June 14, 2024 Industry Group Leader On June 11, the Small Business Administration announced that it was extending the moratorium on the application of the bona fide place of business rule for 8(a) construction contracts to...more
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing amendments to the Federal Acquisition Regulations (FAR) that will align the FAR with regulatory...more
6/12/2024
/ Alaska ,
Comment Period ,
Deadlines ,
Federal Acquisition Regulations (FAR) ,
Mentor-Protege Program ,
Proposed Rules ,
Puerto Rico ,
SBA ,
Small Business ,
Subcontractors ,
Tribal Corporations
The Alaska Supreme Court recently affirmed and expanded Tribal sovereignty in Ito v. Copper River Native Association, issued on April 26, 2024, in which the court adopted a new multi-factor inquiry to determine whether an...more
The FTC recently found that non-compete agreements are an unfair method of competition, and issued a final ruling that bans non-compete agreements. The commission predicts the nationwide ban will encourage innovation,...more
5/8/2024
/ Confidential Information ,
Disclosure Requirements ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Startups ,
Unfair Competition
Two separate lawsuits have challenged the Federal Trade Commission’s ban on non-compete provisions and agreements: Chamber Of Commerce Of The United States Of America et al. v. Federal Trade Commission et al., Case No....more
5/7/2024
/ Arbitrary and Capricious ,
Enforcement ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
Final Rules ,
First-to-File ,
FTC Act ,
Lack of Authority ,
Litigation Strategies ,
Non-Compete Agreements ,
Popular ,
Stays ,
Unconstitutional Condition
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration have issued a final rule (the “Final Rule”) that amends the Federal Acquisition Regulation (FAR) to maximize...more
The United States Chamber of Commerce and other trade groups sued the Federal Trade Commission in the United States District Court for the Eastern District of Texas on April 24, in Chamber Of Commerce Of The United States Of...more
4/30/2024
/ Arbitrary and Capricious ,
Class Action ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Motion for Summary Judgment ,
Motion To Enjoin ,
Motion to Vacate ,
Non-Compete Agreements ,
Restrictive Covenants
On April 23, 2024, the Federal Trade Commission announced it will be issuing a final rule that bans most post-employment non-competition agreements retroactively. Absent a court order to enjoin the rule, the ban will become...more
4/25/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
On April 9, 2024, the U.S. Department of Transportation published its Final Rule to the Disadvantaged Business Enterprise (DBE) and Airport Concession DBE (ACDBE) programs. The Final Rule is the most significant overhaul to...more
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