Weekly Update for Government Contractors and Commercial Businesses – August 24, 2022

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GOVERNMENT CONTRACTS

Action Required: Federal Contractor Data at Risk of Public Disclosure, 08.24.22, Kevin Barnett and Dozier Gardner
On August 19, 2022, the Department of Labor’s Office of Federal Contract Compliance Programs published a public notice to contractors about a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting 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. Below, PilieroMazza summarizes key points of the notice, including what information is at risk of being disclosed and how government contractors can protect their information. Read more here.

GSA Increases Alliant 2 Contract Ceiling to $75 Billion
The General Services Administration has increased its Alliant 2 contract ceiling by $25 billion, which brings the ceiling to $75 billion. Alliant 2, a best-in-class and government-wide acquisition contract, provides customized information technology services and IT services-based solutions to the federal government. The release of the Alliant 3 draft request for proposals is set for the first quarter of fiscal year 2023. Read more here.

SBA Statement on the Passage of the Inflation Reduction Act
The Small Business Administration (SBA) issued a statement on the passage of the Inflation Reduction Act. It discusses how the Inflation Reduction Act of 2022 makes investments to bring down costs, level the playing field, and open up historic opportunities for America’s 33 million small businesses and innovative startups. Read more here.

OMB Memo Places Zero Trust at the Top of Civilian Agency Priorities
The Office of Management and Budget issued a memorandum to all federal civilian agencies outlining the administration’s “cross-agency cyber investment priorities” for the fiscal year 2024 budget, emphasizing that implementing zero trust and IT modernization must be at the top of the list. Read more here.

Pentagon Advisers Want DOD to Build Out Agreements Between Small and Large Defense Businesses
For the past thirty years, Congress has continued to renew the Department of Defense’s (DOD) Mentor-Protégé Program—but only as a pilot. The program, which pairs up established defense companies with small businesses for mutually beneficial gains, has been continually saved from the chopping block by lawmakers since 1991. Now, after an in-depth look from outside business experts, the Defense Business Board is recommending Congress make the program permanent once DOD makes a few tweaks. Read more here.

VA Acquisition Management: Action Needed to Ensure Success of New Oversight Framework
The Government Accountability Office (GAO) was asked to examine how the Department of Veterans Affairs (VA) manages major acquisitions, which Office of Management and Budget guidance identifies as requiring special management attention. GAO published a report that assesses the extent to which VA acquisitions are following the current acquisition management framework and the extent to which the VA is positioned to implement a proposed acquisition framework, among other objectives. Read more here. Additional reporting is available here.

Upcoming Government Contracts Presentations

EVENT: GovCon Mergers and Acquisitions, August 31, Cy Alba. Read more here.

EVENT: How to File a Request for Equitable Adjustment or Claim on Your Contract, August 31, Jon Williams. Read more here.

WEBINAR: Labor & Employment Update: A Bumpy Road Ahead for Government Contractors, September 13, Sara Nasseri. Read more here.

WEBINAR: SBA Changing Certification Requirements for SDVOSBs/VOSBs in 2023, September 14, Meghan Leemon. Read more here.

WEBINAR: Protecting Your Confidential Information: FOIA Exemption 4 for Government Contractors, September 15, Kevin Barnett. Read more here.

LABOR & EMPLOYMENT

Labor & Employment Scoop! Important Takeaways for Government Contractors from NILG 2022, Sara Nasseri, 08.18.22
In this blog, PilieroMazza’s Labor & Employment attorney Sara Nasseri summarizes important takeaways for government contractors from the National Industry Liaison Group Conference in July, which focuses on developments and updates surrounding EEO, affirmative action, HR compliance and diversity and inclusion issues. The blog post covers key priority items for the OFCCP and the EEOC, as well as updates to state laws impacting government contractors in 2022 and beyond. Read more here.

Federal Acquisition Regulation: Use of Project Labor Agreements for Federal Construction Projects
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing to implement Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects, by amending the Federal Acquisition Regulation subpart 22.5, Use of Project Labor Agreements for Federal Construction Projects, to require the use of project labor agreements for large-scale Federal construction projects where the total estimated cost to the Government is $35 million or more, unless an exception applies. Comments on the proposed rule are due October 18, 2022. Read more here.

The Biden Administration Ends COVID-19 Testing Aimed at Unvaccinated Workers
New COVID-19 guidance for the federal workforce is now public on the Safer Federal Workforce Task Force website. It says that “agencies must stop implementing any COVID-19 serial screening testing programs and any point-in-time screening testing requirements that differentiate among individuals based on their COVID-19 vaccination status,” which aligns with the Centers for Disease Control and Prevention’s updated guidance. Also, “agencies should pause asking onsite contractor employees and visitors to federal facilities to provide information about their COVID-19 vaccination status, regardless of COVID-19 community levels, where COVID-19 safety protocols do not vary based on vaccination status.” Read more here.

Upcoming Labor & Employment Presentations

WEBINAR: Price Adjustments, September 9, Nichole Atallah. Read more here.

WEBINAR: Labor & Employment Update: A Bumpy Road Ahead for Government Contractors, September 13, Sara Nasseri. Read more here.

LITIGATION & DISPUTE RESOLUTION

U.S. Attorney’s Office Recovers Over $5.5 Million in Civil False Claims Settlement with American Senior Communities
American Senior Communities, L.L.C. (ASC), a provider of skilled nursing and long-term care, has agreed to pay $5,591,044.66 to resolve allegations that it violated the False Claims Act by submitting false claims to the Medicare program. Read more here.

Upcoming Litigation & Dispute Resolution Presentations

WEBINAR: Small Government Contractors and the FCA: Is More Enforcement on the Horizon? November 8, Jackie Unger and