PilieroMazza’s Weekly Update is an e-mail sent on Fridays that recaps legislative and regulatory issues affecting businesses of all sizes. When government agencies propose significant changes to existing regulations or Congress passes legislation of special interest to the small business community, we follow-up the Weekly Update with an analysis of the proposed change and the likely impact on small business.

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Weekly Update for Government Contractors and Commercial Businesses - September 19, 2019

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NATIVE AMERICAN LAW

Key Ruling on Native American Sovereign Immunity Stands—for Now, September 13, 2019, Paul Mengel
The Fourth Circuit case Williams v. Big Picture Loans is being hailed as a major victory for Native American sovereign immunity rights. For entities owned by Native American tribes, the case stands as an important ruling for determining arm-of-the-tribe sovereign immunity. The case may be appealed to the Supreme Court. [Read More]

CYBERSECURITY & DATA PRIVACY

DOD Needs to Fully Implement Program for Piloting Open Source Software
Open source software is code that is released under a license which grants users the right to modify, share, and reuse the software. Making code available for reuse as open source can have major benefits such as decreasing costs and improving efficiencies. The National Defense Authorization Act for Fiscal Year 2018 required the Department of Defense (DOD) to submit a plan to Congress for initiating the open source software pilot program established by Office of Management and Budget (OMB) memorandum M-16-21. The Government Accountability Office (GAO) released a report titled “Information Technology: DOD Needs to Fully Implement Program for Piloting Open Source Software.” This report found that DOD has not fully implemented an open source software pilot program and related policy requirements. For the requirement of securing data rights and inventory code, DOD issued a memorandum that directs contracting officers to secure data rights and to identify all source code created after August 2016. However, DOD’s components have not executed these activities nor has DOD identified a milestone for when they will be completed. Read the full report here.

LABOR & EMPLOYMENT LAW

NLRB Adopts Contract Coverage Standard for Determining Whether Unilateral Changes Violate NLRA
The National Labor Relations Board (NLRB) adopted the “contract coverage” standard for determining whether a unionized employer’s unilateral change in a term or condition of employment violates the National Labor Relations Act (NLRA). In doing so, NLRB abandoned the “clear and unmistakable waiver” standard, which has been rejected by several federal courts of appeals, notably including the Court of Appeals for the District of Columbia Circuit, which has plenary jurisdiction to review NLRB rulings. The decision is M.V. Transportation, Inc. Under the “contract coverage” or “covered by the contract” standard, NLRB will examine the plain language of the parties’ collective-bargaining agreement to determine whether the change made by the employer was within the compass or scope of contractual language granting the employer the right to act unilaterally. If it was, NLRB will honor the plain terms of the parties’ agreement, and the employer will not have violated the National Labor Relations Act by making the change without bargaining. Read more here.

Actions Needed to Improve Planning for Center Operation Contracts
The Department of Labor’s (DOL) Job Corps program helps low-income youth obtain various skills, including those needed to find a job. Its centers are operated mostly by contractors. GAO released a report titled “Job Corps: Actions Needed to Improve Planning for Center Operation Contracts.” This report reviews DOL’s use of bridge contracts at these centers. Such contracts can prevent a lapse in service after a contract ends. However, in certain circumstances, they may increase the risk of government overpaying. The report found that 68 contractor-run centers operated under bridge contracts during program year 2016, but use of bridge contracts decreased substantially the next year. GAO recommends that DOL better plan for awarding center contracts. Read the full report here.

Related Labor & Employment Law Presentations by PilieroMazza

PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which includes commentary on potential pitfalls for your company, enforcement issues, and emerging trends. Check out our latest episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which went live on August 19th. [Read More]

EVENT: Clearing a DOL Audit,September 25, 2019, Speakers: Nichole Atallah andSarah Nash. [Read More]

BUSINESS & CORPORATE LAW

Related Business & Corporate Law Presentations by PilieroMazza

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business,October 15, 2019, Speaker: Kathryn Hickey. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

GOVERNMENT CONTRACTS LAW

5 Things Government Contractors Should Know About Task Order Protests, September 11, 2019, Michelle Litteken
With the fiscal year coming to a close, federal agencies are issuing notices of award and disappointed offeror letters. Because of the push toward category management and the growth in government-wide acquisition contracts and indefinite delivery, indefinite quantity contracts, many of the procurements involve task orders. Although a task order may be similar to a contract in many respects, the rules that apply to protesting the award of a task order are different. Understanding these rules is essential for any government contractor competing for task order awards. Here are five things contractors should know about task order protests. [Read More]

Request to Review Revision and Renewal of Information Collection Requirement Submitted
DOD, the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued a notice that submits an information collection requirement regarding changes, change order accounting, and notification of changes to OMB for review and approval. The information collection title is titled “Changes, Change Order Accounting, and Notification of Changes.” This clearance covers the information that contractors must submit to comply with Federal Acquisition Regulation (FAR) part 43 requirements. For acquisitions exceeding the simplified acquisition threshold for dismantling, demolition, or removal of improvements; and constructions, under a fixed-price contract, the contractor must assert its right to an adjustment under this clause within 30 days after receipt of a written change order or the furnishing of a written notice, by submitting to the contracting officer a written statement describing the general nature and amount of proposal, unless this period is extended by the government. Additionally, the contractor, for each change or series of related changes, shall maintain separate accounts, by job order or other suitable accounting procedure, of all incurred segregable, direct costs (less allocated credits) of work, both changed and not changed, allocable to the change. The contractor shall maintain these accounts until the parties agree to an equitable adjustment or the matter is conclusively disposed of under the Disputes clause. Lastly, under these new requirements, if a negotiated research and development or supply contract for the acquisition of major weapon systems or principal subsystems is expected to be $1,000,000 or more, the contractor shall notify the Administrative Contracting Officer in writing if the contractor identifies any government conduct (including actions, inactions, and written or oral communications) that the contractor regards as a change to the contract terms and conditions. Read the published version here.

