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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.

 

REAS, CLAIMS, AND APPEALS

Overcoming the Sovereign Acts Doctrine: Contractor Recovers Costs Related to COVID-19 Quarantine, PilieroMazza Blog, Lauren Brier

As we know, in the almost five years since the COVID-19 pandemic began, courts have been reluctant to award costs to contractors affected by COVID-19, government-imposed safety regulations. However, in Chugach Federal Solutions, Inc., the Armed Services Board of Contract Appeals (ASBCA) sustained an appeal, granting costs related to the quarantine of personnel resulting from the pandemic since the U.S. Air Force assumed responsibility for such costs under a health and safety contract clause. For government contractors filing COVID-related claims, this decision underscores the significance of effectively structuring a contract and maintaining consistent communication with the contracting officer. Read more here.

 

CONSTRUCTION 

Biden Administration Doles out $4.2 Billion for Big-Ticket Infrastructure Projects, Government Executive

Boston’s transit agency will receive $472 million from the federal government to replace a century-old rail bridge, as part of $4.2 billion for forty-four major infrastructure improvements announced by the Biden administration Monday. A new Boston rail bridge, a California high-speed rail station, electric dock equipment in Miami, and a safer highway interchange in Iowa are among the forty-four projects selected for funding. Read more here.

Upcoming Construction Presentations

CONFERENCE: Building Bridges Between Stakeholders to Improve Project Outcomes, November 21, 2024, Lauren R. Brier 

CONFERENCE: Building Confidence: Demystifying Payment and Performance Bonds, November 22, 2024, Jessica A. duHoffmann 

 

GOVERNMENT CONTRACTS

Small Business Administration (SBA) Proposed Rule: Small Business Contracting, Increasing Small Business Participation on Multiple Award Contracts (MACs)

On October 25, SBA published a proposed rule and request for comments regarding the application of the Rule of Two to MAC task and delivery orders unless an exception applies. The rule is available here. Comments close December 24, 2024.

Federal Acquisition Regulation (FAR) Proposed Rule: List of Domestically Nonavailable Articles

On October 23, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a proposed rule and request for comments regarding amending the FAR to revise the list of domestically nonavailable articles under the Buy American Act and implement the requirements regarding future updates to the list. The rule is available here. Comments close December 23, 2024.

Small Business Administration (SBA) Notice of Proposed Rulemaking (NPRM): Accredited Lenders Program (ALP) Express Pilot to Permanent Status

On October 24, SBA published an NPRM and request for public comments regarding the potential permanency of increased delegated authorities made available under the ALP Express Pilot for Certified Development Companies (CDCs) approved for the ALP. The ALP Express Pilot expires on September 30, 2025. SBA is proposing rules to make the pilot permanent and is seeking public comment to identify which parts of the pilot have been successful and which may need further modification. The NPRM is available here. Comments close November 25, 2024. 

White House Press Release: Vice President Harris Announces Record Lending to Small Businesses in 2024 and New Actions to Cut Red Tape and Expand Contracting Opportunities

On October 24, Vice President Harris announced that the Small Business Administration (SBA) provided a record $56 billion through more than 100,000 small business financings in Fiscal Year (FY) 2024—the most in more than 15 years. The Vice President also announced new actions by the Biden-Harris Administration to cut red tape and expand access to Federal contracting opportunities. Read more here.

Upcoming Government Contract Presentations

SEMINAR: Legal Strategies & Capture Planning, November 1, 2024, Isaias “Cy” Alba, IV

TRAINING: Limitations on Subcontracting: Key Updates and Tips for Compliance, November 4, 2024, Aaron A. KorRyan J. Boonstra

SEMINAR: Legal MOSA (Modular Open System Approach) Considerations for Industry, November 12, 2024, Isaias “Cy” Alba, IV

TRAINING: SBA Regulatory Updates, November 12, 2024, Samuel S. Finnerty

CONFERENCE: The A-B-Cs of GovCon Greatness: Acing Federal Contracts with Your Power Trio, November 14, 2024, Meghan F. Leemon

TRAINING: Unlocking the Secrets of Debriefings, Government Evaluation of Proposals and Protests, November 21, 2024, Katherine B. BurrowsEric A. Valle

 

LABOR & EMPLOYMENT

A Senate Bill Targeting Teleworkers’ Locality Pay Now Has Its Companion in the House, Government Executive

A House Republican has joined a nascent effort to issue upwards of 30% pay cuts to federal employees who engage in regular telework by depriving them of their locality pay. Legislation introduced by Rep. Dan Newhouse, R-Wash., would bar federal workers from receiving locality pay if they telework at least once per week, a move that could amount to a 30% pay cut for many feds. Read more here.

Newly Formed Union Accuses NIH of Slow-Walking Bargaining Negotiations, Government Executive

The newly formed union of research fellows at the National Institutes of Health is facing a tight timetable this week for negotiating a labor contract with agency management and is alleging that those managers are trying to run out the clock. NIH Fellows United and agency management are still trying to reach a tentative agreement on pay, discipline, and anti-harassment protections before potentially voting on a contract. Read more here.

GOP Senators Blast Efforts to Protect Transgender Federal Employees, Government Executive

Senate Republicans are questioning the Biden administration over a policy to ensure transgender federal employees do not face discrimination, suggesting the guidance creates a hostile work environment for those who do not recognize transgender rights. Guidance ensuring feds can use the names and facilities they want creates a hostile environment for religious staff, lawmakers say. Read more here.

Upcoming Labor & Employment Presentations

CONFERENCE: ABCs of the SCA: Critical Path Service Contract Act Training for Contractors, November 20, 2024, Nichole D. AtallahSarah L. Nash

 

CYBERSECURITY & DATA PRIVACY

White House Reviewing HIPAA Cybersecurity Updates, Federal News Network

The White House’s lead regulatory office is reviewing a proposed rule that would upgrade the cybersecurity protections required under the Health Insurance Portability and Accountability Act (HIPAA). HHS wants to boost the cybersecurity protections required under HIPAA, as ransomware groups continue to target sensitive healthcare information. Read more here.