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Weekly Update for Government Contractors and Commercial Businesses – July 1, 2019

If you have questions concerning the content below, please visit this link . SMALL BUSINESS PROGRAMS & ADVISORY SERVICES SBA Issues Proposed Rule Changing Receipts Calculation to 5 Years, Implementing Small Business Runway Extension Act, June 24, 2019, Megan Connor. On June 24, 2019, the Small Business Administration (SBA) published its long-awaited proposed rule changing the period of measurement for a receipts-based size calculation from three years to five years. This change was prompted by the Small Business Runway Extension Act . . . Read More

BLOG: Long-Awaited Proposed Rule for Lower-Tier Subcontracting Plan Credit Finally Arrives to the FAR

The FAR Council is beginning to catch up with the SBA’s allowance that prime contractors with small business subcontracting plans may take credit for lower-tier small business subcontracting—albeit, three years behind schedule. PilieroMazza attorneys will monitor and report on these developments, which could affect prime contractors and their subcontracting plan reporting, as well as their ability to win and maintain government contracts. In 2016, SBA issued its final rule implementing directives found in the 2014 National Defense Authorization Act (NDAA) to . . . Read More

SBA Issues Proposed Rule Changing Receipts Calculation to 5 Years, Implementing Small Business Runway Extension Act

On June 24, 2019, the Small Business Administration (SBA) published its long-awaited proposed rule changing the period of measurement for a receipts-based size calculation from three years to five years. This change was prompted by the Small Business Runway Extension Act (the Runway Act), which became law on December 17, 2018.  SBA was slow to implement this change because SBA believes that the Runway Act amended a section of the Small Business Act that does not apply to SBA.  “Nevertheless,” SBA says, . . . Read More

BLOG: SBA Issues Proposed Rule Changing Receipts Calculation to 5 Years, Implementing Small Business Runway Extension Act

On June 24, 2019, the Small Business Administration (SBA) published its long-awaited  proposed rule  changing the period of measurement for a receipts-based size calculation from three years to five years. This change was prompted by the Small Business Runway Extension Act (the Runway Act), which became law on December 17, 2018. SBA was slow to implement this change because SBA believes that the Runway Act amended a section of the Small Business Act that does not apply to SBA. “Nevertheless,” SBA says, . . . Read More

Challenging a Negative CPARS: What Remedies Are Available?

Weekly Update for Government Contractors and Commercial Businesses – June 21, 2019

If you have questions concerning the content below, please visit this link . SMALL BUSINESS PROGRAMS & ADVISORY SERVICES Small Business Administration – The SBA issued a proposed rule amending and updating its regulations for the 7(a) Loan Program . The proposed rule will implement the Small Business 7(a) Lending Oversight Reform Act of 2018 and update the SBA’s regulations pertaining to supervision of all lenders participating in SBA’s business loan programs. Comments to the proposed rule are due August 20, 2019. 84 Fed. Reg. 120, 29092 . . . . Read More

BLOG: Learn from Others’ Mistakes and Avoid an FCA Claim

The recent settlement reached by International Business Machines Corporation (IBM), Cúram Software Ltd. (Cúram), and the Department of Justice provides a useful lesson for government contractors—especially contractors in the healthcare industry. The $14.8 million settlement follows allegations that Cúram-IBM violated the False Claims Act (FCA) by making material misrepresentations in a proposal to support the development of Maryland’s Health Insurance Exchange website and IT platform. Specifically, Cúram made a presentation in which it stated that its software could make eligibility . . . Read More

PilieroMazza Institutes “Walking the Talk” Operating Principles and Creates New Role for Client Engagement

WASHINGTON, DC, JUNE 19, 2019: In line with PilieroMazza’s Strategic Plan, the firm has instituted “ Walking the Talk ” – a new level of operating principles and core values that will further enhance efficiencies and the firm’s internal culture – with the aim of continuously improving client service delivery. Additionally, PilieroMazza has hired Sheryl Miller as Director of Client Engagement, a newly created role to support the firm’s ongoing focus on the client experience. “’Walking the Talk’ embodies our belief system, incorporating standards on how . . . Read More

BLOG: Use It Or Lose It – U.S. Supreme Court Holds Employers Who Wait Too Long to Raise EEOC Claim Objection to Title VII Discrimination Lawsuit May Forfeit Objection

Recently, in Fort Bend County, Texas v. Davis, the U.S. Supreme Court was faced with a jurisdictional question: If a plaintiff fails to exhaust her remedies by first filing an Equal Employment Opportunity Commission (“EEOC”) claim, is she jurisdictionally barred from suing her employer for discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”)? In typical lawyerly fashion, the Supreme Court drew a distinction between “mandatory” and “jurisdictional” and answered with an “it depends.”  This blog addresses the . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – June 14, 2019

If you have any questions concerning the content below, please visit this link . FALSE CLAIMS ACT Department of Justice – The DOJ announced that Richard Moore, the owner of Carolina Sodding Services, LLC, and Carolina Enterprises of the Lowcountry, LLC, agreed to pay $1.6 million to resolve allegations that he and his companies violated the False Claims Act by submitting false invoices for materials that were never provided and false certifications that his companies were women-owned businesses. DOJ FCA investigations – According to Bloomberg . . . Read More