DOE Has No Assurance That It Took Best Procurement Approach
The Economy Act of 1933 provides authority for federal agencies to acquire goods and services through interagency agreements, if those goods or services cannot be provided as conveniently or at a lower price by commercial enterprises. DOE can enter into two types of agreements: interagency acquisitions and interagency transactions. In both cases, the servicing agency may charge a fee for assistance, such as a percentage of the contract value or an itemized charge for services. In some cases, DOE enters into agreements on behalf of the management and operating contractors that manage its sites. Between fiscal years 2012 and 2017, DOE paid approximately $9.7 billion to other agencies, and the Office of Inspector General initiated an audit to determine whether DOE’s use of interagency agreements complied with applicable regulations and DOE policies. DOE’s Office of Inspector General has released a report titled “Audit Report: DOE-OIG-19-46.” This report determined that DOE has not fully complied with applicable regulations, since—without adequate acquisition planning—DOE may not have acquired goods and services as conveniently or economically as possible by using interagency agreements instead of using a commercial enterprise. Read the full report here.

FAC Final Rules Summary Released
DOD, GSA, and NASA issued a summary presentation of FAR rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in the Federal Acquisition Circular (FAC) 2019-06.

  • Item I adopts an interim rule published on June 15, 2018, that prohibits the use of hardware, software, and services developed or provided, in whole or in part, by Kaspersky Lab, a Russian cybersecurity company. The rule also requires contractors to report any such hardware, software, or services discovered during contract performance.
  • Item II removes an obsolete requirement for 8(a) contractors to obtain written approval from the Small Business Administration (SBA) and the contracting officer before subcontracting the performance of any contract requirements.
  • Item III is a final rule that establishes the Contract Performance Assessment Reporting System as the official system for past contract performance information, and replaces the Past Performance Information Retrieval System.
  • Item IV is a final rule that adds Australia as a new World Trade Organization Government Procurement Agreement country.

Read the published version here.

PPIRS References Removed from DFARS
DARS issued a final rule amending the DFARS to update references to the Past Performance Information Retrieval System (PPIRS) for past performance information and replace with Contractor Performance Assessment Reporting System (CPARS) to implement changes following the official retirement of PPIRS and subsequent merger with the CPARS effective January 15, 2019. This rule also amends the DFARS to replace references to “Past Performance Information Retrieval System-Statistical Reporting” with “Supplier Performance Risk System” and update the associated web addresses. Read the published version here.

Related Government Contracts Law Presentations by PilieroMazza

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Subcontract Pricing, September 24, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: GovCon Tips for M&A in 2020! October 30, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

SBA Accepting Nominations for National Small Business Week Awards
SBA is now accepting nominations for its 2020 National Small Business Week Awards, including the annual Small Business Person of the Year. For more than 50 years, National Small Business Week has celebrated the inspiring achievements of America’s small businesses and the countless contributions they make to their local communities, and to our nation’s economy. SBA Awards given in celebration of National Small Business Week from May 3–9, 2020. Visit SBA’s website to nominate a deserving small business owner, and learn more here.

SBA Submits Proposed Reporting and Recordkeeping Requirements to OMB
SBA issued a notice submitting proposed reporting and recordkeeping requirements to the OMB for review and approval. The Emerging Leaders Initiative aims to assist established small businesses located in historically challenged communities with increasing their sustainability, attracting outside investment, and strengthening each community’s economic base by creating jobs and providing valuable goods and services. SBA conducts annual performance-monitoring activities to assess the short- and intermediate-term outcomes of participants in the Emerging Leaders Initiative. SBA uses three survey instruments to collect the assessment information from the participants in each training cohort. Read the published version here.

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Weekly Update for Government Contractors and Commercial Businesses - September 10, 2019

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GOVERNMENT CONTRACTS LAW

Late Is Late—Even on the GSA Schedule, September 9, 2019, Katie Flood
In a recent blog, we discussed the “late is late” rule in government contracting which has been the cause of many protests and much consternation among government contractors. However, the Government Accountability Office (GAO) and the Court of Federal Claims (COFC) have consistently held that it is proper for an agency to reject a late offer, even if the offer is only slightly late. Recently, COFC applied this rule to a General Services Administration (GSA) Schedule purchase—specifically in Criterion Systems, Inc. v. United States, in which the court held that an offer that was a mere 90 seconds late, was too late to be considered for award. No matter the type of procurement or the agency involved, government contractors should be careful to submit all their materials ahead of the deadline. [Read More]

5 Things Government Contractors Should Know About Enhanced Debriefings, September 5, 2019, Michelle Litteken
With the end of the fiscal year approaching and the frequency of contract awards increasing, many government contractors will be focusing on post-award debriefings. The Department of Defense (DOD) implemented enhanced post-award debriefings last year, and contractors often have questions about the process. Here are five things contractors should know about enhanced debriefings, which can be beneficial to a government contractor before becoming involved in a bid protest. [Read More]

Department of Defense – DOD, GSA, and the National Aeronautics and Space Administration (NASA) submitted a notice to the Office of Management and Budget (OMB) requesting to review and approve a revision and renewal of a previously approved information collection requirement concerning limitation of costs/funds. In accordance with Federal Acquisition Regulation (FAR) 52.232-20 and 52.32-22, firms performing under fully funded or incrementally funded cost-reimbursement federal contracts are required to notify the contracting officer in writing whenever they have reason to believe that either the costs the contractors expect to incur under the contracts in the next 60 days will exceed 75 percent of the estimated cost of the contracts or that the total cost for the performance of the contracts will be greater or substantially less than estimated. As part of the notification, the contractors must provide a revised estimate of total cost. The frequency of this collection of information is variable, contingent upon both funding and spending patterns. Read the published version here.

