Weekly Update for Government Contractors and Commercial Businesses– July 2022 #2

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GOVERNMENT CONTRACTS

SBA Proposes Adoption of 2022 NAICS Revision for Small Business Size Standards
The Small Business Administration (SBA) proposed to amend its small business size regulations to incorporate the Office of Management and Budget’s North American Industry Classification System revision for 2022 into its table of small business size standards. Under SBA’s proposed amendments, the updated table of small business size standards would be effective October 1, 2022. Comments on SBA’s proposed rule are due August 4, 2022. Read more here.

SBA Proposes Regulatory Amendments to Implement Transfer of VOSB and SDVOSB Certification
The Small Business Administration (SBA) proposed to amend its regulations to implement a statutory requirement to certify Veteran-Owned Small Business Concerns (VO SBC) and Service-Disabled Veteran-Owned Small Business Concerns (SDVO SBC) participating in the Veterans Certification Program. SBA’s proposed rule seeks to create a seamless transfer of the VO SBC / SDVO SBC verification function from the Department of Veterans Affairs to SBA. Comments are due August 5, 2022. Read more here.

GSA Seeks Feedback on Use of Packaging, Shipping, and Other Single-Use Plastics
The General Services Administration (GSA) is seeking public feedback on the use of plastic consumed in both packaging and shipping, as well as other single-use plastics for which the agency contracts. Responses will inform future rulemaking to establish requirements and reporting mechanisms for reducing the unnecessary use of packaging, shipping, and other single-use plastics. Comments are due September 6, 2022, for consideration in the formulation of a proposed rule. Read more here.

DIA OIG Announces Audit of Commercial Contract Payments
The Defense Intelligence Agency (DIA) Office of Inspector General announced that it will conduct an audit of DIA’s Commercial Contract Payments. The audit seeks to determine whether DIA’s Commercial Contract Payments were proper, supported, and timely. Commercial Contract Pay is DIA’s largest payment program. It has not been a part of evaluations on payment integrity since the Office Management and Budget has granted payment integrity reporting relief to DIA for the past five years. Read more here.

Upcoming Government Contracts Presentations

EVENT: Mentor Protégé Programs, July 14, Tony Franco. Read more here.

WEBINAR: FCA Implications for M&A Transactions, July 26, Cy Alba and Matt Feinberg. Read more here.

WEBINAR: Joint Venture Basics for Large and Small Contractors, July 27, Meghan Leemon. Read more here.

WEBINAR: Small Government Contractors and the FCA: Is More Enforcement on the Horizon? August 31, Jackie Unger and Matt Feinberg. Read more here.

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

EVENT: How to File a Request for Equitable Adjustment or Claim on Your Contract, August 31, Jon Williams. Read more here.

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

LITIGATION & DISPUTE RESOLUTION

Air France and KLM Airlines to Pay $3.9 Million to Settle FCA Allegations
The Department of Justice announced that Air France and KLM Airlines have agreed to pay $3.9 million to resolve their alleged liability under the False Claims Act for falsely reporting information about the transfer of U.S. mail to foreign posts or other intended recipients under contracts with the U.S. Postal Service. Read more here.

Upcoming Litigation & Dispute Resolution Presentations

WEBINAR: FCA Implications for M&A Transactions, July 26, Cy Alba and Matt Feinberg. Read more here.

WEBINAR: Small Government Contractors and the FCA: Is More Enforcement on the Horizon? August 31, Jackie Unger and Matt Feinberg. Read more here.

LABOR & EMPLOYMENT

OSHA Extends National Emphasis Program to Protect High-Risk Workers from COVID-19
The Department of Labor’s Occupational Safety and Health Administration (OSHA) is extending its Revised National Emphasis Program for COVID-19 until further notice. The program was set to expire on July 7, 2022. It focuses enforcement efforts on companies that put the largest number of workers at serious risk of contracting COVID-19 and on employers that retaliate against workers who complain about unsafe or unhealthful conditions or who exercise other rights under the Occupational Safety and Health Act. OSHA is also temporarily increasing its COVID-19 inspection goal from five percent of inspections to ten percent while it works to finalize a permanent COVID-19 health care standard. Read more here.

Upcoming Labor & Employment Presentations

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

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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