If you have questions concerning the content below, please visit this link.
|
Upcoming Events: Register to attend PilieroMazza’s upcoming events here. Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here. GovCon Live! Podcast: Listen to PilieroMazza’s Podcast Series “Commercial Businesses New to Government Contracting” here. |
SECAF Honors Government Contract Attorney Jon Williams with Advocate of the Year Award
PilieroMazza, a business law firm serving the needs of government contractors and commercial businesses, is proud to announce that partner Jon Williams received the Advocate of the Year Award from the Small and Emerging Contractors Advisory Forum. The SECAF Advocate of the Year is bestowed upon a member who tirelessly championed the organization’s mission. The award was presented on May 4, 2023, at SECAF’s Annual Gala Awards Dinner, which was attended by approximately 500 guests. During the award presentation, attendees learned about Jon’s strong advocacy for the small business contracting community. Jon serves as an active member of SECAF’s board of directors and represents the organization as their general counsel. Read more here.
ICYMI: PilieroMazza’s Cy Alba Discusses the Polaris Procurement on BGOV Webinar
If you missed BGOV’s May 4, 2023, discussion about the Polaris procurement between Cy Alba, Practice Group Chair of PilieroMazza’s Government Contracts Group, and Bloomberg Government Analyst Paul Murphy, information for watching a replay of the conversation is available here.
NIH Eyeing August to End Protests on $50 Billion IT Contracts
More than 100 protests filed against the $50 billion-per-contract Chief Information Officer–Solutions and Partners 4 solicitation could be resolved by August, according to a National Institutes of Health program official. It is estimated more than 80% of losing bidders have protested. Protests continued to be filed as recently as May 4th. Read more here (subscription required).
Aerospace Group Pushes OMB to Nix Contractor Emissions Proposal
The Aerospace Industries Association recently wrote a letter urging the Office of Management and Budget to reject a proposed contracting rule that would require some federal contractors to disclose greenhouse gas emissions produced by their supply chains. Read more here.
Pentagon Wants Authority to Start Work on New Technologies Without Congressional Approval
In recent years, Congress has passed several pieces of legislation meant to speed up the Defense Department’s (DOD) acquisition system. Now, DOD officials have an idea of their own: they’re asking for new authorities that would let the military services begin early work on critical new programs without lawmakers’ explicit permission, arguing the current approval process takes too long and risks putting the U.S. military at a technological disadvantage. Read more here.
GSA: New Platform Will Make It Easier for Contractors to Manage GSA Advantage Catalogs
The General Services Administration (GSA) is piloting a modern web-based platform to give federal contractors quick and easy access to update their catalogs on GSA’s central purchasing website, GSA Advantage. Read more here.
GSA: Biden-Harris Administration Provides New Tools to Help Federal Agencies Find Diverse Suppliers, Advance Equity in Procurement
The General Services Administration and the White House Office of Management and Budget recently launched two resources for federal agencies to advance equity in procurement: the Government-wide Procurement Equity Tool (government account required) and the Supplier Base Dashboard. These tools, which launched earlier this spring, help agencies find businesses that are new to the federal marketplace, identify qualified vendors, and track their progress toward equity in procurement goals.
DOD: Class Deviation—Progress Payment Rates
On March 20, 2020, in response to the COVID-19 national emergency, the Department of Defense issued Class Deviation 2020-0010, and subsequently Revision 1, to increase the progress payment rates at Defense Federal Acquisition Regulation Supplement 232.501-1 to 90 percent for large business concerns and 95 percent for small business concerns. In accordance with H.J. Res 7, which was signed into law on April 10, 2023, the national emergency declared by the President on March 13, 2020, has been terminated. This Revision 2 reinstates the progress payment rate of 80 percent in the clause at Federal Acquisition Regulation 52.232-16, Progress Payments for new contracts with large businesses and retains the temporary increase to the progress payment rate of 95 percent for small business concerns to enable their continued access to cash flow through this financing method. Read more here.
GSA’s Pilot Transactional Data Is ‘Inaccurate and Unusable’, Watchdog Says
After almost seven years, the General Services Administration’s Transactional Data Reporting (TDR) pilot program is still “flawed” because of inaccurate, unreliable, and unusable data, which could cause government agencies to pay more for goods and services, according to the agency’s Office of Inspector General (OIG). The document is the latest OIG report to detail issues with the TDR pilot program. Established in 2016, the TDR pilot requires Multiple Award Schedule contractors to report transactional data, such as prices paid by government customers for products and services under a contract. In return, contractors do not have to disclose commercial pricing or comply with price reduction requirements. The report found that the program is full of inaccurate, unreliable, and unusable data. Read more here.
Upcoming Government Contracts Presentations
WEBINAR: Unlocking the Secrets of Debriefings, Gov’t Evaluation of Proposals and Protests, May 16, Katherine Burrows and Eric Valle. Read more here.
WEBINAR: Construction Roundtable: Top 4 Legal Risks for Federal Construction Contractors, May 17, Jessica duHoffmann and Nichole Atallah. Read more here.
