Comments on the proposed rule are due by April 1, 2024.
On January 30, the Department of Defense, General Services Administration, National Aeronautics and Space Administration, and Office of Federal Procurement Policy...more
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 U.S. Government Accountability Office decision, In the Matter of Steiner Construction Company, Inc., B-421254.9 (December 4, 2023), is a good reminder that timing counts when determining eligibility for small business...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 December 14, the Department of Labor issued its final rule implementing Executive Order 14055, entitled “Nondisplacement of Qualified Workers Under Service Contracts.” The executive order and rule seek to enhance...more
12/19/2023
/ Contract Disputes Act ,
Contractors ,
Department of Labor (DOL) ,
Employee Retention ,
Enforcement ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Final Rules ,
Right of First Refusal ,
Service Contract Act ,
Service Contracts
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
On December 1, 2023, Chairman of the U.S. House Committee on Small Business, Roger Williams, a Member of Congress from Texas, issued a letter to the Small Business Administration to request information regarding the SBA’s...more
What Does it Mean for Your Business?
This article updates and provides new information and guidance and replaces our original article dated August 3, 2023.
On January 1, 2024, the Corporate Transparency Act (the “Act”...more
On October 26, 2023, a new legal challenge to the federal Department of Transportation’s Disadvantaged Business Enterprise program was filed in the Federal District Court for the Eastern District of Kentucky.
Raising the...more
On November 20, 2024, the Treasury Department issued an interim final rule that makes changes to the regulations that govern the Coronavirus State and Local Fiscal Recovery Funds. The new rule clarifies how state, local, and...more
In August, the United States Department of Labor issued the most comprehensive updates to the Davis-Bacon and Related Acts in more than 40 years. The final rule went into effect on Oct. 23. Originally enacted in 1931,...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
This is an advisory update of key responsibilities for contractors under a proposed new Federal Acquisition Regulation (FAR) rule that standardizes cybersecurity requirements for a Federal Information System (FIS). The...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
11/1/2023
/ 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
This article updates and provides new information and guidance and replaces our original article dated August 3, 2023.
On January 1, 2024, the Corporate Transparency Act (the “Act” or the “CTA”) will take effect. This...more
10/27/2023
/ Beneficial Owner ,
Business Entities ,
Business Ownership ,
Corporate Governance ,
Corporate Transparency Act ,
Filing Deadlines ,
FinCEN ,
Penalties ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Reporting Requirements
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
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
As of September 29, 2023, the SBA’s certify.gov portal for submitting 8(a) applications (for both individually owned and entity-owned applicants) is back open and accepting new applications.
The SBA had previously...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
Ultima Services Corp. v. U.S. Dept. of Agriculture -
September 19, 2023 Ultima Services Corp. v. U.S. Dept. of Agriculture Shareholder On Friday, September 15, 2023, Ultima Services Corporation (“Ultima”) filed a motion...more