DOL Finalizes Landmark Changes to Davis-Bacon Act: What Federal Construction Contractors Need to Know

On August 8, 2023, the Department of Labor (DOL) announced their final rule (Final Rule) revising the Davis-Bacon Act (DBA) and Davis-Bacon Related Acts (Related Acts) regulations. These are the largest and most significant revisions in the last 40 years. In this client alert, PilieroMazza ’s Labor & Employment Group summarizes key points of the Final Rule and its impact on prevailing wage and fringe benefit requirements for contractors working on government construction projects. The Final Rule is expected to be published in the Federal . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – August 3, 2023

If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . Podcasts: Listen to PilieroMazza’s podcasts GovCon Live!  here  and Clocking in with PilieroMazza  here .   GOVERNMENT CONTRACTS   Federal Acquisition Regulation (FAR): Sustainable Procurement, Case 2022-06 Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing to amend the FAR to restructure and update the regulations to focus . . . Read More

Impact of New Health and Welfare Rates on SCA Government Contracts

It’s that time of the year again when the Department of Labor’s (DOL) Wage and Hour Division (WHD) issues new Service Contract Act (SCA) health and welfare (H&W) rates. In June 2023, WHD increased the prevailing H&W fringe benefits from a rate of $4.80 per hour to $4.98 per hour. Where a contractor is obligated to comply with Executive Order (EO) 13706 sick leave obligations, the rates have increased from $4.41 per hour to $4.57 per hour. Updated rates of . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – July 27, 2023

If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here .   GOVERNMENT CONTRACTS Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program, PilieroMazza Client Alert, Antonio R. Franco and Patrick T. Rothwell On July 19, 2023, the U.S. District Court for the Eastern District of . . . Read More

FedScoop Interviews PilieroMazza’s Tony Franco on Judge Prohibiting Use of Presumed Racial Disadvantage in SBA 8(a) Program

A federal judge in Tennessee struck down the Small Business Administration’s use of presumed racial and ethnic disadvantage as a qualification for SBA’s 8(a) Program—a keystone program intended to broaden the government contracting landscape for small business government contractors—throwing it into uncertainty. In an interview with FedScoop, PilieroMazza ’s managing partner, Tony Franco , said he doesn’t believe the ruling would apply to people currently in the program, but that it could have a chilling effect on working with businesses in the program. . . . Read More

Government Contractors Protesting a Lease Award: Is It Worth It?

In a recent decision, the Government Accountability Office (GAO) found the General Services Administration (GSA) improperly awarded a lease to a firm whose proposal failed to comply with a material solicitation requirement. [1] Despite this finding, GAO did not recommend that GSA terminate the lease—leaving the protester only to possibly recover its “proposal preparation costs, as well as the costs of filing and pursuing its protest, including reasonable attorneys’ fees.” GAO’s decision presents an important question to disappointed offerors considering protesting . . . Read More

Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program

On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where it declared that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage, which is used in admitting many small-disadvantaged businesses to the SBA’s 8(a) program, violated the equal protection rights of a government contractor and enjoined the use of the rebuttable presumption in administering the 8(a) program. Ultima Servs. Corp. v. U.S. Dep’t of Agric., No. 2:20-CV-0041-DCLC-CRW (E.D. Tenn. July . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – July 20, 2023

If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here .   BID PROTESTS National Institutes of Health’s IT Acquisition and Assessment Center (NITAAC) to Take Corrective Action on CIO-SP4 After Government Accountability Office (GAO) Sustains 125 Protests, Federal News Network NITAAC will need several . . . Read More