Weekly Update for Government Contractors and Commercial Enterprises – August 2022 #2 | PilieroMazza LLC


New SBA rule improves past performance opportunities for small businesses, Sam Finnerty08.10.22
On August 22, 2022, the Small Business Administration will implement one last rule which provides two new methods by which small businesses can earn past performance credit when competing for federal prime contracts. First, the rule allows certain small business bidders to rely on the past performance of joint ventures of which they were members. Second, the rule establishes a process by which certain small businesses can request, obtain, and rely on past performance achieved while performing as a first-tier contractor. This rule greatly expands the ability of small businesses to maintain a record of meaningful and relevant past performance. The main takeaways from the final rule are discussed below. Read more here.

Law360 publishes Meghan Leemon’s article on the extension of the moratorium on SBA good faith places of business
Law360 just published an article Meghan Lemonlawyer at Government Contracts Group at PilieroMazza. In the expert analysis article, titled ‘Benefits Of The Extended SBA Place Of Business Moratorium’, Meghan discusses the Small Business Administration’s (SBA) extension of her moratorium on Enforcing the Good Faith Place of Business Requirement, giving disadvantaged small businesses more time to participate in 8(a) construction projects without needing an SBA-approved place of business. Read more here.

Vast Budget Package Passes Senate; House on the Bridge Friday
The Senate passed the Cutting Inflation Act of 2022, a $750 billion economic package aimed at funding clean energy programs, raising corporate taxes and lowering health care costs. The House is expected to vote on the bill on Friday. Read more here. A summary of the relevant sections of the bill is available here.

Senate passes bill to eliminate conflict of interest in federal contracts
The Senate passed a bill that aims to eliminate conflicts of interest in federal contracts by including new disclosure requirements and updating how agencies determine if contractors have potential conflicts of interest. The Prevention of Organizational Conflicts of Interest in Federal Procurement Act would require federal contractors to disclose business relationships that conflict with services they provide to the American public or otherwise interfere with the work for which they perform. were hired by federal agencies. The bill is also expected to pass the House. Read more here.

Senate Committee Approves AGILE Information and Communications Technology Procurement Act
The Advancing Government Innovation with Leading-Edge—AGILE—Procurement Act of 2022 was proposed by the Senate Homeland Security and Government Affairs Committee, with the goal of improving government IT procurement. The AGILE Procurement Act aims to modernize and improve the efficiency of federal government technology acquisition by recruiting and retaining qualified professionals and removing barriers for small high-tech companies wishing to work with the government. Read more here.

Streamlined DOJ Acquisitions Regulations
The Department of Justice (DOJ) has revised the entire Acquisition of Justice Regulations (JAR) to update and streamline agency procurement actions in accordance with the Federal Acquisition Reform Act and the Federal Acquisition Streamlining Act. The JAR supplements the Executive-wide Federal Acquisition Regulations to address issues specific to the DOJ’s procurement of goods and services. It primarily covers internal policies and procedures, but also includes some rules governing private entities doing business with the DOJ. The update is effective September 2, 2022. Learn more here.

Office of the National Cybersecurity Director Sheds Light on Next Cybersecurity Strategy
Dylan Presman, director of budget and evaluation in the office of the national director of cybersecurity, said his office is leading interagency collaboration with the private sector on a draft cybersecurity strategy aimed at aligning policy choices. Americans on the White House’s cybersecurity objectives. and national digital aspirations through a data-driven approach. Read more here.

Upcoming Presentations on Government Contracts

WEBINAR: Identifying and Quantifying Government Contract ClaimsAugust 17, Peter Ford. Read more here.

EVENT: Mergers and Acquisitions GovConAugust 31, Cy Alba. Read more here.

EVENT: How to file a claim for equitable adjustment or a claim on your contractAugust 31, Jon Williams. Read more here.

WEBINAR: Protecting Your Confidential Information: FOIA Exemption 4 for Government ContractorsSeptember 15, Kevin Barnett. Read more here.


DOL and Esri Agree to Resolve Pay Discrimination Allegations at California Headquarters; The company will pay $2.3 million to 176 workers
The Department of Labor (DOL) has reached a conciliation agreement with Esri to resolve preliminary findings from a federal compliance assessment alleging the company paid 176 female employees less than their male counterparts in 2017. The Office of Labor Programs DOL federal contract compliance alleged that from January 1 to December 31, 2017, Esri, a digital mapping and analytics company, systematically discriminated against 143 female software development engineers and 33 female quality assurance engineers at its headquarters. California social. Read more here.

Upcoming Labor and Employment Presentations

WEBINAR: Non-displacementSeptember 9, Nichole Atallah. Read more here.


SBA Statement on Signing of Paycheck Protection Program and Bank Fraud Enforcement Harmonization Act and Loan Fraud Statute of Limitations Act in Case economic disaster related to COVID-19
The Small Business Administration (SBA) released a statement regarding the signing of two pieces of legislation, (1) the Paycheck Protection Program (PPP) and Bank Fraud Enforcement Harmonization Act and (2) the COVID-19 Economic Injury Disaster Loan Fraud Statute of Limitations Act. The first law extends the statute of limitations to 10 years for PPP borrower scams. It applies to the first and second PPP loans. The second law extends the statute of limitations to 10 years for borrower fraud under the Economic Disaster Loan (EIDL) and EIDL advance scheme. Read more here.

Monmouth County society accepts $7.6million judgment for violating misrepresentation law
A Monmouth County, New Jersey company will pay $7.6 million under a consent judgment for its role in making false statements to obtain government contracts reserved for owned and controlled companies by disabled veterans. As alleged in the government complaint: VE Source LLC, based in Shrewsbury, New Jersey; company owners Sherman Barton and Christopher Neary; and a related entity, Vertical Source LLC, defrauded the federal government by falsely claiming that VE Source was eligible for government contracts reserved for businesses owned and controlled by disabled veterans. Read more here.

Upcoming Presentations on Litigation and Dispute Resolution

WEBINAR: Small Government Contractors and the FCA: Is Greater Enforcement on the Horizon? August 31, Jackie Unger and matt feinberg. Read more here.

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