On October 28, 2022, the Department of Defense’s amendments to FAR 52.212-3 and FAR 52.219-1 became effective. These changes amended the Federal Acquisition Regulations to be in line with prior changes by the SBA to its...more
11/29/2022
/ 8(a) Program ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
SBA ,
Small Business ,
WOSB
On May 20, 2021, President Biden issued Executive Order 14030, Climate-Related Financial Risk, which directed the implementation of policies that would “advance consistent, clear, intelligible, comparable, and accurate...more
Due to recent global events causing high inflation, the Small Business Administration (“SBA”) issued a final rule on November 17, 2022. This final rule has two primary components. First, it adopts, without change, the interim...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
In April of 2021, President Biden issued Executive Order 14026, which increased the minimum wage for employees of federal government contractors to $15. The Executive Order provided that this minimum wage would be adjusted to...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
There have been significant delays in registering entities at SAM.gov, and that has been adversely impacting the ability of some federal contractors to respond to certain procurements/solicitations because FAR 4.1102(a)...more
On September 9, 2021, President Biden issued Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, which directs federal agencies to include in certain federal contracts a clause requiring...more
8/30/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
State and Local Government ,
Statutory Authority ,
Vaccinations
On Thursday, August 19, 2022, as mandated by Executive Order 14063, issued by President Biden February 4, the Federal Acquisition Regulatory Council proposed a rule to amend the Federal Acquisition Regulations (FARs) to...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 November 18, 2021, President Biden issued Executive Order 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” reinstituting the requirement that successor contractors on Service Contract Act contracts...more
7/29/2022
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Retention ,
Employees ,
Executive Orders ,
Federal Contractors ,
Regulatory Reform ,
Regulatory Requirements ,
Service Contract Act ,
Service Contracts ,
Successors
In an effort to counteract the economic damage wrought by the COVID-19 Pandemic, Congress passed the Infrastructure Investment and Jobs Act in November of 2021. Part of that bill set aside $370 billion to improve and expand...more
With inflation in the United States ballooning 8.2% since April of 2022, government contractors with firm fixed price (FFP) contracts are looking for relief. Unfortunately, the Department of Defense (DoD) recently issued a...more
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
In April 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...more
As Alaska’s special election to replace U.S. Congressman Don Young heats up, it is important to remember there are election law restrictions and requirements that apply to Alaska Native Corporations. For example, there are...more
On Thursday, April 7, 2022, in Feds for Medical Freedom v. Biden, No. 22-400-43, the Fifth Circuit Court of Appeals reversed a federal district court’s nationwide injunction barring implementation of Executive Order 14043,...more
4/12/2022
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employees ,
Executive Branch ,
Executive Orders ,
Federal Contractors ,
Injunctions ,
Jurisdiction ,
Oral Argument ,
Regulatory Mandates ,
Remand ,
Reversal ,
Vaccinations
Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction -
Oral argument on the United States’ appeal of the nationwide injunction against President Biden’s federal contractor vaccine mandate is...more
3/25/2022
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Mandates ,
Federal Contractors ,
Georgia ,
Injunctions ,
Oral Argument ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations
On December 23, 2021, the Office of Hearings and Appeals (OHA) of the federal government’s Small Business Administration (SBA) issued a decision in the size appeal of Odyssey Sys. Consulting Grp., SBA No. SIZ-6135 (Dec. 23,...more
Implementation of the federal contractor vaccine mandate remains subject to a nationwide injunction issued by the U.S. District Court for the Southern District of Georgia. The federal government has appealed this injunction...more
There are several upcoming events and deadlines that are relevant to the Occupational Safety and Health Administration’s (“OSHA”) “large employer” emergency temporary standard (the “ETS”), which require businesses with 100 or...more
1/6/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Multidistrict Litigation ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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, December 7, 2021, in The State of Georgia, et. al. v. Biden, et. al., Case No. 1:21-cv-163, a federal district court judge in the United States District Court for the Southern District of Georgia issued a...more
12/8/2021
/ Appeals ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Statutory Authority ,
Stays ,
Vaccinations
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