OFCCP Extends Deadline for EEO-1 Data FOIA Objections
The Office of Federal Contract Compliance Programs (OFCCP) extended the deadline from September 19, 2022, to October 19, 2022, for government contractors to object to OFCCP’s possible release of the contractors’ Type 2 Consolidated EEO-1 reports. As noted in PilieroMazza’s September 13, 2022 client alert , OFCCP notified contractors of their right to file objections to a recent Freedom of Information Act (FOIA) request from the Center for Investigative Reporting. If a contractor fails to object by October 19, OFCCP will assume . . . Read More
Time Is Running Out: Federal Contractor Data at Risk of Public Disclosure Unless Objections Are Filed by Monday
On August 19, 2022, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a public notice to contractors about a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) for all EEO-1 Reports submitted between 2016–2020. Even though your company was not contacted directly, if your company filed an EEO-1 Report during that period, you must object to the disclosure by next Monday, September 19, 2022, or risk public release of sensitive information about . . . Read More
GSA Opens Doors to Union Organizers on Federal Contracts: What Contractors Need to Know
On September 2, 2022, the General Services Administration (GSA) issued a final rule regarding union access to GSA facilities. The changes, which are effective immediately, come following a White House Task Force on Worker Organizing and Empowerment recommendation for GSA to except union organizing and bargaining from the GSA’s general prohibition on soliciting, posting, and distributing materials in GSA-controlled property. While the previous version of the regulations included an exception for union organizer access to federal employees, there was no such exception for . . . Read More
Action Required: Federal Contractor Data at Risk of Public Disclosure
On August 19, 2022, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a public notice to contractors about a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) for all EEO-1 Reports submitted between 2016–2020. Even though your company was not contacted directly, if your company filed an EEO-1 Report during that period, you must object to the disclosure by September 19, 2022, or risk public release of sensitive information about your workforce. . . . Read More
Recent Decision May Result in Significant Increase in Personnel Costs and Back Wage Liability for Companies Doing Work in Maryland
On July 13, 2022, Maryland’s highest court issued a wide-reaching decision in Amaya v. DGS Construction, LLC that could have a substantial impact on personnel costs for companies doing business in Maryland. The unanimous ruling opened the door for employees to seek payment of wages for time spent waiting at a jobsite and/or traveling to and from a client work site under certain circumstances. Although Amaya involved construction employees, the decision is very likely to touch many companies operating in Maryland and will likely have . . . Read More
Government Contractor to Pay $9 Million to Resolve FCA Allegations of Cybersecurity Violations
On July 8, 2022, the Department of Justice announced that Aerojet Rocketdyne Inc.—a government contractor providing propulsion and power systems for launch vehicles, missiles and satellites and other space vehicles to the Department of Defense, NASA, and other federal agencies—agreed to pay $9 Million to resolve allegations that the company violated the False Claims Act by misrepresenting its compliance with cybersecurity requirements in certain federal government contracts. This is one of the first documented cases (which PilieroMazza attorneys discussed in a . . . Read More
House Passes Bill Increasing Importance of Subcontracting Plan Performance as an Evaluation Factor
On June 8, 2022, the U.S. House of Representatives passed a bill, referred to as H.R. 7694, “Strengthening Subcontracting for Small Businesses Act of 2022” (the Bill). The Bill seeks to amend the Small Business Act by requiring federal agencies to more broadly consider the content of subcontracting plans and subcontracting plan performance when evaluating large businesses for federal contracts. If enacted, the Bill should encourage large businesses to subcontract more work to small businesses and to achieve their small . . . Read More
SBA Extends Bona Fide Place of Business Moratorium
Last August, PilieroMazza reported that Bibi Hidalgo, the Associate Administrator for SBA’s Office of Government Contracting and Business Development, announced that SBA will be suspending the bona fide place of business requirement for 8(a) construction contracts, effective immediately. While the Small Business Act requires that, to the “maximum extent practicable, construction subcontracts awarded by the Administration pursuant to this subsection shall be awarded within the county or state where the work is to be performed,” in light of the COVID-19 pandemic, it . . . Read More
DOD Issues Guidance on Effect of Inflation on Government Contractors
On May 25, 2022, the Department of Defense (DOD) issued Guidance on Inflation and Economic Price Adjustment (Guidance Memorandum). It was long overdue. Inflation is steadily rising and, as a result, contractors with fixed-price contracts are forced to shoulder skyrocketing supply costs since fixed-price contractors bear the risk of increased costs. As these cost increases erode profit margins and continue to drive contracts into loss positions, contractors are seeking some type of relief. PilieroMazza recently hosted a webinar, Supply Chain Pain: How Contractors Can Get Relief from a Supply Chain-Related Claim , detailing relief options and best practices when a . . . Read More
GSA Seeks Feedback on Potential Changes to Polaris Joint Ventures
On May 13, 2022, the General Services Administration (GSA) published draft proposed changes to the Polaris Government-Wide Acquisition Contract (GWAC). Specifically, the agency is proposing to revise Section L.5.1.3.1 of the request for proposals (RFP), dealing with joint ventures, after reviewing industry feedback and engaging with the Small Business Administration (SBA). GSA emphasized that the language is in draft form and is subject to change. Most importantly, members of the small business information technology community are encouraged to provide feedback to Polaris@gsa.gov by . . . Read More