BLOG: Creating a New Normal: 5 Steps for Employers Preparing a Returning Workforce in a COVID-19 Environment
As government authorities slowly begin the reopening process, employers are now preparing to reopen facilities and return employees to their worksites. Undoubtedly, with the COVID-19 pandemic still ongoing, a return to work certainly will not mean a return to how things used to be and employers will need to implement new processes and procedures to adequately prepare employees and comply with state and local requirements. This brief guide outlines various considerations employers will have to make to gradually and safely . . . Read More
COVID-19 Legislation: How Is It Impacting Federal Contractors? (Part 2)
Click here to view the recorded session. Nicole Mitchell, Mike Muscatello, and guest presenter, Cy Alba of Piliero Mazza, navigated the COVID-19 legislation relief programs in their two-part series. In the final webinar of our two-part series on this topic, this presentation covered Section 3610 of the CARES Act. Our experts explained how the provisions in the FAR may impact management decisions amid the pandemic, and held a Q&A session on best practices for accounting and billing treatment. From this presentation, . . . Read More
DOD Issues New CARES Act, Section 3610 Guidance
Guidance from the Department of Defense (DOD) has finally been issued related to Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which allowed for payments to federal contractors to keep non-working employees at the ready to return to work when required to do so. The new guidance can be found here . As we noted in a previous blog , the CARES Act allows contracting officers to pay contractors at the “minimum applicable billing rates” for any employees . . . Read More
CIO-SP4 For Government Contractors With Cy Alba
Cy Alba recently connected with ProposalHelper CEO Reena Bhatia for a town hall Q&A session on CIO-SP4, the multi-billion dollar contract vehicle that is sending ripples through the government contracting community. The town hall session covered: CIO-SP4 proposal strategies; protest risks given the time of award; and how the contract vehicle’s off-ramp provisions may be draconian.
SBA Issues Long-Awaited PPP Loan Forgiveness Application
SBA recently issued its 11-page Paycheck Protection Program Loan Forgiveness Application, linked here . The application walks borrowers through a step-by-step process to determine loan forgiveness amounts based upon the information the borrower enters. It is of note that the application does require borrowers to provide documentation to support the payroll and non-payroll costs paid using PPP Loan funds. This includes the following information to prove the funds were properly spent on covered liabilities incurred, or which became due, during the 8-week period following . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – May 15, 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 covid19@pilieromazza.com for immediate assistance. CLIENT ALERT: SBA, Treasury Issue New Guidance Concerning Good-Faith Certification on the Necessity of Loan Request, May 13, 2020, Cy Alba , Kathryn L. Hickey, and Jon Williams . [ Read More ] CLIENT ALERT: SBA Implements WOSB / EDWOSB Certification Requirement and Revises Economic Disadvantage Criteria for . . . Read More
BLOG: Judgment on the Pleadings: An Underutilized and Potentially Devastating Tool in the Litigator’s Pre-Trial Arsenal
Motions for judgment on the pleadings are an often misunderstood and underutilized tool in the litigator’s arsenal. A motion made under Federal Rule of Civil Procedure 12(c) (or a similar state rule of procedure where available) can be used to attack the sufficiency of an opponent’s pleadings and the viability of their underlying claims prior to trial. When prompted, most defense litigators will often identify pre-answer motions to dismiss or motions for summary judgment as the preferred pre-trial vehicles to . . . Read More
SBA, Treasury Issue New Guidance Concerning Good-Faith Certification on the Necessity of Their Loan Request
On May 13, 2020, the Small Business Administration (“SBA”) and Treasury Department (“Treasury”) released new guidance concerning good-faith certification for Paycheck Protection Program (“PPP”) loan requests. This new guidance clarifies that businesses seeking a PPP loan of less than $2 million will have made their request in good faith unless proven otherwise. SBA and Treasury released this guidance because they believe that borrowers within this safe harbor threshold do not have as much access to other sources of funds that larger loan . . . Read More
Social Engineering Fraud: 4 Steps Every Company Needs to Take Right Now
GovCon Co., a successful government contractor, receives an email from the billing or accounting representative of a trusted vendor, subcontractor, or teaming partner asking for payment of an outstanding invoice stating, “Please note our new bank account information in your system for any current and future wire transfers.” GovCon Co. wires the money to this trusted business partner, believing it has satisfied its payment obligations. A few weeks later, the business partner calls and asks why its latest invoice has . . . 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