Redstone Government Consulting Blog (29)

Overview

• The US Supreme Court blocked the OSHA vaccine and testing mandate for large private employers.
• The Federal Contractor mandate established by EO 14042 is still subject to a nationwide injunction entered by the United States District Court for the Southern District of Georgia on December 7, 2021. This injunction has been appealed to the Eleventh Circuit Court of Appeals by the Biden Administration. This injunction ordered the federal government to temporarily stop enforcement of the COVID vaccine mandate for federal contractors.  
• Effective January 30, 2022, the federal contractor minimum wage will be increased to $15 per hour for covered employees working on covered contracts.
• Contractors will be able to register for the OFCCP’s new Contractor Portal on February 1, 2022.
• The 2021 EEO-1 Data Collection period is tentatively set to open on April 12, 2022.
• Group health plans and insurers must cover or reimburse in full for over-the-counter COVID-19 tests.

I talk with business owners all the time that are either just starting their business, or just getting their existing business into government contracting, and one of the questions we address almost weekly is – Which accounting software built for government contractors should I go with? The answer is, maybe none of them. While the popular govcon accounting software solutions are a really good option for many government contractors, you certainly aren’t limited to those. If you’re a relatively small government contractor, then other products such as QuickBooks might be a better software solution.

This video provides a summary of the status of the various COVID-19 vaccine mandates, with a focus on Executive Order 14042. Although this federal contractor vaccine mandate is subject to an injunction, covered contractors still have some COVID-related obligations for maintaining a safe workplace that should not be overlooked. We also discuss the importance of good faith compliance efforts, including clear communications to employees regarding their right to request accommodation for those contractors that have moved forward with their policies on mandating vaccines. We note that since this recording (January 13, 2022), the United States District Court for the Southern District of Texas also blocked the vaccine mandate for Federal workers.

This is the second blog in a three-part series on progress payments. This blog addresses Line 5, Contract Price and Line 11, Total eligible costs on the SF1443 Contractor’s Request for Progress Payment Form.

As the year comes to an end, many of you are ready to close the door on 2021. But before you dive head-first into 2022, let's take a moment to ensure you have finished your year-end process. Unanet is a comprehensive accounting system that offers clear procedures for closing. Still, we all know that government contracting comes with unique accounting challenges, and extra help can come in handy! Therefore, we at Redstone GCI wanted to provide a checklist and a few links to the Unanet Support Site to help guide you through the Year-End Process smoothly and efficiently:

Merry Christmas and Happy New Year from all of us at Redstone GCI

A special thanks to our charitable committee members for 2021 and to all of the organizations we've supported for their efforts in making the world a better place for everyone.

This is the first blog on a three-part series on progress payments and discusses progress payments and the applicable rates.

Overview

• The Office of Federal Contract Compliance Programs (OFCCP) issued an announcement on December 2, 2021 introducing its new contractor portal.  OFCCP describes the portal as a “platform where covered contractors must certify whether they are meeting their requirement to develop and maintain annual AAPs [affirmative action programs].”  Beginning on March 31, 2022, contractors will be able to utilize the certification feature in the portal to certify their AAP compliance and existing contractors “must” certify whether they have developed and maintained an affirmative action program for each of their establishments or functional units by June 30, 2022.
• EEOC adds new info on when COVID-19 may be a disability: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws | U.S. Equal Employment Opportunity Commission (eeoc.gov).
• The US DOL Wage and Hour Division has announced a final rule to implement Executive Order 14026 that will increase the federal contractor hourly minimum wage to $15.
• The Federal Contractor Vaccine Mandate established by EO 14042 is now subject to a nationwide injunction entered by Federal Judge Stan Baker of the United States District Court for the Southern District of Georgia on December 7, 2021. This injunction ordered the federal government to temporarily stop enforcement of the COVID vaccine mandate for federal contractors. Employers may still choose to adopt voluntary vaccine mandates but must be mindful of the states that have adopted laws limiting or banning vaccine mandates.  
• Due to a stay by the US Court of Appeals for the Fifth Circuit, all activities related to the OSHA COVID-19 Vaccination and Testing ETS have been suspended. The U.S. Court of Appeals for the Sixth Circuit now has jurisdiction over ETS challenges and DOL has filed a motion to lift the stay. Note that the ETS also acts as a proposal for a permanent standard that is subject to the normal rulemaking procedures. Accordingly, the comment period, which is separate from the litigation, has been extended to January 19, 2022.
  

DCAA issued some guidance on PPP forgiveness treatment in the form of frequently asked questions (FAQs) to its auditors. The FAQs were not front and center on DCAA’s website but search on “PPP” did find them at: COVID FAQ for PWS 07142021 (dcaa.mil).