Government Accountability Office – GAO released a report titled “Defense Management: Observations on the Department of Defense’s (DOD) Business Reform Efforts and Plan.” Section 921 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 required the Secretary of Defense, acting though the Chief Management Officer, to submit to the congressional defense committees a plan, schedule, and cost estimate for reforms of the DOD’s enterprise business operations to increase effectiveness and efficiency of mission execution. This report assesses the feasibility of the plan submitted, and found that it contained the required schedule and cost estimates to reform certain business operations, such as logistics, human resources, and contracting. However, many of its initiatives are preliminary, making it hard to assess the feasibility of future reforms. Additionally, the GAO could not validate DOD’s claims of cost savings related to business reforms it has already made. Read the full report here.

Government Accountability Office – GAO released a report titled “Challenges and Policy Considerations Regarding Offshoring and Foreign Investment Risks.” This report describes (1) the factors that affect analysis of foreign direct investment and offshoring related to DOD’s supplier base, and (2) the benefits and risks to the U.S. defense supplier base associated with foreign direct investment and offshoring and policy considerations to address those risks. Panelists convened for the report noted that offshoring can lower costs and provide better access to foreign workers and markets. When companies that offshore contract with DOD, they can pass those benefits along. Foreign investment can help U.S. companies grow.

The panelists also outlined some of the risks of relying on a globalized supply chain. Specifically:

  • Intellectual property—Foreign investors in U.S. companies can get access to the sensitive technologies those companies develop. When those investors are from the nation's strategic competitors (such as China or Russia), technology transfer is a concern.
  • Domestic production—If the United States sends too much production abroad, the skills of the nation's own workforce can erode.
  • Source materials—DOD relies on foreign suppliers for parts and materials such as rare earth metals that are crucial to many weapon systems. Geopolitical conflicts can compromise access to foreign supplies to meet current and future needs.

Panelists highlighted ways to reduce these risks, such as by sharing information with U.S. companies on specific risks related to foreign suppliers. Read the full report here.

Government Accountability Office – GAO released a report titled “Steps Needed to Identify Acquisition Training Needs for Non-Acquisition Personnel.” This report addresses the extent to which DOD can identify (1) non-acquisition personnel supporting acquisitions, and (2) their need for acquisition training. The report found that DOD has identified some of the non-acquisition personnel performing certain acquisition-related duties, but has not made as much progress identifying those involved in services acquisitions. DOD also has not comprehensively considered the acquisition-related training needs for non-acquisition personnel. Read the full report here.

Related Government Contracts Law Presentations by PilieroMazza

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Subcontract Pricing, September 24, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

FALSE CLAIMS ACT

Department of Justice – The Long Island aerospace and defense contractor Arkwin Industries, Inc. agreed to pay a $2.6 million settlement to the United States after self-disclosing overbilling of the government and its prime contractors. Arkwin detected an error in its accounting systems that had double-counted worker hours spent performing inspections of its products. Arkwin then self-disclosed the discovery to the United States and undertook an internal investigation by outside counsel and a forensic accounting team. After concluding its investigation, Arkwin reported its findings. Read more here.

Related False Claims Act Presentations by PilieroMazza

PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which includes commentary on potential pitfalls for your company, enforcement issues, and emerging trends. Check out our latest episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which went live on August 19th. [Read More]

BUSINESS & CORPORATE LAW

Related Business & Corporate Law Presentations by PilieroMazza

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business, October 15, 2019, Speaker: Kathryn Hickey. [Read More]

LABOR & EMPLOYMENT LAW

Department of Labor – The Employee Benefits Security Administration issued a notice announcing the 198th meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans. The meeting will be held as a teleconference on September 25, 2019, and take place at the Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210 in C5515 Room 2. The meeting will run from 10:00 a.m. to approximately 4:00 p.m. The purpose of the meeting is to discuss reports/recommendations for the Secretary of Labor on the issues of: (1) Beyond Plan Audit Compliance: Improving the Financial Statement Audit Process and (2) Permissive Transfers of Uncashed Checks from ERISA Plans to State Unclaimed Property Funds. Read the published version here.

Department of Labor – The Office of Federal Contract Compliance Programs (OFCCP) announced guidance clarifying affirmative action program development for academic institutions and other contractors with campus-like settings, and advancing the White House Initiative on Historically Black Colleges and Universities (HBCUs). OFCCP also issued a complementary policy directive limiting compliance reviews of academic institutions to non-student employees. "The Department of Labor is committed to fulfilling the White House's promise to HBCUs, and providing quality guidance and assistance that aids contractors in meeting their legal requirements," said Acting Secretary of Labor Patrick Pizzella. "At the same time, the new compliance review directive recognizes that student workers have a unique relationship with academic institutions. Read more here.

National Labor Relations Board – Law360 reported that DuPont did not violate the National Labor Relations Act by making changes to retirees' medical benefits without negotiating with their unions, a divided National Labor Relations Board (NLRB) panel said in a decision overturning an agency judge's ruling. NLRB Chairman John Ring and member Marvin Kaplan said that language in plan documents giving the company the unilateral right to change benefits is effective even though its collective bargaining agreements with the International Brotherhood of Dupont Workers locals no longer reference the plan. "The decision takes from these unions the right to require their employer to bargain over the employer's elimination of retirement benefits — benefits that the employees represented by these unions have received for many years," said Kenneth Henley, who represents the unions.

