Certain SBA Loan Review Decisions Under Paycheck Protection Program Appealable

Millions of small businesses applied for and received loans under the Paycheck Protection Program (PPP), which was a temporary program established under the CARES Act enacted by Congress to provide relief to America’s small businesses due to the devastating effects of COVID-19.  But some businesses were denied loans and others are seeking forgiveness, only to find that they were deemed ineligible for full or partial forgiveness.  A new rule may provide small businesses with options to appeal these decisions. An . . . Read More

BLOG: 5 Tips for Employers Managing a Remote Workforce During COVID-19

The coronavirus pandemic forced many companies to transition to remote work environments with little, if any, notice. In the face of ongoing remote work, you should provide employees with clear guidance on expectations and obligations. For this reason, it is advisable to revisit your remote employment policies and agreements. The following is a list of best practices for employers managing a remote workforce. Define the Employment Relationship Defining the terms of an employment relationship is necessary to protect employees, assure . . . Read More

BLOG: When FAR Procurements Combine, Is a Debriefing Required?

PilieroMazza attorneys are frequently contacted by government contractors soon after they learn that their proposal was not selected for award, with the contractor considering whether or not to file a bid protest. If the contractor wants to pursue its post-award protest before the Government Accountability Office (GAO), an important question that needs to be answered is whether a debriefing is required? Determining whether a debriefing is required is imperative to determining whether or not the contractor can rely upon the . . . Read More

DOD Receives Section 889 Waiver from Director of National Intelligence

On August 12, 2020, Director of National Intelligence John Ratcliffe issued a memorandum to the Department of Defense (DOD) that waives DOD’s requirements under Section 889 of the National Defense Authorization Act for Fiscal Year 2019. The Federal Register published an interim rule on July 14, 2020, that implemented Section 889, which prohibits agencies from procuring telecommunications equipment and services from Huawei Technologies Company, Hangzhou Hikvision Digital Technology Company, Hytera Communications Company, Dahua Technology Company, and ZTE Corporation. The DOD originally released a . . . Read More

Prohibitions on Use of Some Chinese Telecommunications Equipment by Government Contractors Effective August 13, 2020

Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019—prohibiting government agencies and government contractors they work with from using certain covered telecommunications equipment or services from China—goes into effect on August 13, 2020. The FAR Council issued an interim rule implementing Section 889(a)(1)(B) by making a number of changes to 48 CFR Parts 1, 4, 13, 39, and 52. While the interim rule will be effective as of August 13, comments to the . . . Read More

BLOG: 10 Questions to Ask for a Successful Government Contracts Novation

Government contractor acquisitions present unique regulatory hurdles, and one major challenge is the preparation, submission, and execution of a novation package with the U.S. government. While the novation package itself is a hurdle, there are additional factors that impact its success. Below are ten questions government contractors should ask, which can spell the difference between a successful and unsuccessful novation. Novation Package Documentation Novation is required for the transfer or assignment of a federal government contract from one entity to . . . Read More

BLOG: Stockholders and Board Directors: Overview of COVID-Related Changes to Title 8 of Delaware General Corporation Law

On July 16, 2020, Governor John Carney of Delaware signed into law House Bill 341 to amend Title 8 of the Delaware General Corporation Law (DGCL) which, among other things, (1) solidifies a pandemic as an emergency situation, (2) expands the special powers of stockholders and directors during such emergency conditions, and (3) allows for the option to use electronic transmission documentation and electronic signatures for the execution of documents (previously limited to hardcopy and manual execution only).  While DGCL § 110(a) already . . . Read More

ANNOUNCEMENT: PilieroMazza Unveils New Website and Logo Rebrand

WASHINGTON, DC: August 10, 2020—Today, PilieroMazza PLLC—a business law firm serving the legal needs of government contractors and commercial businesses—is proud to unveil the Firm’s new website ( www.pilieromazza.com ) and logo rebrand.  Commenting on the launch, PilieroMazza’s Managing Partner Pam Mazza , said: “‘Practicing What Matters,’ the Firm’s new tagline, emphasizes the interconnectedness of our clients with our attorneys, practice groups, and industry teams, and the seamless way we find creative, efficient, and winning solutions for our clients.”  The new look, which . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – August 7, 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. NEWS: Matt Feinberg Talks to Law360 on Litigation Funding Companies’ Interest in Funding FCA Cases, July 28, 2020. [ Read More ] LABOR & EMPLOYMENT DOL Releases Fluctuating Workweek Fact Sheet The Department of Labor (DOL) released a new fact sheet with guidance on calculating overtime . . . Read More

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