Weekly Update for Government Contractors and Business Enterprises – August 2021 # 2 | PilieroMazza SARL

GOVERNMENT CONTRACTS

Defense and Aerospace Report: Cy Alba discusses legal implications of the latest cybersecurity ordinances, rules and regulations
Cy Alba, partner at PilieroMazza, recently joined Defense and Aerospace Report Editor-in-Chief Vago Muradian will discuss the legal implications of President Biden’s cyber executive order, major upcoming requirements, and the impact for principals and contractors. Their discussion also focused on improving the supply chain, the prospects for the cybersecurity maturity model certification process and the role of cyber in the boardroom. Visit this link to access the podcast. Read more here.

Class deviation regarding exceptions to the limitations of subcontracting requirements for small businesses under Part 19 of the FAR
The Civilian Agency Acquisition Board issued a memorandum to civilian agencies authorizing them to issue a class waiver to apply exceptions to the limitations of subcontracting requirements for small businesses. The memorandum provides recommended deviated language for FAR 52.219-14, Limitations on Outsourcing, to align the clause with Small Business Administration regulations, which include exclusions on service contracts for certain other costs. direct and work done outside the United States. on to explain that, per their agency guidelines, contracting officers should use the deviated clause instead of FAR 52.219-14. Read more here.

OMB gives agencies 60 days to identify and start securing critical software
FedScoop reported that according to a recent memorandum, the Office of Management and Budget (OMB) has given federal agencies 60 days to identify all of their critical software in use or being acquired and one year to secure it. . The OMB has asked agencies to focus on securing stand-alone on-premises software that performs “security-critical” functions or has “significant potential for harm” if compromised as part of the implementation phase. initial implementation of the Critical Software Guidelines published by the National Institute of Standards and Technology on July 8, 2021. Learn more here. The OMB memorandum is available here.

Department of Homeland Security plans CMMC-like compliance effort
Nextgov said the Department of Homeland Security will conduct an “scoping assessment” to determine the way forward for a new cybersecurity compliance program that shares similarities with the Department of Security’s cybersecurity maturity model certification. Defense. Read more here.

DOD considers market for small cloud providers as follow-up to JEDI replacement
FedScoop has indicated that the Defense Department will consider establishing a market for small cloud providers as a “follow-up” contract to the eventual acquisition of Joint Warfighter Cloud Capability. Read more here.

SBA views Biden executive orders as opportunity to increase equity in small business contracts
Federal News Network reported that the Small Business Administration, as part of the Biden administration’s diversity, equity and inclusion work, is stepping up to increase the percentage of federal contract money that goes to small disadvantaged businesses. Read more here.

Paycheck Protection Program Direct Borrower Forgiveness Portal Exceeds Expectations, Accepting Over 340,000 Submissions
The Small Business Administration reported that since the Paycheck Protection Program (PPP) Direct Borrower Forgiveness Portal opened on August 4, 2021, it has received more than 340,000 submissions from borrowers with PPP loans of $ 150,000. or less. Read more here.

FCC Proposes to Revise Rules on Equipment Authorization Processes
The Federal Communications Commission (FCC) has issued a proposed rule and a request for comment designed to protect communications networks from communications equipment and services that pose a risk to national security. The proposed rule would revise the regulations related to the FCC’s equipment authorization processes to prohibit the authorization of any “covered” equipment on the newly established Covered List. The FCC is seeking feedback on how to take advantage of its equipment licensing program to encourage manufacturers who build devices that will connect to U.S. networks to consider cybersecurity standards and guidelines. Comments are expected on September 20, 2021. Response comments and comments on the information collection requirements proposed by the Paperwork Reduction Act are expected on October 18, 2021. Read the proposed rule here. The request for comments is available here.

Upcoming presentations on public procurement

EVENT: CMMC: Legal and contractual implications, August 31, 2021, Jon Williams and Anna Wright. Read more here.

EVENT: HUBZone Exclusive Supplier and Price Review Preference: What You Need to Know, September 8, 2021, Jon Williams. Read more here.

EVENT: Major missteps that lead to legal challenges for government contractors, September 10, 2021, Nichole Atallah. Read more here.

WEBINAR: Cyber ​​Security and Data Privacy Webinar Series: Password Protected: Critical Cyber ​​Security and Data Privacy Planning for Your Small Business, September 14, 2021, Anna Wright and Emily Rouleau. Read more here.

WEBINAR: Team strategies and proposal for GSA POLARIS, September 15, 2021, Cy Alba. Read more here.

WEBINAR: A trip worth celebrating: it’s never too early to plan your trip, September 21, 2021, Cy Alba. Read more here.

WEBINAR: Construction Webinar Series: DOT Underprivileged Business Program: What Construction Contractors Large and Small Need to Know, September 23, 2021, Jackie Unger and Meghan Leemon. Read more here.

WEBINAR: Government Contractors: Key Questions You Should Ask Your Advisors, September 30, 2021, Cy Alba and Kathryn Hickey. Read more here.

LITIGATION & SETTLEMENT OF DISPUTES

Contractor and defense workers convicted of government procurement fraud scheme
The Justice Department has reported that a U.S. defense contractor, its owner and four of its employees have been convicted of engaging in a massive procurement fraud scheme involving more than $ 7 million in government contracts. Read more here.

Upcoming presentations on litigation and dispute resolution

WEBINAR: Risks of the False Claims Act for HUBZone businesses: what you need to know for your next proposal or contract, September 21, 2021, Matt Feinberg and Todd Reinecker. Read more here.

WEBINAR: FLSA and wage and hour issues for restaurants, December 7, 2021, Matt Feinberg. Read more here.

WORK AND EMPLOYMENT

DOL recovers $ 1.7 million in back wages and benefits for 81 employees falsely classified by defense contractor in 21 states
The Department of Labor (DOL) reported that a South Carolina-based contractor paid $ 1,705,441 in arrears of wages and benefits to 81 employees after the company violated the requirements of the contract law. McNamara-O’Hara service. Read more here.

DOJ Guidelines for Employees, Contractors, and Visitors Regarding COVID-19 Vaccination Certification Procedures
The Department of Justice (DOJ) issued a memorandum regarding the implementation of new policies and protocols for the federal workplace regarding mask wearing, social distancing and COVID-19 testing. Among other things, the memorandum explains that the DOJ is beginning to implement the Office of Management and Budget’s vaccine attestation requirements for employees, contractors and visitors entering DOJ facilities. Read more here.

New procedures for on-site contractors at DOS facilities in response to the ongoing COVID-19 pandemic
The Department of State (DOS) has issued a memorandum detailing its current operating procedures for on-site contractors at DOS facilities, which includes information on its policies regarding Office of Management and Budget immunization certification. . Read more here.

Second agency announces COVID-19 vaccination mandate for some civilian employees
The government executive reported that the Department of Health and Human Services has become the second federal agency (after the Department of Veterans Affairs) to mandate COVID-19 vaccines for certain civilian employees, announcing it will require the vaccines for its health personnel. Read more here.

Upcoming presentations on work and employment

EVENT: Major missteps that lead to legal challenges for government contractors, September 10, 2021, Nichole Atallah. Read more here.

WEBINAR: Common Labor and Employment Mistakes in Public Procurement, September 22, 2021, Nichole Atallah. Read more here.

WEBINAR: Risk prevention strategies: Ownership of inventions developed by employees and intellectual property, September 29, 2021, Sarah Nash and Camilla Hundley. Read more here.

WEBINAR: Updating and resetting the OFCCP: what to watch for in 2022, October 12, 2021, Sara Nasseri. Read more here.