The Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing amendments to the Federal Acquisition Regulations (FAR) that will align the FAR with regulatory...more
6/12/2024
/ Alaska ,
Comment Period ,
Deadlines ,
Federal Acquisition Regulations (FAR) ,
Mentor-Protege Program ,
Proposed Rules ,
Puerto Rico ,
SBA ,
Small Business ,
Subcontractors ,
Tribal Corporations
January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more
1/15/2024
/ Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Commercial Litigation ,
Construction Industry ,
Construction Project ,
Construction Workers ,
Contractors ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Motion To Enjoin ,
Procurement Guidelines ,
Project Labor Agreements ,
Regulatory Mandates ,
Subcontractors
As we come to the end of 2023, I wanted to take the opportunity to summarize the status of the various legal challenges on issues that are relevant to small business contractors.
Ultima Services Corp. v. U.S. Dept. of...more
The 2024 National Defense Authorization Act passed by the Senate and House this week contains provisions that may have an impact on small business contractors.
SEC. 862. PAYMENT OF SUBCONTRACTORS...more
On August 23, 2023, the United States Department of Labor (“DOL”) issued a final rule updating regulations issued under the Davis-Bacon Act. This is the DOL’s first comprehensive update to the Davis-Bacon Act regulations in...more
11/10/2023
/ Construction Industry ,
Construction Workers ,
Contractors ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Contractors ,
Labor Reform ,
Prevailing Wages ,
Regulatory Agenda ,
Regulatory Reform ,
Subcontractors ,
Wage and Hour
On August 23, 2023, the United States Department of Labor (“DOL”) issued a final rule updating regulations issued under the Davis-Bacon Act. This is the DOL’s first comprehensive update to the Davis-Bacon Act regulations in...more
11/1/2023
/ Construction Industry ,
Construction Project ,
Construction Workers ,
Contractors ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Contractors ,
Labor Reform ,
Prevailing Wages ,
Regulatory Agenda ,
Regulatory Reform ,
Subcontractors ,
Wage and Hour
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
8/2/2023
/ 8(a) Program ,
Bid Protests ,
Federal Contractors ,
Joint Venture ,
Mentor-Protege Program ,
New Regulations ,
New Rules ,
Procurement Guidelines ,
Regulatory Requirements ,
SBA ,
Small Business ,
Subcontractors ,
Subcontracts
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
On April 27th, the U.S. Small Business Administration (SBA) published a final rule making changes to the regulations governing its 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the SBA...more
6/1/2023
/ 8(a) Program ,
Bid Protests ,
Construction Contracts ,
Final Rules ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
NAICS ,
New Rules ,
Prime Contractor ,
Regulatory Standards ,
SBA ,
Small Business ,
Subcontractors ,
Women-Owned Businesses
The final rule is currently scheduled to go into effect on May 27, 2023
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program....more
5/3/2023
/ 8(a) Program ,
Business Ownership ,
Final Rules ,
HUBZone ,
Prime Contractor ,
Principal Place of Business ,
Proposed Amendments ,
Proposed Rules ,
SBA ,
Small Business ,
Subcontractors
In the past week, there were several important updates made to the Federal Acquisition Regulations by the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space...more
2/23/2023
/ Accelerated Payments ,
Amended Regulation ,
Contractors ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Services Administration (GSA) ,
SBA ,
Small Business ,
Subcontractors
On December 19, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule that, if enacted, will permit prime contractors to receive small-business subcontracting credit for subcontracts at any tier. The...more
On December 7, 2021, in Georgia v. Biden, Case No. 1:21-cv-163, a federal district court judge in the U.S. District Court for the Southern District of Georgia issued a preliminary injunction enjoining enforcement of the...more
Many federal contractors are required to file Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Reports). Generally, employers that are subject to Title VII of the Civil Rights Act of 1964, as...more
New Past Performance Regulations from the SBA: Section 868 of the National Defense Authorization Act for Fiscal Year 2021, Public Law 116–283, required the Small Business Administration (the SBA) to develop regulations that...more
7/29/2022
/ Enforcement ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Joint Venture ,
NDAA ,
New Regulations ,
Performance Standards ,
Prime Contractor ,
Proposed Regulation ,
SBA ,
Small Business ,
Subcontractors
On February 4, 2022, President Biden issued Executive Order 14063, which requires federal agencies engaging in “large scale” federal construction contracts to include in their solicitation and construction contracts a...more
On December 7, 2021, in Georgia v. Biden, No. 1:21-cv-163, a federal judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction barring enforcement of President Joe Biden’s...more
12/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
Popular ,
State and Local Government ,
Stays ,
Subcontractors ,
Vaccinations
On December 9, 2021, the Safer Federal Workforce Task Force issued a new statement regarding the court orders enjoining implementation of the federal contractor vaccine mandate. The Task Force statement is as...more
12/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
State and Local Government ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Tuesday, November 30th, the United States District Court for the Eastern District of Kentucky issued a preliminary injunction halting the government's enforcement of the federal contractor vaccine mandate on federal...more
On November 18, 2021, President Biden issued an executive order reinstating a version of the Nondisplacement of Qualified Workers Under Service Contracts executive order that had previously been implemented by President Obama...more
The Department of Defense (DoD) and the Civilian Agency Acquisition Council (CAAC) have both issued new Class Deviations from the FARs that implement Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal...more
10/14/2021
/ Biden Administration ,
Contract Terms ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Exemptions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Indian Self-Determination and Education Assistance Act (ISDEAA) ,
Policies and Procedures ,
Religious Exemption ,
Subcontractors ,
Vaccinations
The Department of Defense (DoD) and the Civilian Agency Acquisition Council (CAAC) have both issued new Class Deviations from the FARs that implement Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal...more
10/8/2021
/ Biden Administration ,
Civilian Agency Task Orders ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Executive Orders ,
Exemptions ,
Federal Contractors ,
Indian Self-Determination and Education Assistance Act (ISDEAA) ,
State and Local Government ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden issued his Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “Executive Order”) that, when implemented, will require most federal contractors to...more
9/30/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Federal Contractors ,
Masks ,
New Guidance ,
Reasonable Accommodation ,
Small Business ,
Social Distancing ,
Subcontractors ,
Vaccinations ,
Vaccine Passports ,
Virus Testing ,
Web Tracking ,
Workplace Safety