The Dotted Line: How to prepare for Davis-Bacon updates

There are a slew of changes that contractors need to be aware of, or risk paying back wages and penalties. The Biden administration’s recent changes to the Davis-Bacon Act are the most dramatic in a generation. They restore the Labor Department’s definition of prevailing wage that was used until 1983, thereby increasing construction workers’ pay on federally […]

SBA Tightens Enforcement of HUBZone Regulations

Government contractors maintaining or seeking HUBZone certification should make themselves aware of the Small Business Administration’s (SBA) recent efforts to tighten and enforce new and existing rules surrounding the HUBZone program. On September 20, 2023, the SBA issued a press release announcing its plan to strengthen enforcement of HUBZone regulations. The press release, titled “U.S. […]

High-Speed Rail Authority Receives Nearly $202 Million from Federal Government

SACRAMENTO, Calif. – In the strongest show of a continued partnership, the California High-Speed Rail Authority (Authority) announced today receiving nearly $202 million from the U.S. Department of Transportation to expand construction of high-speed rail by completing six grade separations. The grant was made through the federal 2022 Consolidated Rail Infrastructure and Safety Improvements (CRISI) […]

Reducing the Negative Impacts of a Government Shutdown for Federal Contractors

Once again, the specter of a government shutdown looms over the federal contracting community. The federal government is set to run out of funding on September 30 and tensions in the House are making it ever more likely that a shutdown will occur. Below are key steps your business should take to mitigate the possible […]

The time is now to protect your firm from ransomware attacks

Ransomware attacks are one of the biggest cybersecurity threats to U.S. businesses, and the construction industry is not immune. In fact, it was the most commonly attacked industry in 2022, according to research by NordLocker. Government agencies and insurance carriers are no longer waiting for improvements and instead mandating them as table stakes to do business.  […]

Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program

On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where it declared that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage, which is used in admitting many small-disadvantaged businesses to the SBA’s 8(a) program, violated the equal protection rights of a government contractor and […]

Lapse in SAM Registration Disqualifies Government Contractor from Contract Award

The Court of Federal Claims (COFC) recently interpreted FAR Clause 52.204-7, which requires offerors to register in the System for Award Management (SAM), to indicate that even a slight lapse in a contractor’s SAM registration status could disqualify them from potential award.   The Case Before the Court  COFC recently granted a preliminary injunction in Myriddian, LLC v. […]

New Defenses to the Ostensible Subcontractor Rule are Coming

You may have noticed that SBA issued a final rule last week that created sweeping changes to the SBA’s 8(a) Program regulations, but along with that, SBA made sure to slip in a change to the ostensible subcontractor rule that has been a sticking point for many contractors when facing affiliation concerns. With this final […]

Biden-Harris Administration to Launch New Initiative to Increase Federal Contracting with Small Disadvantaged Businesses

WASHINGTON – Today, Administrator Isabella Casillas Guzman, head of the U.S. Small Business Administration (SBA), and Administrator Robin Carnahan, head of the U.S. General Services Administration (GSA), announced a joint effort, known as the 8(a) MAS Pool Initiative, to help small disadvantaged businesses (SDBs) participating in the 8(a) Business Development Program gain access to more federal contracts in GSA’s Multiple Award […]

Get Ready! Enhanced Cybersecurity Standards for Federal Contractors Coming Soon

For years, the federal contracting community has closely monitored the oft-delayed Department of Defense’s (DOD) Cybersecurity Maturity Model Certification (CMMC) program—now on iteration 2.0—as the forefront of cybersecurity obligations. That focus may soon be expanding. Contractors outside of DOD’s orbit may soon be subject to similar requirements. Civilian agency contractors should start preparing now for an enhanced […]