Related Labor & Employment Law Presentations by PilieroMazza

PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which includes commentary on potential pitfalls for your company, enforcement issues, and emerging trends. Check out our latest episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which went live on August 19th. [Read More]

EVENT: Clearing a DOL Audit, September 25, 2019, Speakers: Nichole Atallah and Sarah Nash. [Read More]

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

Late Is Late—Even on the GSA Schedule, September 9, 2019, Katie Flood
In a recent blog, we discussed the “late is late” rule in government contracting which has been the cause of many protests and much consternation among government contractors. However, GAO and COFC have consistently held that it is proper for an agency to reject a late offer, even if the offer is only slightly late. Recently, COFC applied this rule to a GSA Schedule purchase—specifically in Criterion Systems, Inc. v. United States, in which the court held that an offer that was a mere 90 seconds late, was too late to be considered for award. No matter the type of procurement or the agency involved, government contractors should be careful to submit all their materials ahead of the deadline. [Read More]

Department of Defense – DOD, GSA, and NASA issued a notice inviting the public to comment upon a request to review and approve a revision and renewal of a previously approved information collection requirement concerning quality assurance requirements. Supplies and services acquired under government contracts must conform to the contract’s quality and quantity requirements. FAR part 46 prescribes inspection, acceptance, warranty, and other measures associated with quality requirements. Standard inspection clauses require the contractor to provide and maintain an inspection system that is acceptable to the government; give the government the right to make inspections and test while work is in progress; and require the contractor to keep complete, and make available to the government, records of its inspection work. Read the published version here.

Department of Veterans Affairs – The VA issued a notice amending and updating its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any policy superseded by changes in the FAR, to remove procedural guidance internal to VA into the VA Acquisition Manual (VAAM), and to incorporate any new agency specific regulations or policies. VA is amending regulations for VAAR Case RIN 2900-AQ20—VA Acquisition Regulation: Contracting by Negotiation; Service Contracting. This amendment revises the table at 201.106 to reflect the addition of the new VAAR clause 852.237-73, Crime Control Act—Requirement for Background Checks and the corresponding new OMB control number 2900-0863. It also removes 815.303, Responsibilities, and 815.304, Evaluation factors and significant subfactors, and moves them to the VAAM as they contain procedural guidance that is internal to the VA. Read the published version here.

Related Small Business Programs & Advisory Services Presentations by PilieroMazza

EVENT: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 8, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

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Weekly Update for Government Contractors and Commercial Businesses - September 4, 2019

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SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

Small Business Administration – SBA issued a rule extending the 504 Loan Program Rural Initiative Pilot Program (504 Rural Pilot) through September 30, 2021. The 504 Rural Pilot authorizes Certified Development Companies to make 504 loans for projects in rural counties located in their SBA Region. Read more here.

Congressional Research Service – CRS has released a report examining the SBA’s veteran business development programs, the SBA’s efforts to assist veterans’ access to capital, and the SBA’s veteran contracting programs. Entitled “SBA Veterans Assistance Programs: An Analysis of Contemporary Issues,” the CRS report also describes employment assistance programs offered by several other federal agencies to assist veterans in their transition from the military to the civilian labor force. Read the full report here.

Small Business Administration – SBA granted 24 awards up to $125,000 per recipient in Fiscal Year (FY) 2019 under its Federal and State Technology (FAST) Partnership Program. FAST’s objective is to improve outcomes for underrepresented entrepreneurs in SBA’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs and increase participation for women-owned, rural-based, and socially and economically disadvantaged firms. FAST provides specialized training, outreach, mentoring, and technical assistance for research and development focused small businesses. The program provides one-year funding to organizations to execute state/regional programs that support potential SBIR applicants and awardees. Read more here.

Congressional Research Service – CRS released a report titled “Small Business Administration: A Primer on Programs and Funding.” The report provides an overview of SBA’s programs, including entrepreneurial development programs, disaster assistance, capital access programs, contracting programs, regional and district offices, the Office of the Inspector General, the Office of Advocacy, and capital investment programs. Read the full report here.

Related Small Business Programs & Advisory Services Presentations by PilieroMazza

EVENT: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 6, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

FALSE CLAIMS ACT

Building Compliance: Construction Industry Concerns Under FCA, August 28, 2019, Sarah Nash
The Department of Justice has settled and obtained judgments in excess of $2.8 billion for false claims against the government last year. Over $2.1 billion of these cases arose from lawsuits filed under the qui tam provisions of the False Claims Act (FCA) which incentivizes whistleblowers to file claims. Government contractors in the construction industry – both primes and subcontractors – face a higher risk of FCA liability because of the complicated nature of construction contracts and prevailing wage obligations. Below we discuss the top FCA issues facing construction contractors and protection strategies for avoiding them. [Read More]

Cybersecurity Meets the FCA: What the Chinese Telecom Ban Means for Government Contractors, August 27, 2019, Peter Ford
Government contractors are required to comply with a new set of prohibitions on telecommunications equipment acquired from certain Chinese companies, and they may face False Claims Act liability since the prohibitions require certification that they have not used prohibited products. These prohibitions come from the John S. McCain National Defense Authorization Act for FY 2019, which contains a number of provisions intended to keep U.S. government funds from moving to Chinese government-owned corporations. Section 889 in particular lists companies the Chinese government owns that are now prohibited sources of supply for telecommunications equipment. Effective August 13, 2019, these prohibitions are incorporated into the FAR in Subpart 4.21. [Read More]

Related False Claims Act Presentations by PilieroMazza

PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which will include commentary on potential pitfalls for your company, enforcement issues, and emerging trends. Check out our next episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which went live the week of August 19th. [Read More]

LABOR & EMPLOYMENT LAW

Department of Labor – DOL issued a final rule that makes two procedural changes to its Workforce Innovation and Opportunity Act (WIOA) Job Corps regulations to enable the Secretary of Labor to delegate procurement authority as it relates to the development and issuance of requests for proposals for the operation of Job Corps centers, outreach and admissions, career transitional services, and other operational support services. DOL is amending two provisions of 20 CFR part 686, which implements subtitle C of title I of WIOA. Through these amendments, DOL is aligning these regulatory provisions with the language in WIOA by broadening the authority to issue contract solicitations from the Employment and Training Administration to the Secretary of Labor. Read the published version here.

