PilieroMazza PLLC

Weekly Replace for Authorities Contractors and Companies – March 2023# 4 | JD Supra


DOL: Biden-Harris Administration Launches Initiative to Promote Equal Alternative, Broaden Workforce for Federally Funded Jobs in Massive Infrastructure Initiatives
The US Division of Labor (DOL) introduced the launch of an initiative to advertise equal alternative for federal contractors within the building sectors on massive federally funded initiatives, serving to to convey extra underrepresented communities into the workforce whereas the president’s agenda to spend money on America continues to create thousands and thousands of high-paying jobs. Established by the division’s Workplace of Federal Contract Compliance Applications, the brand new “Mega schedule of building initiativeswill focus the company’s efforts to convey collectively the private and non-private sectors on a choose group of initiatives often known as “Megaprojects” to supply a various group of expert employees with entry to good building jobs. Megaprojects are massive federal building initiatives value $35 million or extra — a portion of which have to be federal funding — and lasting greater than a yr. to know extra Right here.

Authorities Government: Biden administration opens $250 million fund for businesses to make their buildings extra environment friendly
Federal businesses can now faucet right into a $250 million fund for initiatives to make their buildings extra vitality and water environment friendly after the Biden administration introduced it might open up the cash included as a part of the current infrastructure invoice . The Division of Vitality will oversee the funding, to be supplied underneath the Helping Federal Amenities with Vitality Conservation Applied sciences (AFFECT) program, to which businesses will request entry. Congress approved spending underneath the 2021 Infrastructure Funding and Jobs Act. Learn extra Right here.


Law360 quotes Nichole Atallah on civilian inmate employment standing and minimal wage guidelines3.17.23, Nicholas Atallah
Nicholas AtallahCompanions in Work group and employment TO PilieroMazza, mentioned with Law360 the specifics of a Ninth Circuit case involving the employment standing of civilian immigration detainees and the influence this case may have on federal authorities contractors working on this house. to know extra Right here.

DOL to Open On-line Portal for Federal Contractors and Subcontractors to Certify Affirmative Motion Program Compliance, Customers Should Full Second Cycle Compliance Duties by June 29, 2023
The U.S. Division of Labor (DOL) introduced it can open its on-line instrument for federal contractors and subcontractors to certify their compliance with the annual federal Affirmative Motion Program necessities. On March 31, DOL’s Workplace of Federal Contract Compliance Applications will make the Contractor Portal accessible to be used by coated contractors to certify that they’ve developed and maintained affirmative motion packages for every plant or useful unit. Starting in 2023, coated federal contractors and subcontractors should additionally report the coated interval for his or her affirmative motion packages. to know extra Right here.

Authorities Government: Federal worker’s COVID vaccine mandate stays stalled, following appeals courtroom ruling
A federal appeals courtroom upheld a nationwide injunction on President Biden’s COVID-19 vaccine mandate for federal workers, leaving a ban on the administration from imposing the requirement. to know extra Right here

Upcoming shows on work and employment

EVENT: Re-engaging the workforce as we emerge from the pandemicApril 4, Nicholas Atallah. to know extra Right here.

EVENT: New employment issues in public procurementApril 6, Nicholas Atallah AND Sarah Nash. to know extra Right here.

WEBINAR: Collective Bargaining for the Federal ContractorApril 13, Sarah Nash. to know extra Right here.


Why the content material of a contractor’s three way partnership settlement issues3.15.23, Samuel Finnerty
The Small Enterprise Administration’s (SBA) three way partnership (JV) rules enable massive companies to execute set-aside agreements with their small enterprise protégés and permit small companies to pool their sources and expertise to compete for set-aside work for which they might not self-qualify. Nevertheless, these JVs should strictly adjust to the JV rules of SBA. Amongst different issues, which means each JV will need to have a JV settlement (JVA) that checks a litany of regulatory packing containers. A current case from the SBA’s Workplace of Hearings and Appeals (OHA) underlines how rigorously these agreements have to be drafted and the expensive dangers for small authorities contractors, together with the lack to obtain a premium. to know extra Right here.

