Defense Production Act Use Under the Biden Administration: What a Stronger Pandemic Response Means for Government Contractors
The Biden Administration plans to adopt a more forceful approach to the COVID-19 pandemic, which will likely include use of the Defense Production Act of 1950 (DPA). As we discussed last April, the DPA authorizes the U.S. government to compel prioritized sales and direct industrial production. For government contractors that receive orders issued under the DPA, operations and contractual obligations can be disrupted, so it is critical to know your rights and obligations under the statute. The DPA authorizes the . . . Read More
Errors to Avoid When Moving State Litigation to Federal Court
Depending on the claims, parties, and preferences, there are multiple forums where litigants can choose to file suit. The majority of cases start in state courts, as they are courts of general jurisdiction. However, for defendants, moving a state court case to a federal court offers certain tactical benefits. Before moving your state court case to a federal court, know that federal courts can only hear cases that have at least one claim arising under federal law or disputes between . . . Read More
Healthcare Blog Series: “Safe Harbor” Exceptions, Common Infractions, and Legislative Updates to the Anti-Kickback Statute and Stark Law
***This is the second installment in a blog series examining the regulatory environment and key concerns for persons or businesses operating in the healthcare industry.*** The first installment of this series introduced the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law (Stark Law), two of the most well-known anti-fraud and -abuse statutes in the healthcare industry. It examined their main differences and respective effects on business relationships and transactions for government contractors and commercial businesses operating in the healthcare sector. This installment . . . Read More
Executive Order on Combating Race and Sex Stereotyping: 5 Things Contractors Should Do Now
The Trump administration issued Executive Order (EO) 13950 on September 22, 2020. The order prohibits federal contractors, federal agencies and certain federal grant recipients, as well as the military, from using workplace training that “inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating.” There are many uncertainties surrounding EO 13950, including whether it will survive legal challenges and a potential change in presidential administration. This blog discusses measures that contractors . . . Read More
SBIR Funding Proposals Due to NIH by January 5, 2021: 5 Tips for Your Submission
The Small Business Innovative Research (SBIR) program provides grant or contract funding to small businesses seeking to commercialize innovative technologies. With $3.2 billion allotted to SBIR each year, there are twelve different agencies that have set aside SBIR funding. One agency is Health and Human Services which provides funding through the National Institutes of Health (NIH). NIH has three grant funding proposal deadlines a year. The next deadline is January 5, 2021. On the NIH/SBIR website , NIH states that the electronic . . . Read More
Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 1 of 3)
A customer goes bankrupt and then they (or a trustee) demand you return money you were already paid for services or goods duly rendered. In this three-part series, we discuss strategies to protect your company against these revenue “clawbacks,” and how to implement these strategies before and after a customer’s bankruptcy filing. In this blog, we discuss the definition of preferences and the policy purpose of preference actions. In the second, we discuss specific actionable items to take to limit . . . Read More
SBA Releases Loan Necessity Questionnaire for PPP Borrowers
On October 26, 2020, the Small Business Administration (SBA) issued a notice in the Federal Register that, among other updates, announced two new forms, 3509 and 3510 (the Forms), related to the Paycheck Protection Program (PPP). Form 3509 is for for-profit businesses, while 3510 applies only to non-profit entities. These Forms will be sent by PPP lenders only to PPP borrowers who received a principal loan amount of $2 million or more, and borrowers will have ten days to complete it. According to . . . Read More
The Government Contractor Gifting Guide: 4 Tips to Avoid Severe Penalties
The holiday season will be here before we know it. Although this year’s celebrations may look different for many of us, one thing will still be on everyone’s mind: gifts. For companies, holiday gifting to clients and colleagues can be a cheerful and effective marketing tool. If your clients or colleagues are government employees, it is important to remember the many rules that govern making gifts to government employees. Keep these rules in mind to prevent a small gift from . . . Read More
JEDI Update: 3 Years After Launch, DOD’s Critical Cloud Computing Contract Is Still On Hold
The acquisition battle between Microsoft and Amazon Web Services (AWS) over the Department of Defense’s (DOD) Joint Enterprise Defense Infrastructure (JEDI) Cloud contract saw another major development this fall with the announcement that the DOD will again award the JEDI contract to Microsoft following corrective action. This blog provides an update on the JEDI protest, which has potential implications for the government contracting community. On September 4, 2020, after taking corrective action to reassess its evaluation of AWS’ and Microsoft’s . . . Read More
Virginia Companies Required to Update Handbooks and Workplace Policies: Pregnancy Discrimination Updates and More
Effective October 29, 2020, Virginia employers must update their handbooks to reflect new state requirements regarding pregnancy discrimination, according to a recent law. The law adds posting requirements and is one of several state obligations recently introduced in Virginia. This client alert explains the new requirement and flags additional policy changes that employers need to take to avoid future liabilities. This year, Virginia joined a number of states that include clear prohibitions on discrimination based on pregnancy, childbirth, and related . . . Read More