On March 15, 2022, the Cyber Incident Reporting for Critical Infrastructure Act of 2022 was signed into law. Generally, CIRCIA requires “covered entities,” defined as entities in certain critical infrastructure sectors, to...more
4/10/2024
/ Comment Period ,
Covered Entities ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Security ,
Proposed Rules ,
Ransomware ,
Reporting Requirements
The U.S. Department of Defense recently issued its 2024 Defense Industrial Base (“DIB”) Cybersecurity Strategy. The purpose is to provide actionable items that both the DoD and defense contractors can use. In implementing the...more
The Office of Management and Budget (OMB) has issued a Request for Information (RFI) seeking public input on ensuring the responsible procurement of artificial intelligence (AI) systems and services by federal agencies. This...more
On Friday, March 29, the U.S. Department of Treasury published new FAQs that address the eligible uses of State and Local Fiscal Recovery Funds by Tribal Governments.
The American Rescue Plan Act provided $350 billion to...more
The final regulations are effective on May 10, 2024.
Last week, the Department of the Treasury issued final regulations that address the Elective Pay program (also called direct pay), predominantly under Internal Revenue...more
3/19/2024
/ Comment Period ,
Eligibility ,
Final Rules ,
Internal Revenue Code (IRC) ,
IRS ,
Joint Ownership ,
Opt-Outs ,
Partnerships ,
Regulatory Agenda ,
Regulatory Requirements ,
Tax Credits ,
U.S. Treasury
On March 5, 2024, in its opinion and order for the case of Jeffrey Nuziard, et. al. v. Minority Business Development Agency, et. al., Case 4:23-cv-00278-P, the U.S. District Court for the Northern District of Texas (Fort...more
3/18/2024
/ 8(a) Program ,
Business Development ,
Commercial Litigation ,
Constitutional Challenges ,
Eligibility ,
Equal Protection ,
Ethnicity ,
Federal Contractors ,
Minority-Owned Businesses ,
Preliminary Injunctions ,
SBA
On January 25, 2021, President Biden issued Executive Order 14005, “Ensuring the Future is Made in All of America by All of America’s Workers.” The order contemplated a series of actions to maximize consumption of domestic...more
On December 26, the Department of Defense issued its proposed rule for the Cybersecurity Maturity Model Certification (CMMC) 2.0 program, which covers federal contracts (including defense contracts) and, by extension,...more
Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 was filed in the United States District Court for the Eastern District of Kentucky to challenge the federal Department of...more
Comments on the proposed rule are due by April 1, 2024.
On January 30, the Department of Defense, General Services Administration, National Aeronautics and Space Administration, and Office of Federal Procurement Policy...more
January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more
1/15/2024
/ Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Commercial Litigation ,
Construction Industry ,
Construction Project ,
Construction Workers ,
Contractors ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Motion To Enjoin ,
Procurement Guidelines ,
Project Labor Agreements ,
Regulatory Mandates ,
Subcontractors
As we come to the end of 2023, I wanted to take the opportunity to summarize the status of the various legal challenges on issues that are relevant to small business contractors.
Ultima Services Corp. v. U.S. Dept. of...more
The U.S. Government Accountability Office decision, In the Matter of Steiner Construction Company, Inc., B-421254.9 (December 4, 2023), is a good reminder that timing counts when determining eligibility for small business...more
The 2024 National Defense Authorization Act passed by the Senate and House this week contains provisions that may have an impact on small business contractors.
SEC. 862. PAYMENT OF SUBCONTRACTORS...more
On December 14, the Department of Labor issued its final rule implementing Executive Order 14055, entitled “Nondisplacement of Qualified Workers Under Service Contracts.” The executive order and rule seek to enhance...more
12/19/2023
/ Contract Disputes Act ,
Contractors ,
Department of Labor (DOL) ,
Employee Retention ,
Enforcement ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Final Rules ,
Right of First Refusal ,
Service Contract Act ,
Service Contracts
On August 23, 2023, the United States Department of Labor (“DOL”) issued a final rule updating regulations issued under the Davis-Bacon Act. This is the DOL’s first comprehensive update to the Davis-Bacon Act regulations in...more
On December 1, 2023, Chairman of the U.S. House Committee on Small Business, Roger Williams, a Member of Congress from Texas, issued a letter to the Small Business Administration to request information regarding the SBA’s...more
What Does it Mean for Your Business?
This article updates and provides new information and guidance and replaces our original article dated August 3, 2023.
On January 1, 2024, the Corporate Transparency Act (the “Act”...more
On October 26, 2023, a new legal challenge to the federal Department of Transportation’s Disadvantaged Business Enterprise program was filed in the Federal District Court for the Eastern District of Kentucky.
Raising the...more
On November 20, 2024, the Treasury Department issued an interim final rule that makes changes to the regulations that govern the Coronavirus State and Local Fiscal Recovery Funds. The new rule clarifies how state, local, and...more
In August, the United States Department of Labor issued the most comprehensive updates to the Davis-Bacon and Related Acts in more than 40 years. The final rule went into effect on Oct. 23. Originally enacted in 1931,...more
On August 23, 2023, the United States Department of Labor (“DOL”) issued a final rule updating regulations issued under the Davis-Bacon Act. This is the DOL’s first comprehensive update to the Davis-Bacon Act regulations in...more
11/10/2023
/ Construction Industry ,
Construction Workers ,
Contractors ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Contractors ,
Labor Reform ,
Prevailing Wages ,
Regulatory Agenda ,
Regulatory Reform ,
Subcontractors ,
Wage and Hour
This is an advisory update of key responsibilities for contractors under a proposed new Federal Acquisition Regulation (FAR) rule that standardizes cybersecurity requirements for a Federal Information System (FIS). The...more
On August 23, 2023, the United States Department of Labor (“DOL”) issued a final rule updating regulations issued under the Davis-Bacon Act. This is the DOL’s first comprehensive update to the Davis-Bacon Act regulations in...more
11/1/2023
/ Construction Industry ,
Construction Project ,
Construction Workers ,
Contractors ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Contractors ,
Labor Reform ,
Prevailing Wages ,
Regulatory Agenda ,
Regulatory Reform ,
Subcontractors ,
Wage and Hour
Karthik Consulting, LLC v. United States, Case No. 23-944, a recent Court of Federal Claims case, identifies an essential nuance in determining the eligibility of contractors who have graduated from the Small Business...more
11/1/2023
/ 8(a) Program ,
Construction Litigation ,
Court of Federal Claims ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
MACs ,
SBA ,
SBA Lending Programs ,
Small Business ,
Solicitation ,
USCIS