Publications Archives | Page 2 of 69

SBA Proposed Rule Significantly Changes Effect of Size/Status Recertifications and Alters M&A for Government Contractors

By: Samuel S. Finnerty, Daniel Figuenick, III

The Small Business Administration (SBA) recently issued a proposed rule ( Rule ) that would significantly change a government contractor’s obligations to recertify its size and socioeconomic status under set-aside contracts and the effect of such recertifications. The Rule impacts eligibility for set-aside contracts, significantly alters the landscape for mergers and acquisitions (M&A) in the government contracts industry, and could have other unintended downstream consequences. Historically, size and socioeconomic program status recertification have been addressed in separate parts of SBA’s regulations . . . Read More

FTC Non-Compete Ban Will NOT Become Effective September 4, 2024

Client Alerts 08.22.24

By: Nichole D. Atallah, Sarah L. Nash

As suspected and previewed in PilieroMazza’s April 24, 2024 blog , a Texas federal judge permanently blocked the Federal Trade Commission’s (FTC) impending restriction on non-competition agreements (Non-Compete Rule). This means, at least for now, businesses will not need to follow the Non-Compete Rule and can maintain non-compete provisions in their agreements with employees, so long as those agreements are state law compliant. U.S. District Judge Ada E. Brown indicated earlier this summer (see our coverage here ) she was likely to . . . Read More

Win or Lose: Using CMMC 2.0 Proposed Rule to Position Yourself for DOD Contracts

Client Alerts, Government Contracts 08.15.24

By: Isaias “Cy” Alba, IV, Daniel Figuenick, III

The Cybersecurity Maturity Model Certification ( CMMC ) Program has been a headache for many defense contractors since the idea was first introduced in 2019. The program seeks to protect unclassified information, including federal contract information (FCI) and controlled unclassified information (CUI) not intended for public release, shared by the Department of Defense (DOD) with its contractors and subcontractors. In December 2023, the DOD proposed a rule to formally codify the CMMC Program in a phased rollout. The DOD has now released . . . Read More

Trials and Trib(e)ulations: SBA Seeks Tribal Consultation on Eligibility, Funding, and Contract Competition

Client Alerts 08.08.24

By: Isaias “Cy” Alba, IV, Katherine B. Burrows

Government contractors who are members of a tribal nation should be aware of the meetings listed below and a listening session the Small Business Administration (SBA) is hosting regarding important developments within the SBA. These developments could affect HUBZone contract eligibility and federal funding and support programs for tribal nations, as well as prohibit Mentor-Protégé Joint Ventures from competing for Multiple Award Contracts. PilieroMazza explains in more detail below. New Proposed Rule The SBA seeks to discuss a proposed rule . . . Read More

Newly Increased Health and Welfare Rates on SCA Government Contracts

Client Alerts, Labor & Employment 08.01.24

By: Sarah L. Nash, Nichole D. Atallah

The Department of Labor’s (DOL) Wage and Hour Division (WHD) has again issued new Service Contract Act (SCA) health and welfare (H&W) rates. In July 2024, WHD increased the prevailing H&W fringe benefits from a rate of $4.98 per hour to $5.36 per hour. Where a contractor is obligated to comply with Executive Order (EO) 13706 sick leave obligations, the rates have increased from $4.57 per hour to $4.93 per hour. Updated rates of $2.36 per hour (without the EO) . . . Read More