Is Your Arbitration Clause Leaving You Exposed?: 3 Ways to Protect Yourself
Arbitration clauses are included in many commercial contracts, particularly in government subcontracts. We often see arbitration clauses as tools to limit the parties’ exposure to protracted litigation if a dispute arises under the contract. Maryland, among many other state and federal courts, has an extremely strong public policy of favoring the enforcement of arbitration agreements. The Maryland Court of Appeals has explained that the “public policy favoring such agreements is understandable, as arbitration agreements are generally a less expensive and . . . Read More
SBA Issues Guidance for PPP Lenders on Required Consents for Change in Ownership of PPP Borrowers
On Friday, October 2, the U.S. Small Business Administration (SBA) issued guidance for lenders administering loans under the Paycheck Protection Program (PPP) regarding what involvement by the SBA (if any) is required when a PPP borrower undergoes a transaction resulting in a change in ownership. This guidance addresses several questions with which PPP borrowers and lenders have been struggling over the past several weeks and provides clarity around what the expectations are for when SBA consent is required and what . . . Read More
PilieroMazza Sponsors Housing and Services for Adults with Mental Illness
PilieroMazza is a proud sponsor of Pathway Homes ’ 40th Anniversary Virtual Breakfast Celebration. “The Pathway Homes’ mission is invaluable to our community,” said Senior Partner Tony Franco . “As part of our ongoing Corporate Social Responsibility program, we are grateful to have an opportunity to recognize their years of work on behalf of an underserved population.” Pathway Homes is a 501(c)(3) charitable organization providing non-time-limited housing and supportive services to more than 600 adults with serious mental illness and other co-occurring disabilities in Northern Virginia. Their recovery-based . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – September 29, 2020
If you have questions concerning the content below, please visit this link . WEBINAR: Revisiting Executive Compensation and Employee Incentive Plans, October 20, 2020, Nichole Atallah and Kathryn Hickey. [ Read More ] WEBINAR: SBA in FY21: What’s Ahead for the Small Business Programs, October 14, 2020 PilieroMazza is a proud sponsor of the Small and Emerging Contractors Advisory Forum (SECAF), and PilieroMazza Partner Jon Williams is the Co-Chair of SECAF’s Planning Committee. On October 14, 2020, SECAF will be hosting a panel discussion focused on the . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – September 23, 2020
If you have questions concerning the content below, please visit this link . WEBINAR: Build a Competitive B2G Marketing Strategy with Available Market Research, September 30, 2020 PilieroMazza has 5 tickets available for the Howard County Chamber GovConnect’s webinar at 8:30 AM ET on September 30, 2020. Read more here . Contact [email protected] for ticket availability. WEBINAR: SBA in FY21: What’s Ahead for the Small Business Programs, October 14, 2020 PilieroMazza is a proud sponsor of the Small and Emerging Contractors Advisory Forum (SECAF), and partner Jon Williams . . . Read More
SBA in FY21: What’s Ahead for the Small Business Programs
PilieroMazza is a proud sponsor of the Small and Emerging Contractors Advisory Forum (SECAF), and partner Jon Williams is the Co-Chair of SECAF’s Planning Committee. On October 14th, SECAF will be hosting a panel discussion focused on the Small Business Administration (SBA) that may be of interest to many of our clients. Titled “SBA in FY21: What’s Ahead for the Small Business Programs,” the webinar will feature two panelists from SBA, Barbara Carson, SBA’s Deputy Associate Administrator for the Office of Government . . . Read More
BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: OCI, Reps and Warranties, and Assignment of Receivables Part 2 of a 3-Part Series
Our three-part series on government contractor M&A transactions provides an overview of key regulatory and industry-specific considerations that can impact all aspects of a deal. Part 1 is available here . It covers pre-transaction novation and affiliation issues. In Part 2, we move onto the transaction itself, diving into the potential for organizational conflicts of interest (OCI), regulatory compliance concerns, and the assignment of receivable rights. If ignored, these can impede the achievement of business objectives and lower the value of . . . Read More
BLOG: 5 Things to Know When Protesting an Award
The end-of-fiscal-year spending spike has federal agencies issuing more notices of award, leaving many disappointed offerors keen to file protests. Post-award protests are subject to strict timelines, so you need a plan if you receive an unfavorable notice of award. Below are 5 key things government contractors need to know when protesting an award. Ask yourself whether you have grounds to file a size protest or a bid protest. Generally, the strongest protest grounds pertain to: evaluation that is inconsistent . . . Read More
CCPA Regulations Approved: Companies Risk Penalties for Noncompliance
Effective immediately, the California Office of Administrative Law (OAL) approved final regulations for the California Consumer Privacy Act (CCPA) on August 14, 2020. The final text of the regulations is available here . The CCPA grants California consumers robust data privacy rights and control over their personal information. Companies that do business with California consumers now risk penalties for noncompliance. Further, on August 30, 2020, the California legislature passed Assembly Bill 1281 , extending the CCPA’s employee exemption and the CCPA’s business-to-business exemption by . . . Read More
OFCCP Audits Are Coming: 6 Tips to Help You Prepare
The Office of Federal Contract Compliance Programs (OFCCP) just released its FY 2020 lists of Supply & Service and Construction contractors the agency expects to audit (see FY 2020 CSAL Supply & Service and FY 2020 CSAL Construction ). With enforcement a primary goal of OFCCP, preparing for an audit is key. If your company is on the list, PilieroMazza’s Labor & Employment team suggests you follow these 6 tips to properly prepare for an OFCCP audit to avoid potential penalties and possible loss of your government contract. Also, join . . . Read More