USDA Proposes Resuscitating Rule to Blacklist Government Contractors for Labor Law Violations
On February 17, 2022, the United States Department of Agriculture (USDA) proposed a rule to update its Agriculture Acquisition Regulation (AGAR), which has not had a major revision since 1996. One component of the proposed rule requires USDA contractors to maintain compliance with a broad range of labor and employment laws and regulations in order to do business with the USDA. These requirements are strikingly similar to the Obama-era Fair Pay and Safe Workplaces Executive Order (nicknamed “the blacklist rule”). Contractors . . . Read More
DOL Updates Language on Service Contract Act Wage Determinations AGAIN!
An executive order increasing the minimum wage for non-exempt employees working on specified types of federal contracts took effect January 30, 2022. However, recent wage determinations issued by the Department of Labor (DOL) fail to appreciate that contracting officers are supposed to modify contracts to include the applicable Federal Acquisition Regulation (FAR) before the new minimum wage provisions are effective. Raising wages prior to proper incorporation of the applicable FAR provision risks a government contractor’s eligibility for a contract price . . . Read More
Weekly Update for Government Contractors and Commercial Businesses– May 25, 2022
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 latest episodes and follow us to hear more here . GOVERNMENT CONTRACTS Fraud Allegations Could Bedevil Borrowers in SBA COVID-19 Relief Programs for Many Years, Cy Alba , May 19, 2022 As everyone who has been tracking the COVID-19 relief programs since 2020 knows, at . . . Read More
OFCCP’s Growing Activism Portends Stricter Enforcement
The Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP) has taken several actions during the past six months that signal it will adopt a more forceful posture in ensuring that federal contractors meet their affirmative action and non-discrimination obligations toward their workforce. To prepare themselves for heightened scrutiny and tighter deadlines, government contractors should take steps now to set up their records for quick retrieval during OFCCP audits and rectify any unjustified pay disparities among their employees. . . . Read More
Weekly Update for Government Contractors and Commercial Businesses– May 19, 2022
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 latest episodes and follow us to hear more here . GOVERNMENT CONTRACTS GSA Seeks Feedback on Potential Changes to Polaris Joint Ventures, Cy Alba , May 13, 2022 On May 13, 2022, the General Services Administration (GSA) published draft proposed changes to the Polaris Government-Wide Acquisition Contract (GWAC). . . . Read More
Fraud Allegations Could Bedevil Borrowers in SBA COVID-19 Relief Programs for Many Years
As everyone who has been tracking the COVID-19 relief programs since 2020 knows, at the outset there was massive confusion about the programs’ requirements as well as fear that funding could run out before businesses with uncertain futures could secure assistance. Now, two years later, we have heard from numerous clients who have received notice that the Small Business Administration (SBA) intends to audit the Paycheck Protection Program (PPP) Loan or Economic Injury Disaster Loan (EIDL) applications, and even of . . . Read More
Washington Business Journal Publishes Cy Alba’s Article on Returning to the Office
Washington Business Journal published an article by Cy Alba , a partner in the Government Contracts Group at PilieroMazza , in its Leadership Trust series on May 11, 2022. In the article , entitled “Back to the office, back to the drawing board: Legal tips for redesigning jobs to fit a hybrid mold,” Cy discusses numerous issues that could arise as offices reopen and employees return to in-person work after working from home for two years. His topics are varied and range from vaccination policies to discrimination . . . Read More
Federal News Network Quotes PilieroMazza’s Cy Alba about Proposed Changes to Polaris RFP
Cy Alba , a partner in the Government Contracts Group at PilieroMazza , was quoted in Federal News Network on May 13, 2022. The article by Jason Miller, entitled “GSA is out with suggested corrections to $50B Polaris RFP,” discussed proposed amendments to the mentor-protégé and joint venture requirements in the Polaris governmentwide acquisition contract. “The law is not entirely clear on where the ‘line’ is on the amount of experience that can be required by an agency so I believe it would come down to . . . Read More
Law360 Quotes Katie Burrows on Inflation Risk Borne by Contractors on Fixed Price Contracts
Katie Burrows , a partner in the Government Contracts Group at PilieroMazza , discussed with Law360 the consequences of inflation for government contractors. In an article by Daniel Wilson published May 13, 2022, entitled “ Inflation Remedies Too Sparse To Aid Fixed-Price Contractors ,” Katie explained that for most federal fixed-price contracts, the risk of cost increases falls solely on the contractor, leaving many with potentially money-losing deals. “Those types of contracts place upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss, which allows the agency to . . . Read More
GSA Seeks Feedback on Potential Changes to Polaris Joint Ventures
On May 13, 2022, the General Services Administration (GSA) published draft proposed changes to the Polaris Government-Wide Acquisition Contract (GWAC). Specifically, the agency is proposing to revise Section L.5.1.3.1 of the request for proposals (RFP), dealing with joint ventures, after reviewing industry feedback and engaging with the Small Business Administration (SBA). GSA emphasized that the language is in draft form and is subject to change. Most importantly, members of the small business information technology community are encouraged to provide feedback to Polaris@gsa.gov by . . . Read More