Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision
Westlaw Journal Government Contract recently published an article by Meghan Leemon and Lauren Brier titled “Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision.” The article covers a decision from the Armed Services Board of Contract Appeals (ASBCA) that highlights the importance for prime contractors to preserve all relevant defenses to termination in advance of an appeal to the Board of Contract Appeals or Court of Federal Claims. To access the full article, please visit this link . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – April 10, 2020
If you have questions concerning the content below, please visit this link . COVID-19 Client Resource Center: To access resources for businesses navigating the COVID-19 crisis, we invite you to visit PilieroMazza’s “ COVID-19 Client Resource Center .” Please contact [email protected] for immediate assistance. SMALL BUSINESS PROGRAMS & ADVISORY SERVICES CARES Act Guide for Small Business Owners The U.S Senate Committee on Small Business and Entrepreneurship released a guide for major programs and initiatives under the Coronavirus Aid, Relief, and Economic Security (CARES) Act that will . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – April 3, 2020
If you have questions concerning the content below, please visit this link . COVID-19 Client Resource Center: To access resources for businesses navigating the COVID-19 crisis, we invite you to visit PilieroMazza’s “ COVID-19 Client Resource Center .” Please contact [email protected] for immediate assistance. CLIENT ALERT: DOL Issues Temporary Regulations the Day the FFCRA Became Law, April 2, 2020, Nichole Atallah , Sarah Nash , and Sara Nasseri . [ Read More ] CLIENT ALERT: FFCRA Leave Effective April 1: DOL Issues Additional Guidance, March 31, 2020, Nichole Atallah , Sarah Nash , and Sara Nasseri . [ Read More ] SMALL BUSINESS PROGRAMS . . . Read More
DOL Issues Temporary Regulations the Day the FFCRA Became Law
The Families First Coronavirus Response Act (FFCRA) went into effect on April 1st. That same day, the Department of Labor (DOL) issued temporary regulations to implement the new provisions of the Expanded Paid Sick Leave Act (EPSLA) and the Expanded Family and Medical Leave Act (EFMLA). The much-anticipated regulations generally follow the additional guidance provided by the DOL in the past few weeks. We previously wrote on the FFCRA on March 18, 2020 ( link ), and on the additional guidance . . . Read More
Affiliation in the Context of SBA Loans, Guidance for Venture Capital Investors
In this guidance document published by the National Venture Capital Association (NVCA), “Affiliation in the Context of SBA Loans, Guidance for Venture Capital Investors,” PilieroMazza ’s Kathryn Hickey offers key takeaways for venture capital investors concerned about SBA affiliation rules in the context of SBA loans. To access the full article, please visit this link . Ms. Hickey is Chair of the Firm’s Business & Transactions Group , where she assists clients primarily in general business, mergers and acquisitions, venture capital and private equity investments, and commercial contracting. . . . Read More
FFCRA Leave Effective April 1: DOL Issues Additional Guidance
DOL has issued additional guidance to assist employers in providing Families First Coronavirus Response Act (FFCRA) emergency sick and family leave. We previously wrote on the FFCRA on March 18, 2020 ( link ). Below is important information to prepare for implementation this week. Will state or local isolation orders qualify an employee for FFCRA sick leave? It depends. Leave taken prior to April 1 regardless of the qualifying reason will not be eligible for FFCRA’s tax credit. However, if needed after April 1, . . . Read More
The CARES Act and Leave Guide for Employers: Deciding Which Option is Best for You and Your Employees
Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the “Act” or the “CARES Act”) on March 27, 2020 in an effort to mitigate the economic impact of COVID-19 on businesses and employees. President Trump is expected to sign the bill into law any moment. Once signed, the CARES Act allows businesses to apply for loans to continue paying employees and maintaining operations, which may be forgiven, expands on provisions of the Families First Coronavirus Act ( FFCRA ), and . . . Read More
Contracting Officers Can Pay You Even If the Contract Is Shut Down!
Yesterday, we discussed the emergency loan programs and loan forgiveness opportunities for small businesses in the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). However, it is critical to understand that there are other avenues for relief that do not have to wait for SBA or private lenders to start processing such loans. Specifically, OMB Memorandum M-20-18 gave Contracting Officers (“CO”) broad authority and specifically states that all contracting personnel should “feel fully empowered to use acquisition flexibilities.” Further, Section 3610 of the Act, entitled “Federal Contractor Authority,” specifically states that . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – March 27, 2020
If you have questions concerning the content below, please visit this link . CLIENT ALERT: The CARES Act and Leave Guide for Employers: Deciding Which Option is Best for You and Your Employees, March 27, 2020, Nichole Atallah , Sarah Nash , and Sara Nasseri . [ Read More ] COVID-19 CLIENT RESOURCE CENTER: To access more resources for businesses navigating the COVID-19 crisis, we invite you to visit PilieroMazza’s “ COVID-19 Client Resource Center .” WEBINAR: Teleworking in a COVID-19 Environment: Your Questions Answered, March 31, 2020, Nichole Atallah . [ Read More ] WEBINAR: COVID-19 Survival: . . . Read More
Senate Passes Historic COVID-19 Stimulus Package: Billions Set Aside for Small Businesses
On March 25, 2020, the U.S. Senate unanimously passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), and the House of Representatives is expected to similarly pass the CARES Act on March 27, 2020. The legislation represents an unprecedented stimulus package as the government attempts to mitigate the economic damage associated with the novel COVID-19 pandemic. Below is a summary of some of the central components of the stimulus package that focus on economic relief for small businesses. . . . Read More