Department of Labor – DOL issued a final rule that amends three definitions in the DOL Acquisition Regulation (DOLAR) in order to provide the Secretary of Labor greater flexibility and a streamlined procedure to delegate procurement authority and appoint procurement officials. Currently, the definitions section of DOLAR delegates the Secretary’s procurement authority to certain specified DOL officials. The changes would remove some of those specific designations, allowing the Secretary to delegate the Secretary’s procurement authority and assign roles and responsibilities related to procurement through internal guidance, without the need to revise the DOLAR. Read the published version here.

Related Labor & Employment Law Presentations by PilieroMazza

PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which will include commentary on potential pitfalls for your company, enforcement issues, and emerging trends. Check out our next episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which went live the week of August 19th. [Read More]

EVENT: Clearing a DOL Audit, September 25, 2019, Speakers: Nichole Atallah and Sarah Nash. [Read More]

CYBERSECURITY & DATA PRIVACY

Centers for Medicare and Medicaid Services – CMS contracted with Guidehouse, LLP (Guidehouse) to evaluate the information security programs of Medicare administrative contractors (MACs), using a set of agreed-upon procedures. Guidehouse’s evaluations of the contractor information security programs were adequate in scope and sufficiency. Guidehouse reported a total of 112 gaps at the 7 MACs for FY 2018, which was 26 percent more than the number of gaps for the same 7 contractors in FY 2017. The increase was due in part to the addition of database and web server testing. Read the full report here.

BUSINESS & CORPORATE LAW

Related Business & Corporate Law Presentations by PilieroMazza

EVENT: Legal and Practical Perspectives on Mergers & Acquisitions, September 5, 2019, Speakers: Jon Williams and Kathryn Hickey. [Read More]

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business, October 15, 2019, Speaker: Kathryn Hickey. [Read More]

GOVERNMENT CONTRACTS LAW

Department of Defense – DoD’s Office of Inspector General (OIG) issued an audit report to determine whether the Defense Health Agency (DHA) paid higher prices than necessary for TRICARE health care services and equipment where it did not establish or use existing TRICARE maximum allowable reimbursement rates. A TRICARE maximum allowable reimbursement rate is the payment ceiling for reimbursement to providers. OIG determined that DHA regularly paid more than other pricing benchmarks for services and equipment where it did not establish or use existing TRICARE maximum allowable reimbursement rates. Specifically, DHA paid more than other pricing benchmarks for vaccines, contraceptive systems, compression devices, oral appliances, costs associated with the installation of medical equipment, and stem cell acquisition provided to TRICARE beneficiaries in the three TRICARE regions in 2017. Read the full report here.

General Services Administration – GSA issued a formal 30-day advance notice of its intention to modernize federal acquisition by consolidating the agency’s current 24 Multiple Award Schedules (MAS) into one single Schedule for products and services. GSA first announced plans to consolidate the MAS program in November 2018 and is on track to meet the agency’s planned deadline of creating and releasing a new solicitation with one easy-to-understand set of terms and conditions by the end of FY 2019. Read more here.

Department of Commerce – Bloomberg Government reports that DoC’s Acquisition and Grants Office posted a request for proposals for staff support services that will be worth a potential $151 million. The acquisition will be a set-aside for Service-Disabled Veteran-Owned Small Businesses and Historically Underutilized Business Zones. DoC says it plans on using multiple indefinite-delivery/indefinite-quantity contracts that will cover five years with no option years. The solicitation has been updated several times, and the response deadline is set for September 12, 2019.

Department of Defense – DoD issued a notice proposing to extend the collection of information for DFARS 252.225-7039, Defense Contractors Performing Private Security Functions Outside the United States. The clause in this DFARS regulation requires contractors and subcontractors performing private security functions in designated operational areas outside the United States to comply with 32 CFR 159 and any orders, directives, and instructions contained in the contract. Geographic combatant commanders use the information reported by private security contractors on security incidents in order to properly account for and track contractor personnel and assets in theater and to respond to security incidents as deemed necessary. Comments are due by September 30, 2019. Read the published version here.

Related Government Contracts Law Presentations by PilieroMazza

EVENT: Forming CTAs on GSA Schedules, September 5, 2019, Speaker: Katie Flood. [Read More]

EVENT: Legal and Practical Perspectives on Mergers & Acquisitions, September 5, 2019, Speakers: Jon Williams and Kathryn Hickey. [Read More]

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Subcontract Pricing, September 24, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 6, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

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Weekly Update for Government Contractors and Commercial Businesses - August 26, 2019

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SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

GAO Defers to SBA on When Runway Extension Act Applies, August 20, 2019, Emily Rouleau

