Union Organizers on Federal Contracts: What Contractors Need to Know
On September 2, 2022, the General Services Administration (GSA) issued a final rule regarding union access to GSA facilities. The changes, which are effective immediately, come following a White House Task Force on Worker Organizing and Empowerment recommendation for GSA to except union organizing and bargaining from the GSA’s general prohibition on soliciting, posting, and distributing materials in GSA-controlled property. While the previous version of the regulations included an exception for union organizer access to federal employees, there was no such exception for . . . Read More
Action Required: Federal Contractor Data at Risk of Public Disclosure
On August 19, 2022, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a public notice to contractors about a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) for all EEO-1 Reports submitted between 2016–2020. Even though your company was not contacted directly, if your company filed an EEO-1 Report during that period, you must object to the disclosure by September 19, 2022, or risk public release of sensitive information about your workforce. . . . Read More