Weekly Update for Government Contractors and Commercial Businesses – September 9, 2022

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GOVERNMENT CONTRACTS

Federal News Network Interviews PilieroMazza’s Kevin Barnett: OFCCP to Disclose Confidential Federal Contractor Data, 09.02.22, Kevin Barnett
The Department of Labor’s Office of Federal Contract Compliance Programs recently published a notice to contractors about a Freedom of Information Act request from the Center for Investigative Reporting for all EEO-1 Reports submitted between 2016–2020. In a recent interview, PilieroMazza’s Kevin Barnett discussed the implications of releasing sensitive information and how government contractors can protect themselves. Read more here.

NASA to Combine Several IT Support Contracts into $1B New Contract Vehicle
The National Aeronautics and Space Administration (NASA) announced plans to consolidate its incumbent IT support contracts into a single vehicle—the NASA Consolidated Applications and Platform Services (NCAPS)—which is projected to be worth over one billion dollars. The new vehicle consolidates 10 current NASA support contracts in lieu of their recompetition. In the determination and findings document, NASA stated that NCAPS would “consolidate and standardize application and platform service requirements,” thereby lowering costs, improving service delivery, and bettering cybersecurity. Read more here.

Changes for Third Parties in SAM.gov Effective September 16th
The General Services Administration’s Integrated Award Environment (IAE) announced that, as of September 16, 2022, Entity Administrators in the System for Award Management must hold a position in the entity they administer. The intent of the change is to ensure that “entities are in control of who has permission to edit and maintain their information.” After the change, Entity Administrators will only be able to assign new third parties a Data Entry role, not an Entity Administrator one. All current third-party Entity Administrator roles will be converted into Data Entry roles at a later date. According to the IAE, third parties “can continue to create and manage registrations on behalf of entities with a Data Entry role” but “will no longer be able to assign roles to others.” Read more here.

DOD to Roll Out New Online Marketplace to Speedily Buy AI-Aligned Tech
The Pentagon is preparing to launch a new one-stop online “marketplace” to solicit, evaluate and curate technologies specifically associated with AI, machine learning, data, and analytics—and also to enable Department of Defense (DOD) components to rapidly buy those digital capabilities. DOD is targeting the first quarter of Fiscal Year 2023 to “go-live” with the minimum viable product of this new “Tradewind Solutions Marketplace.” Between now and September 30, 2022, officials are crowdsourcing suggestions from industry, academia, and government agencies on the concept and framework underpinning the new hub and how such organizations could help “shape” it. Read more here.

White House Issues Federal Workforce To-Do List to Meet Green-Government Goals
The White House Council on Environmental Quality released guidance that outlines the steps agencies must take to align with the Biden Administration’s ultimate goal of reaching net-zero emissions across all federal operations by 2050. Among other items, the guidance instructs agencies on how to build up the federal workforce to meet its green-government goals. Read more here.

NSA, CISA Release Compendium of Security Practices for Software Developers
Several agencies recently released a compendium of suggested practices for software developers to ensure greater supply chain security. Specifically, the Enduring Security Framework—a cross-sector working group concerned with high-priority cyber threats to national critical infrastructure—issued the guide, which consolidates the recommendations for planning software security requirements, designing secure architectures, adding security features, and conducting source code review and testing. Read more here.

Upcoming Government Contracts Presentations

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.

WEBINAR: Scorecard-Based Bids (Polaris, OASIS+, JETS 2.0, and others) Lessons Learned and Strategies, September 20, Cy Alba. Read more here.

WEBINAR: 5 W’s of Bid Protests: The Who, What, When, Where, and Why, November 10, Katie Burrows and Eric Valle. Read more here.

LABOR & EMPLOYMENT

NLRB Issues Notice of Proposed Rulemaking on Joint-Employer Standard
The National Labor Relations Board (NLRB) released a notice of proposed rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. Under the proposed rule, two or more employers would be considered joint employers if they “share or codetermine those matters governing employees’ essential terms and conditions of employment,” such as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision, assignment, and work rules. The NLRB proposes to consider both direct evidence of control and evidence of reserved and / or indirect control over these essential terms and conditions of employment when analyzing joint-employer status. Comments are due November 7, 2022. Read more here.

Federal Management Regulation: Soliciting Union Memberships Among Contractors in GSA-Controlled Buildings
The General Services Administration (GSA) is amending the Federal Management Regulation to revise its soliciting, vending, and debt collection policy in accordance with recommendations from the White House Task Force on Worker Organizing and Empowerment. Specifically, GSA is clarifying that activities related to worker organizing and collective bargaining among contractors’ employees working in Federal Government facilities are not covered or restricted by the general prohibition on soliciting, posting, and distributing materials in or on Federal property under the jurisdiction, custody, or control of GSA. These changes are effective September 2, 2022. Read more here. A related press release from GSA is available here.

Upcoming Labor & Employment Presentations

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

LITIGATION & DISPUTE RESOLUTION

Philips Subsidiary to Pay Over $24 Million for Alleged False Claims Caused by Respironics for Respiratory-Related Medical Equipment
Philips RS North America LLC, formerly known as Respironics Inc., a manufacturer of durable medical equipment (DME) based in Pittsburgh, Pennsylvania, has agreed to pay over $24 million to resolve False Claims Act allegations that it misled federal health care programs by paying kickbacks to DME suppliers. The affected programs were Medicare, Medicaid, and TRICARE. 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 Matt Feinberg. Read more here.