Last year, Congress passed—and President Trump signed—the Small Business Runway Extension Act (the "Runway Extension Act" or the "Act"), which changed the time period for determining a company's size based on average annual receipts from the previous three years to the previous five years. This summer, the Small Business Administration ("SBA") published its proposed rule to amend its regulations and change the period of measurement for receipts-based size calculations from three years to five years. The SBA was slow to implement the change imposed by the Runway Extension Act because it believes the law amended a section of the Small Business Act that does not apply to SBA. Now, the Government Accountability Office ("GAO") has deferred to SBA's interpretation, days before comments to SBA's proposed rule was due. While GAO's decision may signal that offerors may need to continue to calculate their average annual receipts based on the previous three year, this is an open and developing issue, especially until SBA finalizes a rule implementing the Runway Extension Act. [Read More]

 

Related Small Business Programs & Advisory Services Presentations by PilieroMazza

 

EVENT: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

 

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 6, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

FALSE CLAIMS ACT

Department of Justice -- The DOJ announced that Luke Hillier, a majority owner and former Chief Executive Officer of Virginia-based defense contractor ADS, Inc., agreed to pay the United States $20 million to settle allegations that he violated the False Claims Act by fraudulently obtaining federal set-aside contracts reserved for small businesses that his company was ineligible to receive.The government alleged that Hillier caused ADS to falsely represent that it qualified as a small business concern when it failed to do so, including due to its alleged affiliations with a number of other entities. The government further alleged that, as a result of Hillier’s representations, his company was awarded numerous small business set-aside contracts for which it was ineligible. Read more here.

The DOJ also announced that Sunrise Systems of Brevard, Inc. (Sunrise) has agreed to pay the United States $500,000 to resolve allegations that it violated the False Claims Act by submitting claims for government funds in violation of SBA regulations. According to the DOJ’s announcement, from December 10, 2013, through February 9, 2016, Sunrise partnered with a minority-owned small business, V&R Enterprises of Jacksonville, Inc., but violated the SBA’s labor and work performance requirements in order to access SBA set-aside funds. The government alleged that Sunrise performed nearly all of the work on the joint venture project and received nearly all of the profits, in violation of the law.

Related False Claims Act Presentations by PilieroMazza

 

PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which will include commentary on potential pitfalls for your company, enforcement issues, and emerging trends. Check out our next episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which went live the week of August 19th. [Read More]

 

LABOR & EMPLOYMENT LAW

 

The Big Miss: When Job Misclassification Strikes Hard, August 23, 2019, Nichole Atallah

Everywhere you look companies are being hit hard with claims of misclassification of workers under labor regulations. So far in August 2019, Department of Labor (DOL) has announced over $2 Million in damages paid to employees, and this doesn't even include voluntary settlements handled outside of DOL. In fact, General Dynamics was recently hit with a $170,000 settlement regarding claims that the company misclassified call center workers under the Service Contract Act (SCA). To avoid such penalties and to remain legally compliant, employers—including government contractors—should seek experienced legal counsel to help them properly classify a position, as well as create a system for future classifications. [Read More]

Department of Labor – The DOL’s Office of Federal Contract Compliance Programs (OFCCP) entered into a conciliation agreement with Conduent Commercial Services LLC—formerly CSG Xerox World—by which the federal contractor agreed to pay $175,000 in back wages to resolve claims of systematic hiring discrimination at its Portland, Oregon facility.Specifically, OFCCP alleged that in 2012, Conduent discriminated against 1,121 female, African American and Asian applicants in the customer care assistant position. OFCCP determined that the company’s hiring practices violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identification, or national origin. Read more here.

The DOL also announced that Xperts Inc.—a San Juan, Puerto Rico disaster-response contractor—paid $1,341,829 in back wages to 1,853 employees to resolve violations of the McNamara-O’Hara Service Contract Act (SCA), the Contract Work Hours and Safety Standards Act, and the Fair Labor Standards Act.  Investigators determined that the contractor violated the SCA when it failed to pay employees the full amount of the prevailing wages, fringe benefits, and holidays required by law under its federal contract.

 

Related Labor & Employment Law Presentations by PilieroMazza

 

PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which will include commentary on potential pitfalls for your company, enforcement issues, and emerging trends. Check out our next episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which went live the week of August 19th. [Read More]

 

EVENT: Clearing a DOL Audit,September 25, 2019, Speakers: Nichole Atallah andSarah Nash. [Read More]

CYBERSECURITY & DATA PRIVACY

 

Prepare Now to Secure "Controlled Unclassified Information", August 21, 2019, Emily Rouleau

Nowadays, many people are familiar with at least some types of protected information, whether in the form of personal health information or government-classified information. But, contractors working with the Department of Defense must remember to protect another type of information: controlled unclassified information. Failure by government contractors to put processes in place that protect CUI could result in the loss of contracting opportunities or potential False Claims Act-related litigation. [Read More]

Department of Justice – The DOJ announced that ManTech Advances Systems International, Inc. (ManTech), a federal government contractor, agreed to pay $750,000 to settle civil fraud allegations that it falsely represented that its principal manager of a contract for security services at the U.S. Environmental Protection Agency (EPA) had a Top Secret clearance. According to the DOJ’s announcement, ManTech was awarded a subcontract on an EPA contract that required that certain tasks be performed only be individuals with a Top Secret clearance. ManTech represented that the principal project manager for the contract, and one of the individuals who would be performing those tasks, had the required Top Secret clearance. The government alleged that when the project manager’s clearance was revoked, ManTech failed to inform EPA of the loss of the manager’s clearance. Read more here.

