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
Karthik Consulting, LLC v. United States, Case No. 23-944, a recent Court of Federal Claims case, identifies an essential nuance in determining the eligibility of contractors who have graduated from the Small Business...more
11/1/2023
/ 8(a) Program ,
Construction Litigation ,
Court of Federal Claims ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
MACs ,
SBA ,
SBA Lending Programs ,
Small Business ,
Solicitation ,
USCIS
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
Effective January 1, 2024, the minimum wage for workers who perform work on or in connection with federal contracts will increase from $16.20 per hour to $17.20 per hour. This will apply to most federal contracts entered into...more
10/11/2023
/ Biden Administration ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Inflation Adjustments ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Wage and Hour
On Friday, October 6, 2023, Ultima Services Corporation filed a reply brief in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, which continued to argue for an injunction against the award...more
On Friday, September 29, 2023, the federal government filed its response to Ultima Services Corporation’s September 15th filing in the Ultima case. As a reminder, in its September 15th filing, Ultima Services Corporation...more
Funding for the 2023 fiscal year will expire on September 30, 2023 at 11:59 pm EST. If Congress does not enact a new appropriations law, portions of the government will shut down. A shutdown will affect federal contracts...more
On September 1, 2023, the U.S. District Court for the Eastern District of Tennessee issued an order in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, as a result of the status hearing...more
There were two important announcements from the Small Business Administration (“SBA”) on Monday, August 21, 2023:
- The SBA is extending the moratorium on the application of the bona fide place of business rule for 8(a)...more
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
8/23/2023
/ 8(a) Program ,
EDWOSB ,
Federal Contractors ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
Multiple Award Contracts ,
NAICS ,
New Rules ,
SBA ,
Small Business ,
Veterans ,
Women-Owned Businesses ,
WOSB
On July 27, 2023, the United States Senate passed its version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024 (S.2226), setting the stage for negotiation with the House of Representatives over the...more
Over the past forty years, federal government contracting has cemented its status as one of the primary drivers of the Alaska economy. Alaska Business’ annual Top 49ers routinely showcases businesses for whom federal...more
8/7/2023
/ Alaska ,
Cybersecurity ,
Employment Contract ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Minimum Wage ,
Minority-Owned Businesses ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Race Discrimination ,
SBA ,
Small Business
In the past several months, various challenges have been made to federal programs and policies including tribal gaming support, the Small Business Administration (SBA) 8(a) program, the Minority Business Development Program...more
8/3/2023
/ 8(a) Program ,
Biden Administration ,
Executive Orders ,
Federal Contractors ,
Indian Gaming ,
Mentor-Protege Program ,
Minimum Wage ,
Minority-Owned Businesses ,
SBA ,
Small Business ,
Tribal Governments
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
7/28/2023
/ 8(a) Program ,
Business Development ,
Federal Contractors ,
Final Rules ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
SBA ,
SDVO ,
Set-Aside Contracts ,
Small Business ,
WOSB
The Department of Defense, General Services Administration, and NASA have issued a new interim rule, FAR 52.204–27, implementing Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117–328), the...more
7/12/2023
/ Compliance ,
Consolidated Appropriations Act (CAA) ,
Department of Defense (DOD) ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
Interim Rule ,
Mobile Apps ,
Mobile Devices ,
NASA ,
New Regulations ,
TikTok
On May 23, 2023, the Court of Federal Claims (COFC) granted a preliminary injunction halting the award and performance of a contract awarded to Cloud Harbor Economics, LLC Cloud Harbor from the Department of Health and Human...more
6/23/2023
/ COFC ,
Contract Disputes ,
Department of Health and Human Services (HHS) ,
Failure to Comply ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Preliminary Injunctions ,
Registration Requirement ,
SAM ,
SBA ,
Solicitation
Two important decisions, one by the United States Supreme Court and one by the General Counsel for the National Labor Relations Board (“NLRB”), were issued this week and may be of interest to government contractors and...more
6/9/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Medicaid ,
Medicare ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Reimbursements ,
SCOTUS ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
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
6/5/2023
/ 8(a) Program ,
Business Development ,
Certification Requirements ,
Federal Contractors ,
Final Rules ,
Joint Venture ,
Mentor-Protege Program ,
SBA ,
Set-Aside Contracts ,
Small Business ,
WOSB
The System for Award Management (SAM.gov) is an official website of the U.S. government that federal contractors must use to register to do business with the federal government, including updating and maintaining their entity...more
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
In Ultima Services Corporation v. U.S. Department of Agriculture et al., Case No. 2:20-CV-00041, Ultima Services Corporation filed suit in the U.S. District Court for the Eastern District of Tennessee (Greenville Division)...more
In 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule implementing...more
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 1, 2022, the United States Department of Defense, General Service Administration, and National Aeronautics and Space Administration (NASA) issued a final rule amending the Federal Acquisition Regulation (FAR) to...more