SBA Implements WOSB / EDWOSB Certification Requirement and Revises Economic Disadvantage Criteria for 8(a) Eligibility, Including Treatment of Retirement Accounts
Just under one year ago, we wrote about the Small Business Administration’s (SBA) proposed rule regarding implementing a certification requirement for Women-Owned Small Businesses (WOSBs) / Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs) and revised economic disadvantage criteria for 8(a) eligibility. SBA’s final rule was recently published, implementing just that. The rule will impact businesses seeking to compete for government contracts under the WOSB and 8(a) Business Development programs. WOSB / EDWOSB Certification Effective October 15, 2020, WOSB / EDWOSBs will be required to be . . . Read More
SBA Implements WOSB / EDWOSB Certification Requirement and Revises Economic Disadvantage Criteria for 8(a) Eligibility, Including Treatment of Retirement Accounts
Just under one year ago, we wrote about the Small Business Administration’s (SBA) proposed rule regarding implementing a certification requirement for Women-Owned Small Businesses (WOSBs) / Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs) and revised economic disadvantage criteria for 8(a) eligibility. SBA’s final rule was recently published, implementing just that. The rule will impact businesses seeking to compete for government contracts under the WOSB and 8(a) Business Development programs. WOSB / EDWOSB Certification Effective October 15, 2020, WOSB / EDWOSBs will be required to be . . . Read More
House Introduces Legislation To Modify Existing PPP Regulations
On May 11, 2020, Congressmen Chip Roy and Dean Phillips introduced the Paycheck Protection Flexibility Act, new legislation meant to provide additional assistance to businesses impacted the coronavirus pandemic. This bill would make major adjustments to the current Paycheck Protection Program (PPP) should it become law. Some of the notable changes the bill would make to the PPP program include: clarifying that companies can spend the PPP loan funds past the initial 8-week period and still be eligible for forgiveness; . . . Read More
BLOG: JEDI Update: AWS Files Agency-Level Protest with Pentagon
The ongoing public feud between Microsoft and Amazon Web Services (“AWS”) over the Department of Defense’s (“DOD”) Joint Enterprise Defense Infrastructure (“JEDI”) Cloud contract saw three major developments over the last thirty (30) days. This blog provides an update on the JEDI protest, which has potential implications for the government contracting community. On April 13, 2020, the Pentagon’s watchdog, Office of Inspector General (“OIG”), released a 313-page report on several controversies surrounding the $10 billion JEDI procurement, including allegations of . . . Read More
House Introduces New Legislation Allowing Startups To Access PPP Funding
On May 8, 2020, Congresswomen Anna Enshoo and Cathy McMorris introduced the Caring for Startup Employees Act of 2020 , a bipartisan piece of legislation aimed at granting more economic assistance to startup companies through the Paycheck Protection Program (PPP). Should this bill become law, it would dramatically increase the number of companies eligible for PPP loans. Under current Small Business Administration (SBA) guidance and regulations—specifically the agency’s “affiliation rules”—many startups are unable to receive PPP funds because they do not have a majority shareholder. The Caring for . . . Read More
BLOG: EEOC Delays Collection of EEO-1 Data Due to COVID-19
In light of the public health emergency caused by COVID-19, the Equal Employment Opportunity Commission (EEOC) announced that it will delay collection of EEO-1 Component 1 data until March 2021. Under federal law, businesses with at least 100 employees and federal contractors with at least 50 employees and a federal contract of $50,000 or more generally must file an EEO-1 form each year. This development gives government contractors a one-year extension to file their 2019 Component 1 data. Many employers . . . Read More
PilieroMazza Adds Attorneys to List of Super Lawyers®
PilieroMazza is pleased to announce that Kathryn Hickey, Lauren Brier , and Sara Nasseri are now among the Firm’s 13 attorneys distinguished with a listing in the 2020 edition of Super Lawyers® . Attorneys from PilieroMazza’s four core practice areas—including Government Contracts , Business & Transactions , Labor & Employment , and Litigation & Dispute Resolution —are represented in this year’s list. Super Lawyer® Kathryn Hickey is a partner and the chair of PilieroMazza’s Business & Transactions Group, where she counsels commercial businesses and government contractors in matters involving general business concerns, including mergers and acquisitions, venture capital investments, . . . Read More
New Senate Bill Could Make PPP Expenses Tax Deductible
On May 6, 2020, members of the Senate Finance Committee introduced the Small Business Expenses Protection Act of 2020 (“the Act”), legislation that would allow some small businesses to deduct from their taxes expenses paid with their forgiven Paycheck Protection Program (“PPP”) loan. Should this bill become law, it would greatly modify current regulations surrounding tax-deductible expenses for small businesses. On April 30, 2020, the Internal Revenue Service (“IRS”) issued a notice stating that no tax deduction is allowed for an expense that results in PPP loan forgiveness. . . . Read More
Jonathan Pomerance Comments on Defense Production Act and Meat Plant Production During COVID-19
The timing and substance of the next COVID-19 relief bill may hinge on the issue of liability. . . . The liability issue gathered steam with comments made by President Donald Trump before he signed an Executive Order designed to keep meat and poultry plants operating. Trump said the E.O. would “solve any liability problems” those companies are facing. Issued using the authority of the Defense Production Act, the E.O. “clarifies which safety standards companies must follow — those found in the joint . . . Read More
BLOG: FAR Council Rulemaking Error Requires GSA Contractors to Qualify As Small at Time of Award for Certain Orders
As we recently wrote , the FAR Council published a final rule (Rule) on February 27, 2020 that amends the Federal Acquisition Regulation (FAR) to capture regulatory changes made by the Small Business Administration (SBA) in 2013, including those pertaining to size representation/certification. However, in drafting the Rule, the FAR Council made a critical change that not only deviate from SBA regulations, but also run counter to everything we know about when the size status of a contractor is determined. All small . . . Read More