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Weekly Update for Government Contractors and Commercial Enterprises – August 2022 #2 | Piriellomazza PLLC

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New SBA Rule Strengthens Historical Performance Opportunities for Small BusinessesSam Finnerty, 08.10.22
On August 22, 2022, the Small Business Administration will final rule It provides two new ways small businesses can get historical performance reviews as they compete for federal prime contracts. First, the rule allows a particular small business proponent to rely on the past performance of his venture joints of which it was a member. Second, the rule establishes a process for requesting, obtaining, and relying on past performance that certain small businesses have achieved when they act as primary subcontractors. The rule greatly expands the ability of small businesses to establish meaningful and relevant historical performance records. The main points of the final rule are described below. Please check this out for details.

Law360 publishes Megan Leemon article on extension of SBA bona fide business moratorium
Law360 An article was recently published by Meghan Leemon, an attorney in PilieroMazza’s Government Contracts Group. In an expert analysis article titled “Benefits of the Expanded SBA Business Location Moratorium,” Meghan puts the Small Business Administration (SBA) at a disadvantage as it extends its moratorium on enforcing the bona fide business location requirement. We’re talking about giving smaller businesses more time. He participates in 8(a) construction projects without requiring an SBA-approved establishment. Please check this out for details.

A sweeping budget package passes the Senate.House on Deck Friday
The Senate has passed the Inflation Reduction Act of 2022. This is his $750 billion economic package aimed at funding clean energy programs, increasing taxes on businesses, and reducing healthcare costs. The House is scheduled to vote on the bill on Friday. Please check this out for details. A summary of the relevant sections of the bill is available here.

Senate passes bill to eradicate conflicts of interest in federal contracts
Senate passes legislation aimed at eradicating conflicts of interest in federal contracts by incorporating new disclosure requirements and updating how government agencies determine whether a contractor has a potential conflict of interest Did. The Systematic Conflict of Interest Prevention Act in the Federal Acquisition Act states that federal contractors may disclose business relationships that oppose the services they provide to American citizens, or were hired to perform by federal agencies. Demands that work be blocked. Bill is also expected to pass the House. Please check this out for details.

Senate Committee Approves AGILE Procurement Act for IT and Communications Technologies
With the aim of improving government IT procurement, a bill to drive government innovation in cutting-edge agile procurement legislation in 2022 was proposed by the Senate Committee on Homeland Security and Government Affairs. The AGILE Procurement Act is intended to modernize and improve federal technology acquisition efficiency by removing barriers for high-tech small businesses that want to recruit and retain qualified professionals and work with the government. . Please check this out for details.

Rationalization of DOJ acquisition regulations
The Department of Justice (DOJ) has revised the entire Judicial Procurement Regulation (JAR) to update and streamline agency procurement behavior consistent with the Federal Procurement Reform Act and the Federal Procurement Streamlining Act. The JAR supplements the Federal Acquisition Regulations across the executive branch to address issues specific to the procurement of DOJ goods and services. It primarily covers internal policies and procedures, but also includes some rules governing private companies doing business with the DOJ. This update will take effect on September 2, 2022. Learn more about.

National Cyber ​​Director’s Office Sheds Light on Future Cybersecurity Strategy
Dylan Pressman, director of budgets and assessments for the Office of the Director of National Cyber, said his office is working with the private sector on a draft cybersecurity strategy aimed at aligning U.S. policy choices with the White House’s cybersecurity goals. He said he was in the process of leading interagency cooperation with the department. Aspirations to digitize the nation through a data-driven approach. Please check this out for details.

Upcoming government contract presentation

Webinar: Identifying and Quantifying Government Contract Claims, August 17, Peter Ford. Please check this out for details.

Event: GovCon Mergers and Acquisitions, August 31, Cy Alba. Please check this out for details.

Event: How to Submit a Request for Equitable Adjustment of Contracts or a Claim, August 31, John Williams. Please check this out for details.

Webinar: Protecting Confidential Information: FOIA Waivers for Government Contractors 4, Sept. 15, by Kevin Burnett. Please check this out for details.

labor and employment

DOL and Esri agree to resolve allegations of wage discrimination at their California headquarters.Company pays her $2.3 million to her 176 female workers
The Department of Labor (DOL) has entered into an arbitration agreement with Esri to resolve preliminary federal compliance assessment findings that allege that it paid 176 female employees less than their male employees in 2017. DOL’s Office of Federal Contractual Compliance Programs announced that from January 1 through December 31, 2017, Esri (a digital mapping and analytics company) will employ its 143 female software development engineers and its 33 employees at its California headquarters. Systematically discriminated against female quality assurance engineers. Please check this out for details.

Presentation on the Future of Work and Employment

Webinar: Non-substitution, September 9, Nicole Attala. Please check this out for details.

Litigation and Dispute Resolution

SBA Statement on Signing of Paycheck Protection Program and Bank Fraud Enforcement Harmonization Act and COVID-19 Economic Injury Disaster Loan Fraud Statute of Limitation Act
The Small Business Administration (SBA) has issued statements regarding the signing of two laws: (1) the Paycheck Protection Program (PPP) and Bank Fraud Enforcement Harmonization Act, and (2) the COVID-19 Economic Loss Disaster Loan Fraud Act. restriction law. The first law extends the statute of limitations for borrower fraud in PPPs to 10 years. Applies to his first and second PPP loans. The Second Act extends the statute of limitations for borrower fraud in Economic Injury Disaster Loans (EIDLs) and EIDL pre-programs to 10 years. Please check this out for details.

Monmouth County Company Consents to $7.6 Million Judgment for False Claims Act Violation
Monmouth County, N.J. company fined $7.6 million under consent decree for role in making false statements to obtain government contracts set aside for businesses owned and controlled by disabled veterans VE Source LLC, based in Shrewsbury, New Jersey, as alleged in the government complaint. Company owners Sherman Burton and Christopher Neary. A related entity, Vertical Source LLC, also falsely claims that VE Source is eligible for government contracts reserved for businesses owned and controlled by Disabled Veterans of the Federal Government. deceived Please check this out for details.

Upcoming Litigation and Dispute Resolution Presentations

Webinar: Small Government Contractors and the FCA: Could Crackdowns Increase? Jackie Unger and Matt Feinberg on August 31st. Please check this out for details.