How Government Contractors Should Prepare for Biden’s Mask-Wearing Mandate
On his first day in office, President Biden signed Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing (EO), which requires federal agencies to issue guidance that complies with the Center for Disease Control’s (CDC) recommended public health measures for combatting COVID-19, such as physical distancing and mask-wearing. On January 24, 2021, the Office of Management and Budget (OMB), in accordance with the EO, issued a memorandum to assist agencies in preparing their COVID-19 workplace safety plans, and they will have until January 29, 2021, to submit their drafts to . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – January 27, 2021
If you have questions concerning the content below, please visit this link . WEBINAR: COVID-19 Relief in 2021: What Small Businesses Need to Know, February 2, 2021, Cy Alba , Nichole Atallah , and Kathryn Hickey. Read more here . WEBINAR: Risk Prevention Strategies: Avoiding Costly FLSA Missteps, February 24, 2021, Nichole Atallah and Matt Feinberg . Read more here . 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 .” Contact [email protected] for immediate assistance. LITIGATION & DISPUTE RESOLUTION DOJ Announces FY 2020 Fraud and . . . Read More
Law360 Quotes Matt Feinberg on Anticipated Surge in FCA Litigation for 2021
False Claims Act recoveries were modest overall in 2020, but the relatively calm year seeded the clouds for a stormy 2021 by generating tremendous government spending on pandemic relief, a record number of new cases and a potentially game-changing decision in a closely watched area of Medicare fraud litigation. . . . Even if FCA settlements took longer to finalize because DOJ attorneys were working from home, it doesn’t mean they were twiddling their thumbs while waiting to hear back . . . Read More
Healthcare Blog Series: CMS and HHS-OIG Issue Final Rules Updating the Anti-Kickback Statute and Stark Law
***This is an update to the second installment of the blog series, which detailed proposed revisions to the Anti-Kickback Statute and the Stark Law.*** On November 20, 2020, over one year after releasing proposed changes to the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law (Stark Law), the Department of Health and Human Services’ Office of the Inspector General (HHS-OIG) and the Centers for Medicare and Medicaid Services (CMS) issued two final rules, revising the AKS and Stark Law safe . . . Read More
Top Bases for REAs and Claims Arising Under COVID-19
COVID-19 has increased costs for government contractors in almost every sector. Requests for Equitable Adjustment (REAs) and claims are available to contractors seeking compensation. But when should you submit an REA or claim? Below are top bases for filing REAs or claims that government contractors should look for when facing cost increases due to COVID-19. Delays Delays in contract performance are a common driver of increased costs and/or the need to extend a contract’s period of performance for government contractors. . . . Read More
DOJ Announces FY 2020 Fraud and FCA Recovery Statistics: What They Mean for 2021
Last week, the Department of Justice (DOJ) announced that it recovered more than $2.2 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year (FY) 2020 (ending September 30, 2020). DOJ’s FY 2020 fraud and FCA recovery statistics report accompanied the announcement. With a global pandemic that often delayed proceedings, the $2.2 billion in recoveries was DOJ’s lowest haul since 2008. Although the announcement and report revealed a significant decline in recoveries . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – January 20, 2021
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 .” Contact [email protected] for immediate assistance. WEBINAR: COVID-19 Relief in 2021: What Small Businesses Need to Know, February 2, 2021, Cy Alba , Nichole Atallah , and Kathryn Hickey. Read more here . LABOR & EMPLOYMENT 2021 Labor and Employment Spotlight: A List of Key Legal Updates for Employers, January 13, 2021, Nichole Atallah , Sara Nasseri , and Sarah Nash Undeniably, 2020 was . . . Read More
The End of An Area: Planning Now for Potential Loss of HUBZone Status
2021 is an important year for the many HUBZone firms located in redesignated areas that will lose HUBZone status after 12/31/21. For these firms, the time is now to plan for maintaining HUBZone status in 2022 and beyond. Here’s what you need to know. If you are located in a redesignated area that loses HUBZone eligibility after this year, you could make plans this year to move your office to a new location that will still be HUBZone eligible after . . . Read More
DOJ Announces Nation’s First Settlement of Civil Case for PPP Loan Fraud
On January 12, 2021, the U.S. Department of Justice (DOJ) entered into a settlement with California-based SlideBelts, Inc. (SlideBelts) and its president and chief executive officer in what is advertised as the country’s first settlement in a civil case arising out of fraud in the Paycheck Protection Program (PPP) loan program initiated through the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This first-of-its-kind settlement is a reminder to small businesses that received PPP loans to take their representations and . . . Read More
The VA Issues Class Deviation: Important Changes Governing Limitations on Subcontracting Effective Immediately
On December 23, 2020, the Department of Veterans Affairs (VA) issued a class deviation to implement the Small Business Administration’s (SBA) formulation of the limitations on subcontracting (LOS) and nonmanufacturer rule (NMR) for all VA contracts awarded to small businesses or under SBA socioeconomic programs. SBA’s formulation is outlined in its May 31, 2016, final rule . The VA’s class deviation follows the release of a Civilian Agency Acquisition Council (CAAC) letter , which authorized civilian agencies to issue such class deviations to . . . Read More