GOVERNMENT CONTRACTS
PilieroMazza and Cy Alba Receive Top Honors from JD Supra for Government Contracting Content, PilieroMazza News, Isaias “Cy” Alba, IV
PilieroMazza is delighted to share that Isaias “Cy” Alba, IV, is listed among JD Supra’s 2024 Readers’ Choice Awards for content covering government contracting. Cy is distinguished with a third place ranking in the top ten list of authors—from a pool of over 2,000 authors—writing about all aspects of government contracting throughout 2023. The award recognizes Cy’s contributions to providing the government contracting community with engaging and relevant thought leadership. This is his fourth year earning this honor. The Firm also received recognition as a top firm for its coverage on topics important to government contractors. Read more here.
Federal Acquisition Regulation (FAR) Council Notice: FAR Part 40, Information Security and Supply Chain Security, Request for Information (RFI)
On April 10, the General Services Administration, Department of Defense, and National Aeronautics and Space Administration published a Notice to solicit feedback from the general public on the scope and organization of FAR part 40. The Notice is available here. Comments close June 10, 2024.
Government Accountability Office (GAO) Protest: TLS Joint Venture, LLC (TLS)
On April 1, GAO sustained TLS’s post-award protest of a contract to Silas Frazier Realty, LLC (SFR) under an RFP by the Department of the Navy (Navy) for custodial services. TLS argued that SFR was not eligible for award because its SAM registration lapsed before award. GAO agreed because SFR did not maintain continuous SAM registration between proposal submission and award. GAO recommended the Navy terminate for convenience the award for failing to comply with the terms of the solicitation and make a new selection decision. The full decision is available here.
General Services Administration (GSA) News Release: Biden-Harris Administration Takes Action to Cut PFAS from U.S. Government Custodial Contracts
To better protect the health of custodial staff, federal employees, and the environment, the Biden-Harris Administration is directing government contractors to purchase cleaning products for federal buildings that are free of toxic “forever chemicals.” This change is the result of a collaboration between the U.S. Environmental Protection Agency and the GSA to implement President Biden’s Federal Sustainability Plan, which directs federal agencies to prioritize the purchase of sustainable products and services including products without added per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals.” The change is reflected in GSA’s custodial specification. Contractors will be required to use products certified to ecolabels such as EPA’s Safer Choice which meet strict criteria for human health and the environment by using effective, safer chemical alternatives, as well as certain Green Seal® certifications. Read more here.
GAO Says Navy Awardee Ineligible Due to Registration Lapse, Law360
The U.S. Government Accountability Office has backed a protest over a nearly $5 million Navy custodial services contract, saying the awardee’s attempt to re-register in a federal contractor database ahead of expiration didn’t excuse a breach of a continuous registration requirement. Read more here (subscription required). The Decision is available here.
Upcoming Government Contracts Presentations
PM WEBINAR: PilieroMazza Annual Review: Lessons from 2023 Contract Claims and Appeals Decisions Affect Approach to 2024 Cases, Lauren Brier, Jonathan “Jon” R. Neri, April 18, 2024. Read more here.
WEBINAR: Small Business Contracting & Subcontracting, Isaias “Cy” Alba, IV, April 19, 2024. Read more here.
LABOR & EMPLOYMENT
New Wave of Pay Transparency Requirements Affects Employers and Federal Contractors, PilieroMazza Webinar Replay, Sarah L. Nash, Sara N. Strosser. Click here to view the recorded session.
Clocking in with PilieroMazza: Do I Have to Drug Test Employees as a Federal Government Contractor?, PilieroMazza Podcast, Nichole D. Atallah and Sarah L. Nash. Click here to listen to the podcast.
Joint Statement on Enforcement of Civil Rights, Fair Competition, Consumer Protection, and Equal Opportunity Laws in Automated Systems
On April 4, the Department of Consumer Financial Protection, Department of Justice, Equal Employment Opportunity Commission, Federal Trade Commission, Department of Education, Department of Health and Human Services, Department of Homeland Security, Department of Housing and Urban Development, and Department of Labor released a joint statement highlighting the need to ensure that automated systems marketed as artificial intelligence do not contribute to unlawful discrimination or violate Federal law. The agencies emphasize the need to monitor the development of the systems and the use of the same to protect individuals’ rights. Read more here.
General Services Administration (GSA) News Release: Technology Modernization Fund (TMF) Announces Targeted Investments to Improve Security at National Aeronautics and Space Administration (NASA), Department of Labor (DOL)
TMF announced two new investments in NASA and DOL addressing security vulnerabilities and improving agencies’ ability to deliver excellent, equitable, and secure services and a better customer experience to the American public. These investments aim to avoid future costs associated with cyber threats and mitigate risks associated with processing sensitive employee data. Read more here.
Calif. Bill Would Provide After-Hours ‘Right to Disconnect,’ Law360
California state lawmaker has introduced a first-of-its-kind bill that would give workers the right to ignore emails, text messages and phone calls from their employers after they clock out. Read more here (subscription required). The Bill is available here.
Upcoming Labor & Employment Presentations
CONFERENCE: Pricing it Right – Current Impacts on Cost and Pricing Strategies, Nichole D. Atallah, April 18, 2024. Read more here.
CONSTRUCTION / LABOR & EMPLOYMENT
Groups Fight DOL’s Bid to Toss Suit Challenging Wage Rule, Law360
A pair of construction industry trade groups urged a Texas federal court to preserve their challenge to a U.S. Department of Labor rule that revises prevailing wage calculations for federally funded projects, arguing that the rule injures both them and the firms they represent. Read more here (subscription required). The Brief is available here.
14 AGs Urge DOL to Seek More Payroll Info from Contractors, Law360
Contractors performing construction, alteration or repair work on government buildings should have to give the U.S. Department of Labor more detailed information about the deductions they take from workers’ wages, a coalition of Democratic state attorneys general told the agency in a letter publicized Wednesday. Read more here (subscription required). The Letter is available here.
CYBERSECURITY & DATA PRIVACY
Some Federal Agencies Want to Make IT Security Contracting Rules Simpler to Find, FedScoop
The National Aeronautics and Space Administration, the Department of Defense, and the General Services Administration joined together to issue a final rule that tweaks federal acquisition regulations to more efficiently address information and supply chain security, according to a posting on the Federal Register. Read more here.
Bipartisan Bill to Establish National Data Privacy Rights, Protections for U.S. Citizens, ExecutiveGov
Sen. Maria Cantwell, D-Wash., and Rep. Cathy McMorris Rodgers, R-Wash., introduced draft legislation that would establish national data privacy rights and protections for U.S. consumers. The American Privacy Rights Act aims to give consumers control over their personal data by enabling them to opt out of certain data processing and targeted advertising and enforce stricter protections for sensitive data, the Senate Committee on Commerce, Science and Transportation said Sunday. Read more here.