BUSINESS & CORPORATE LAW

 

Related Business & Corporate Law Presentations by PilieroMazza

 

EVENT: Legal and Practical Perspectives on Mergers & Acquisitions,September 5, 2019, Speakers: Jon Williams and Kathryn Hickey. [Read More]

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

 

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business,October 15, 2019, Speaker: Kathryn Hickey. [Read More]

GOVERNMENT CONTRACTS LAW

 

Department of Defense, General Services Administration, and National Aeronautics and Space Administration – The DoD, GSA, and NASA issued a proposed rule proposing to amend the Federal Acquisition Regulation to permit the issuance of task or delivery orders via fax or electronic commerce. Comments to the proposed rule are due October 22, 2019. The published version of the proposed rule can be found here

 

Department of Defense -- The DoD issued a class deviation regarding performance-based payments. Effective as of August 20, 2019, when issuing a solicitation that may result in a contract providing for performance-based payments or awarding a fixed-price contract under which the government will provide performance-based payments, contracting officers shall deviate from the policy at Defense Federal Acquisition Regulation Supplement (DFARS) 232.1001(a) and the clause prescriptions at DFARS 232.1005-70 and use DFARS 252.232-7012 or 252.232-7013. The full version can be found here.

 

Related Government Contracts Law Presentations by PilieroMazza

 

EVENT: Forming CTAs on GSA Schedules,September 5, 2019, Speaker: Katie Flood. [Read More]

EVENT: Legal and Practical Perspectives on Mergers & Acquisitions,September 5, 2019, Speakers: Jon Williams and Kathryn Hickey. [Read More]

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

 

WEBINAR: Subcontract Pricing, September 24, 2019, Speaker: Isaias “Cy” Alba. [Read More]

EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 6, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]

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Weekly Update for Government Contractors and Commercial Businesses - August 19, 2019

If you have questions concerning the content below, please visit this link.
 
 
General Services Administration - According to Law360, GSA is seeking up to $20 billion worth of information technology services from disadvantaged small businesses and has asked for feedback before issuing a final solicitation. The Streamlined Technology Acquisition Resource for Services (STARS III) deal would be an indefinite-delivery, indefinite quantity contract open to small businesses eligible for the Small Business Administration’s 8(a) program.   The draft solicitation can be found here.
 
Department of Defense, General Services Administration, and National Aeronautics and Space Administration - DoD, GSA, and NASA issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to support the Small Business Administration’s (SBA) policy of including overseas contracts in agency small business contracting goals. The amendment is consistent with SBA’s regulatory changes, which clarify that small business contracting provisions, e.g., set-asides, may apply to contracts performed overseas. The published version can be found here.
 
DoD, GSA, and NASA also issued a Small Entity Compliance Guide, which was prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. The Guide includes a summary of the rules appearing in Federal Acquisition Circular (FAC) 2019-05, which amends the FAR. The published version can be found here.
 
Small Business Administration - SBA issued a notice that provides a one-year extension of the temporary decrease in the guarantee fees that SBA charges all surety companies and principals on each guaranteed bond (other than a bid bond) issued in SBA’s Surety Bond Guarantee (SBG) Program. The temporary initiative to test lower fees in the SBG Program, which is currently in effect through September 30, 2019, will be extended for an additional year to apply to all SBA surety bond guarantees approved through September 30, 2020. Read more here.
 
Related Small Business Programs & Advisory Services Presentations by PilieroMazza

WEBINAR: SBA Proposed Rule Changes and How They Will Impact Government Contractors, August 20, 2019, Speakers: Megan Connor and Peter Ford.  [Read More]
 
EVENT: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]
 
EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 6, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]
 
 
Why Government Contractors Should Know About the Delaware LLC Division Statute, August 20, 2019, Kathryn Hickey
Relatively often in the government contracting industry a business finds itself in the position where, for one reason or another, it needs to split, fracture, or otherwise reorganize its operations by separating one line of business or division into a separate entity. When prime federal contracts are transferred from one entity to another, it often necessitates a novation agreement with the contracting government agency.  Many government contractors discover the novation process to be relatively lengthy and burdensome, with the potential to delay or hinder the ultimate business objectives, and traditional corporate restructurings can be cumbersome and inefficient.  The Delaware Limited Liability Company Act LLC Division Statute provides a potential streamlined path to entity reorganization.  [Read More]
 
Federal Business Opportunities - According to Nextgov, the FedBizOpps website will shut down before the end of 2019, and the comprehensive database of government contracting opportunities will move to a new location. By the end of next year, 10 acquisition-focused websites managed by the General Services Administration (GSA) will be merged together under the new SAM.gov. Read more here, and check out GSA’s fact sheet on the FedBizOpps transition.
 
Department of Veterans Affairs and Department of Defense - The VA announced that it entered into a strategic partnership with the DoD’s Defense Logistics Agency (DLA) to enhance the VA’s supply chain management modernization efforts. The agreement provides the VA with access to DLA’s worldwide procurement system to acquire medical and surgical items; cleaning supplies; construction materials; and other items needed to support veterans. The agreement also combines resources from VA and DoD to create a centralized ordering system for VA. Read more here.
 
