SBA Issues More New Guidance on PPP Loan Forgiveness
In a new FAQ published on August 4, 2020, SBA clarified some additional points from the use of scanned documents to support the application to the forgiveness eligibility of costs incurred or paid during the chosen covered period. As always, PilieroMazza wants to bring this to the attention of all of our clients as we know many firms are currently preparing their forgiveness applications and these may be critical updates. General Loan Forgiveness If you are a sole proprietor/1099 or . . . Read More
BLOG: Investing in or Acquiring a Medical Provider? Costs of Improperly Reporting Medicare Changes in Ownership (CHOW)
When an investor desires to invest in or acquire a medical provider, the investor must understand how the transaction may affect the provider’s Medicare enrollment. Depending on the structure of the transaction, the provider must report certain changes in the provider’s ownership to the Centers for Medicare & Medicaid Services (“CMS”). Compliance with CMS’s notification requirements permits the provider to continue participating in the Medicare program under its provider agreement with minimal, if any, delays or issues. However, if the . . . Read More
California Consumer Privacy Act Enforcement Effective July 1
Despite requests for delay due to COVID-19, California Attorney General Xavier Becerra has affirmed that enforcement of the California Consumer Privacy Act (CCPA) has started, effective July 1, 2020. The CCPA is a huge step forward in data privacy law, granting California consumers robust data privacy rights and increased control over their personal information. Previous PilieroMazza coverage of the CCPA can be viewed here and here . While the CCPA has been in effect since January 1, 2020, companies that do business with California . . . Read More
BLOG: CMMC Heads to the STARS: Important Cybersecurity Provisions in GSA’s 8(a) STARS III RFP
One of the hottest topics for government contractors is the General Services Administration’s (GSA) recent release of the updated 8(a) STARS III request for proposal (RFP). With proposals due by August 19, 2020, many contractors are knee deep in preparing responses to this critical multiple-award RFP. The RFP includes provisions to address the Department of Defense’s (DOD) upcoming Cybersecurity Maturity Model Certification (CMMC). CMMC has not even gotten off the ground yet for DOD, but is included in the 8(a) . . . Read More
GSA and SBA Issue Additional Guidance on Bidding Through Joint Ventures for STARS III
As we wrote on July 16th, SBA was interpreting 13 CFR 124.513(a)(2) as prohibiting awards of STARS III to both an 8(a) firm, individually, and a joint venture where that same 8(a) firm was the entity upon whom eligibility for the JV was based. Below we address additional guidance as to SBA’s interpretation of the prohibitions for 8(a) firms seeking to bid on STARS III—as well as compliance requirements—which are important to note as firms prepare their bidding strategies. As of Friday evening, SBA . . . Read More
Virginia First State to Adopt Workplace Safety Standards Amidst COVID-19 Pandemic
On July 15, the Virginia Safety and Health Codes Board approved temporary emergency standards to prevent the spread of the coronavirus in Virginia workplaces. Expected to go into effect during the week of July 27, the new workplace safety standards are the first of their kind in the country. The regulations will impose large monetary penalties on companies that fail to implement various COVID-19 safety measures. Virginia state officials, under the direction of Governor Ralph Northam, purportedly spearheaded implementation of the . . . Read More
STARS III: Simultaneous Bidding as Prime Contractor and Managing Member of JV, or Bidding as Managing Member Under Multiple JVs
PilieroMazza has received a flood of questions related to STARS III and Cy Alba gave a presentation ( link ) earlier today walking through a number of keys issues and our interpretation of key requirements in the RFP. As a part of that, one key question being asked is whether clients are able to bid themselves as a prime contractor and also as the managing member of a joint venture? While there is nothing in the STARS III RFP that expressly disallows submitting an offer . . . Read More
BLOG: New DOL Rule Frees TRICARE Providers from OFCCP Audits and Enforcement
On July 2, 2020, the Department of Labor (DOL) published a final rule , which clarifies that its Office of Federal Contract Compliance Programs (OFCCP) lacks authority over certain medical providers who contract with TRICARE. While there has been a moratorium on OFCCP enforcement for TRICARE providers since 2014, the potential for future OFCCP audits and related litigation loomed large. This rule relieves healthcare providers who solely contract with the federal government through TRICARE from future OFCCP audits and enforcement. OFCCP enforces Executive . . . Read More
BLOG: COVID-19 Is Spiking More Than Just Fevers: 5 Things to Remember with Union Organizing on the Rise
As unemployment rises and companies face new COVID-19 health and safety challenges, many unions are exploring new ways to encourage employees to organize. In this climate of union organizing, it can be important to keep open communications with your workforce. Often, the best way to avoid a union organizing campaign is to listen to employee concerns as they arise and keep a watchful eye on signs that employees might be considering organizing, providing you an opportunity to get out in . . . Read More
BLOG: $4.5 Million False Claims Act Settlement Underscores DOJ’s Focus on Fraud in Small Business Programs
During the webinar on “ The False Claims Act: 2019 Takeaways and 2020 Trends ” earlier this year, Matt Feinberg and Jackie Unger noted that the SBA’s small business programs are fertile ground for False Claims Act (FCA) enforcement and predicted increased enforcement in 2020 and beyond. A recent settlement has shown this to be true and illustrates that the risk of FCA liability can extend to affiliates and business partners of purported small businesses that contract with the federal government. On May 4, 2020, the DOJ issued a press release stating that Northland Associates, . . . Read More