The Commerce Division provides 6 China-based entities to the listing of export administration rules3.15.23, Cy Alba, Ustina Ibrahim, Daniel Figuenick, III
On February 14, 2023, the U.S. Division of Commerce Bureau of Trade Safety (BIS) amended the Export Administration Laws (EAR) (15 CFR §§ 730 et seq.) listing (Entity listing) including six China-based entities. The Biden administration decided that these six entities have been conducting enterprise opposite to U.S. nationwide safety and/or international coverage pursuits. Authorities contractors ought to train warning when doing enterprise with the next entities. to know extra Right here.

Complement to the Federal Protection Procurement Laws (DFARS): Contract Administration Workplace Features Associated to Direct Prices (DFARS Case 2022-D021)
The Division of Protection (DOD) is issuing a ultimate rule to amend DFARS by including to part 242.302(b) a further contract administration perform that may be delegated from a contracting workplace to a contract administration workplace. DFARS 242.302(b) specifies the capabilities carried out by the contract administration workplace “solely when and to the extent particularly approved” by the contracting contracting workplace, as set forth in Federal Acquisition Regulation (FAR) 42.302. Any administrative perform not laid out in FAR 42.302 or DFARS 242.302, and never in any other case delegated, stays the accountability of the contracting workplace. This ultimate rule will go into impact on March 22, 2023. Learn extra Right here.

Federal Protection Acquisition Regulation (DFARS) Complement Floor and Flight Threat (DFARS Case 2020-D027)
The Division of Protection (DOD) is issuing a ultimate rule amending the DFARS to revise necessities associated to plane threat assumption underneath DOD contracts. Revisions are wanted as a result of quite a few modifications in plane contract conditions and the emergence of small unmanned plane contracts. This ultimate rule will go into impact on March 22, 2023. Learn extra Right here.

Federal Protection Acquisition Regulation (DFARS) Complement: Non-Industrial Laptop Software program (DFARS Case 2018-D018)
The Division of Protection (DOD) is issuing a ultimate rule amending DFARS to implement Part 871 of the Nationwide Protection Authorization Act (NDAA) for FY 2018 (Pub. L. 115-91). Part 871 established new path in 10 USC 4576 (previously 10 USC 2322a), a requirement to think about sure issues when buying noncommercial pc software program. The statute requires that the DOD, as a part of any negotiation for such software program, take into account all noncommercial pc software program and associated supplies essential to satisfy the company’s wants all through the lifecycle of the software program. This rule supplies steering to the Division of Protection each to enhance acquisition planning and to establish and negotiate software program merchandise and licensing rights at a good and affordable worth previous to contract award. This ultimate rule will go into impact on March 22, 2023. Learn extra Right here.

Federal Protection Procurement Regulation (DFARS) Complement: Utilizing Provider Efficiency Threat System (SPRS) Assessments (DFARS Case 2019-D009)
The Division of Protection (DOD) is issuing a ultimate rule amending the DFARS to replace the coverage and procedures for utilizing the Provider Efficiency Threat System and to require contracting officers to think about SPRS threat assessments, if accessible, in evaluating a provider’s bid or supply and take into account the danger assessments of SPRS suppliers in figuring out contractor legal responsibility. This ultimate rule will go into impact on March 22, 2023. Learn extra Right here.

US Normal Companies Administration: GSA and DOD signal memorandum of understanding to convey extra environmental innovators to the federal market
The US Normal Companies Administration (GSA) has signed a memorandum of understanding (MOU) with the Division of Protection (DOD) to assist speed up the introduction of environmental improvements into the federal market. Beneath the settlement, GSA will use data from DOD’s Sustainable Know-how Analysis and Demonstration (STED) program on product efficiency and pricing to streamline the procurement course of and make sustainable know-how options extra available to federal businesses. to know extra Right here.

Upcoming authorities procurement submissions

WEBINAR: Overcoming the Inflation Disaster: Inflation Aid Particulars for DOD ContractorsApril 4, Kevin Barnet AND Lauren Brier. to know extra Right here.

EVENT: Navigating the FAR/DFARS: essentially the most complicated and little recognized clausesApril eleventh, Lauren Brier. to know extra Right here.

EVENT: Strategic Insights: Views on Mentor Protégé AgreementsApril 18, Megan Leemon. to know extra Right here.

WEBINAR: Joint Enterprise – A Roadmap for Small Enterprise Authorities Contractors25 April, Megan Leemon. to know extra Right here.

Author: ZeroToHero

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