WEBINAR: Partnering to Win: Teaming, Subcontracting, Joint Ventures, and Mentor-Protégé Agreements, May 23, Sam Finnerty and Meghan Leemon. Read more here.
WEBINAR: Cybersecurity for Government Contractors: Success Through Compliance Readiness, June 6, Kevin Barnett and Daniel Figuenick. Read more here.
Federal Contractors: Preparing Software Producers for Compliance with CISA’s Self-Attestation Form, 05.09.23, Cy Alba and Daniel Figuenick
As contemplated by PilieroMazza’s recent blog, the Cybersecurity and Infrastructure Security Agency (CISA) released a notice and request for comments on a new requirement for software producers to provide self-attestations regarding their software and its compliance with the secure software development practices, as described in the National Institute of Standards and Technology (NIST) Secure Software Development Framework (SSDF) (Special Publication 800–218). The Office of Management and Budget released a memorandum on September 14, 2022, requiring agencies obtain self-attestations from software producers before using their software. A draft version of the self-attestation form (Form) can be found here. Government contractors that produce and provide software to the government should become familiar with notable contents in the self-attestations, as described further below. Read more here.
Cyber Standards Deadline Extended for Federal Software Suppliers
The Biden Administration will extend the deadline for federal software suppliers to attest that they meet minimum cybersecurity requirements, the White House Budget Office said, as the administration works to finalize the details. Read more here (subscription required).
DOD Defense Industrial Base Cybersecurity Activities
The Department of Defense (DOD) published a proposed rule that would revise the eligibility criteria for the voluntary Defense Industrial Base Cybersecurity Program. The revisions would allow a broader community of defense contractors to benefit from bilateral information sharing, as it would allow all defense contractors who are subject to mandatory cyber incident reporting to participate. DOD is also proposing changes to definitions and some technical corrections for readability. Comments are due June 20, 2023. Read more here.
Upcoming Cybersecurity & Data Privacy Presentations
WEBINAR: Cybersecurity for Government Contractors: Success Through Compliance Readiness, June 6, Kevin Barnett and Daniel Figuenick. Read more here.
Diversity, Equity, Inclusion, Accessibility, & Belonging
BOOST LLC recently published a post regarding Diversity, Equity, Inclusion, Accessibility, & Belonging (DEIAB), stressing that it is important for creating an inclusive and successful workplace environment. It’s not simply a trend or lingo in the industry, it’s a movement. It’s about creating a more equitable environment where everyone has equal opportunities, regardless of their background. DEIAB, meaning diversity, equity, inclusion, access & belonging, provides a wealth of obvious benefits to a company, as well as a selection of hidden benefits that emerge over time, as company culture begins to shift to a more equitable and fair interpretation than was previously established. The post covers the benefits to establishing a DEIAB plan and things to consider with a DEIAB / Diversity Action Plan. Read more here.
The COVID-19 Vaccine Mandates for Feds and Contractors Are Officially Ending
The White House announced that it is officially ending the COVID-19 vaccine mandates for federal employees and contractors when the public health emergency ends on May 11, 2023. Both requirements have already been on pause for a while due to legal challenges. The White House also announced that the Health and Human Services and Homeland Security Departments are going to start the process to end their vaccine requirements for international travelers, Head Start educators and Centers for Medicare and Medicaid Services-certified facilities. More guidance will be issued in the coming days for these. Read more here.
DOL Announces National Emphasis Program to Reduce, Prevent Workplace Falls, Leading Cause of Workplace Fatalities
The Department of Labor announced that its Occupational Safety and Health Administration (OSHA) has begun a National Emphasis Program to prevent falls, the leading cause of fatal workplace injuries and the violation the agency cites most frequently in construction industry inspections. The program establishes guidance for locating and inspecting fall hazards and allows OSHA compliance safety and health officers to open inspections whenever they observe someone working at heights. An outreach component of the program will focus on educating employers about effective ways to keep their workers safe. If a compliance officer determines an inspection is not necessary after entering a worksite and observing work activities, they will provide outreach on fall protection and leave the site. Read more here.
Upcoming Labor & Employment Presentations
WEBINAR: Construction Roundtable: Top 4 Legal Risks for Federal Construction Contractors, May 17, Jessica duHoffmann and Nichole Atallah. Read more here.
CONSTRUCTION / LITIGATION & DISPUTE RESOLUTION
DOJ: Construction Company Owner and Former Residential Facility Employee Indicted for Rigging Bids for Public Contracts
William Ross Badoni and Elroy Harry made initial appearances in federal court on April 27 and April 25 on an indictment charging them with conspiracy to commit federal program fraud. The indictment also charges Badoni with one count of committing theft or bribery concerning programs receiving federal funds and eight counts of laundering of monetary instruments. Badoni and Harry will remain on conditions of release pending trial, which has not been scheduled. Read more here.
Upcoming Construction Presentations
WEBINAR: Construction Roundtable: Top 4 Legal Risks for Federal Construction Contractors, May 17, Jessica duHoffmann and Nichole Atallah. Read more here.