Antonio Franco Discusses JEDI Protest with Federal News Network, August 13, 2019
When Judge Eric Bruggink handed down his decision on Oracle's protest of the Defense Department's JEDI cloud contract on July 12, many legal practitioners were more than mildly surprised. And when the US Court of Federal Claims released the judge's mostly unredacted decision 14 days later, the rationale behind the ruling in favor of the Defense Department strategy and against Oracle's claims of conflicts of interest and arbitrary decisions didn't quite put the case to rest. With the JEDI drama far from over, Federal News Network asked Antonio Franco, a senior partner in PilieroMazza's Government Contracts Group, to weigh in on Judge Bruggink's decision. [Read More]
 
Related Government Contracts Law Presentations by PilieroMazza

WEBINAR: SBA Proposed Rule Changes and How They Will Impact Government Contractors, August 20, 2019, Speakers: Megan Connor and Peter Ford.  [Read More]
 
EVENT:  Forming CTAs on GSA Schedules, September 5, 2019, Speaker: Katie Flood.  [Read More]
 
EVENT:  Legal and Practical Perspectives on Mergers & Acquisitions, September 5, 2019, Speakers: Jon Williams and Kathryn Hickey. [Read More]
 
WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]
 
WEBINAR: Subcontract Pricing, September 24, 2019, Speaker: Isaias “Cy” Alba.  [Read More]
 
EVENT: Growth Through Joint Ventures and Mentor-Protégé Relationships, November 6, 2019, Speakers: Peter Ford and Meghan Leemon. [Read More]
 
 
Department of Justice - The DOJ announced that Ambu, Inc., a defense contractor, will pay $3.3 million to resolve False Claims Act allegations that it manufactured products in China and Malaysia for sale to US government agencies in violation of the Trade Agreements Act (TAA). The TAA requires that products sold to government agencies must come from countries with which the US has a trade agreement. However, Ambu manufactured most of its products in China and Malaysia, which are not TAA compliant, and over 80% of its sales to the Defense Logistics Agency and Department of Veterans’ Affairs came from those two countries. Read more here.
 
Related False Claims Act Presentations by PilieroMazza
 
PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which will include commentary on potential pitfalls for your company, enforcement issues, and emerging trends.  Stay tuned for our next episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which goes live the week of August 19th.  [Read More]
 
 
Office of Personnel Management - OPM issued a proposed rule that would redefine the geographic boundaries of several appropriated fund Federal Wage System wage areas for pay-setting purposes. Based on recent reviews of Metropolitan Statistical Area boundaries in a number of wage areas, OPM proposes redefinitions affecting the following wage areas: Washington, DC; Hagerstown-Martinsburg-Chambersburg, MD; Detroit, MI; Jackson, MS; Meridian, MS; and Cleveland, OH. The published version can be found here, and comments to the proposed rule are due September 13, 2019.
 
Department of Labor - DOL announced that Marcus Stergio was appointed as the DOL’s Office of Federal Contract Compliance Programs (OFCCP) Ombudsman. The OFCCP first announced its plans to implement an Ombudsman in September 2018 in Directive 2018-09. The Ombusman will work with a variety of OFCCP stakeholders nationwide, including federal contractors and subcontractors, contractor representatives, industry groups, law firms, complainants, worker rights organizations, and current and potential employees of federal contractors and subcontractors. Read more here.
 
National Labor Relations Board - The NLRB, in its first decision addressing the lawfulness of employer conduct and mandatory arbitration agreements since the U.S. Supreme Court’s decision in Epic Systems, held that (1) employers are not prohibited under the National Labor Relations Act (NLRA) from informing employees that failing or refusing to sign a mandatory arbitration agreement will result in their discharge; (2) employers are not prohibited under the NLRA from promulgating mandatory arbitration agreements in response to employees opting in to a collective action under the Fair Labor Standards Act or state wage-and-hour laws; and (3) employers are prohibited from taking adverse action against employees for engaging in concerted activity by filing a class or collective action, consistent with the Board’s long-standing precedent.  Read more here. 
 
National Labor Relations Board - The NLRB issued a notice of proposed rulemaking and request for comments regarding proposed amendments to the NLRB’S rules and regulations governing the filing and processing of petitions for a Board-conducted representation election (1) while unfair labor practice charges are pending or (2) following an employer’s voluntary recognition of a union as the majority-supported collective-bargaining representative of the employer’s employees.  The Board also proposes redefining the evidence required to prove that an employer and labor organization in the construction industry have established a voluntary majority-supported collective bargaining relationship. The published version can be found here.  Comments to the proposed rule are due October 11, 2019.
 
Related Labor & Employment Law Presentations by PilieroMazza
 
PODCAST: PilieroMazza’s GovCon Live! presents “Ex Rel. Radio,” our multi-part series on the False Claims Act, which will include commentary on potential pitfalls for your company, enforcement issues, and emerging trends.  Stay tuned for our next episode “Building Compliance: Construction Industry Concerns Under FCA” with Sarah Nash and Jon Williams, which goes live the week of August 19th.  [Read More]
 
EVENT: Clearing a DOL Audit, September 25, 2019, Speakers: Nichole Atallah and Sarah Nash. [Read More


Why Government Contractors Should Know About the Delaware LLC Division Statute
, August 20, 2019, Kathryn Hickey
Relatively often in the government contracting industry a business finds itself in the position where, for one reason or another, it needs to split, fracture, or otherwise reorganize its operations by separating one line of business or division into a separate entity. When prime federal contracts are transferred from one entity to another, it often necessitates a novation agreement with the contracting government agency.  Many government contractors discover the novation process to be relatively lengthy and burdensome, with the potential to delay or hinder the ultimate business objectives, and traditional corporate restructurings can be cumbersome and inefficient.  The Delaware Limited Liability Company Act LLC Division Statute provides a potential streamlined path to entity reorganization.  [Read More]

Related Business & Corporate Law Presentations by PilieroMazza

EVENT:  Legal and Practical Perspectives on Mergers & Acquisitions, September 5, 2019, Speakers: Jon Williams and Kathryn Hickey. [Read More]

WEBINAR: Top 10 Corporate Mistakes that Small Businesses Make in Federal Contracting
, September 19, 2019, Speakers: Isaias “Cy” Alba and Kathryn Hickey. [Read More]

WEBINAR: Incentive Compensation Plans Designed to Retain Talent and Grow the Business
, October 15, 2019, Speaker: Kathryn Hickey.  [Read More]

 
 

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