False Claims Act Considerations for PPP Loan Forgiveness Applications

The Paycheck Protection Program (PPP) created through the Coronavirus Aid, Relief, and Economic Security (CARES) Act offered much-needed financial relief to businesses directly impacted by the COVID-19 pandemic. Through the program, eligible businesses could obtain a loan designed to keep employees on the company payroll, even when company revenues were impacted by stay-at-home and social distancing orders. And, in many cases, PPP loans are eligible for total forgiveness, saving companies from the additional financial burden of paying back an often . . . Read More

Important Considerations When Structuring M&A Transactions for Government Contractors: Post-Transaction Pitfalls—Part 3 of a 3-Part Series

M&A transactions involving government contractors are subject to a host of regulatory and industry-specific considerations. This blog series covers key concerns that can impact a deal. Parts 1 and 2 focus on common problems that arise before and during a transaction. They are available here and here . Below we drill down on post-transaction pitfalls in government contractor M&A transactions that can jeopardize the value of the target company. Security Clearances Many contracts require a company to maintain a facility security clearance. . . . Read More

PilieroMazza Summarizes SBA’s Final Rule on Mentor-Protégé Programs

Today, SBA issued its final rule making changes to its rules on joint ventures, the mentor protégé program, the Section 8(a) program, and much more.  In developing this final rule, SBA reviewed and considered the many comments it received, and PilieroMazza believes that the final rule makes many positive changes that will simplify its procedures for small businesses, particularly 8(a) program participants.  Below we summarize major changes in the final rule.  If you have questions concerning SBA’s final rule on its Mentor Protégé Programs, . . . Read More

SBA Adopts Critical Rule Change on Small Business Recertification: Tweaking Its “Technical Correction”

As we recently highlighted , on October 16, 2020, the U.S. Small Business Administration (SBA) enacted a final rule (Rule) that merges the 8(a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé Program and makes a number of other significant changes that impact the small business contracting community. One modifies SBA’s recertification rules and will directly affect a contractor’s ability to pursue options and orders set aside under pre-existing contracts. SBA’s regulations require a concern to recertify its small business size / socio-economic . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – October 15, 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 COVID-19 has left many companies to balance competing responsibilities. While the primary focus is on taking care of employees and ensuring business continuity, new challenges are arising in appropriately managing executive compensation. This webinar will focus on achieving business goals through attracting, incentivizing, and managing employees. [ Read More ] COVID-19 Client Resource Center: To access . . . Read More

8 Tips to Manage Risks in Healthcare Transactions

In a typical investment or acquisition, the buyer conducts due diligence of the target company. Due diligence involves extensive review of the target company’s history, finances, and operations, including its contracts, customer and supplier relationships, and employees, to understand the risks and opportunities associated with the investment or acquisition. Healthcare companies have their own unique requirements and structures, so a buyer’s due diligence must consider and thoroughly evaluate these additional factors to mitigate the buyer’s risk post-closing. Professional Corporations and . . . Read More

WOSB Certification Required Beginning October 15 – Are You Ready?

As a reminder, beginning on October 15, 2020, all women-owned small businesses (WOSBs) and economically disadvantaged women-owned small businesses (EDWOSBs) pursuing WOSB/EDWOSB set-asides, as well as solicitations with pools reserved for WOSBs/EDWOSBs, must be certified as a WOSB/EDWOSB, either by SBA or a third-party certifier.  The application for certification by SBA is free and may be completed at beta.certify.sba.gov .  Beginning October 15, if you have not completed the certification application, this will impact your ability to bid on WOSB/EDWOSB set-aside . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – October 9, 2020

If you have questions concerning the content below, please visit this link . 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 future of the Small Business Administration’s (SBA) small business programs. [ Read More ] WEBINAR: Revisiting Executive Compensation . . . Read More

DOL Publishes Guidance on Diversity Training Executive Order

On September 22, 2020, the Trump administration issued Executive Order 13950 (the Order) prohibiting workplace training that involves “sex stereotyping” or “scapegoating.”  The Order is applicable to federal employees, the military, and private entities that receive grants or federal government contracts. While there is much we do not know about the implications of the Order, this client alert examines the U.S. Department of Labor’s (DOL) limited guidance, issued yesterday, which sheds some light on the Order’s requirements and its implications . . . Read More