Planet Fitness Ellicott City to Host Grand Opening, Oct. 26 with Ravens Guard Kevin Zeitler and Terps Men’s Basketball Players, Donta Scott and Fatts Russell
TIMONIUM, Md. (Oct. 15, 2021) – Planet Fitness – one of the nation’s largest and fastest-growing franchisors and operators of fitness centers with more members than any other fitness brand – will celebrate the grand opening of its Ellicott Cityclub (Normandy Shopping Center - 8450 Baltimore National Pike Ste 175, Ellicott City, MD 21043), Tuesday, Oct. 26, from 5 to 7 p.m. Free and open to the community, the festivities will include the following:Autographs & photo ops with Ravens Guard Kevin Zeitler and
Ellicott City Family Event Supports Seniors
Ellicott City, MD, Oct. 11 – On Sunday, Oct. 24 from noon to 4 p.m. Lutheran Village at Miller’s Grant is offering Miller’s Grant Mission Miles – a family fun walk. The event generates an annual income that directly supports the community’s Ministry of Caring fund, which enables residents to remain at LVMG if they have outlived their financial resources, so they can continue receiving ongoing care and the best possible quality of life. The almost two-mile event, which includes the grounds of LVMG, Howard
What Does Bill Cosby’s Overturned Conviction Mean for Your Fifth Amendment Rights Against Self-Incrimination?
The Supreme Court of Pennsylvania recently overturned Bill Cosby’s 2018 conviction for crimes of sexual assault. Most have focused on the justness of this outcome. But the court’s 79-page opinion also has implications for how witnesses in civil cases navigate the potential risk of self-incrimination—including witnesses testifying on behalf of a corporation as a corporate designee under Federal Rule of Civil Procedure 30(b)(6). As we discussed in our blog on invoking the Fifth Amendment in a civil
DOD Cancels $10 Billion JEDI Contract, Takes New Direction on Cloud Procurement
On July 6, 2021, the Department of Defense (DOD) canceled its $10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud procurement, close to two years after issuing the award to Microsoft and merely two months after the U.S. Court of Federal Claims issued a sealed decision denying the Department of Justice’s and Microsoft’s motions to dismiss Amazon Web Services’ (Amazon) bid protest challenging the award. This end to the JEDI saga will likely shape the decisions of other agencies as they approach
OFCCP Audits Are Coming: 7 Tips to Help You Prepare
The Office of Federal Contract Compliance Programs (OFCCP) just released its FY 2021 list of Supply & Service contractors it expects to audit (see FY 2021 CSAL Supply & Service). With enforcement a primary goal of OFCCP, preparing for an audit is key. If your company is on the list, PilieroMazza’s Labor & Employment Group suggests you follow these 7 tips to properly prepare for an OFCCP audit to avoid potential penalties and possible loss of your government contract.Get your paperwork in order and
Alaska Native Corporations Now Eligible for CARES Act Funds Following Supreme Court Decision
On June 25, 2021, the Supreme Court ruled in a 6–3 decision, in Yellen v. Confederated Tribes of the Chehalis Reservation, that Alaska Native Corporations (ANCs) are “Indian tribes,” as defined by the Indian Self-Determination and Education Assistance Act (ISDA). In accordance with the ruling, ANCs are thus entitled to some of the $8 billion allocated to “Tribal governments” by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in the wake of the coronavirus pandemic (COVID-19). The
Has Your Claim Been Flagged for Fraud? How It Impacts Your Ability to Appeal Before the Civilian Board of Contract Appeals
A recent decision[1] from the Civilian Board of Contract Appeals (CBCA) in the appeal of Widescope Consulting and Contracting Services sheds some light on the issue of whether the CBCA lacks jurisdiction over an appeal of a claim that a contracting officer has flagged for suspected fraud. Based on the Widescope decision, if a contracting officer merely suspects fraud and claims they have been divested of the authority to issue a decision on a claim, contractors will have the right to request a final
DOL/OSHA Implements COVID-Related Employee Safety Standards for Healthcare Employers
Building on President Biden’s Executive Order on Protective Worker Health and Safety issued on January 21, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) aimed at workers in healthcare settings. Specifically, the ETS, issued on June 10, 2021, requires certain healthcare employers to take measures to protect their workers in settings where suspected or confirmed COVID-19 patients are treated. This includes employees in
New CIO-SP4 Modification – An Undue Restriction on Competition and a Violation of SBA Regulations?
On June 22, 2021, the National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) issued its third modification to the Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Request for Proposals (RFP). Among other things, NITAAC made significant changes to how subcontractors and mentors in Small Business Administration (SBA) approved mentor-protégé programs are treated for purposes of the evaluation. The RFP appears to disallow the use of any subcontractor
DOD, GSA, and NASA Issue Proposed Rule to Update the HUBZone Program in the FAR
The Small Business Administration (SBA) updated its Historically Underutilized Business (HUBZone) program in a final rule issued on November 26, 2019, at 84 FR 65,222. The Department of Defense, General Services Administration, and the National Aeronautics and Space Administration have issued a proposed rule seeking to amend the Federal Acquisition Regulation (FAR) to correspond with the updates made by the SBA. The proposed changes to the FAR include: updating the small business concern definition,
PilieroMazza Partner Jon Williams to Testify at Congressional Hearing on CMMC
PilieroMazza is pleased to announce that Jon Williams, a Partner on the Firm’s Cybersecurity & Data Privacy Team and Chair of the Government Contracts Group, will testify at a hearing on June 24, 2021, at 10:00 AM ET before the Congressional Committee on Small Business Subcommittee on Oversight, Investigations, and Regulations. The hearing—which focuses on matters concerning Cybersecurity Maturity Model Certification (CMMC)—is entitled “CMMC Implementation: What It Means for Small Businesses.” A livestream
Biden Announces 50 Percent Increase in Small Disadvantaged Business Contracting Goals: Key Details for Government Contractors
On June 1, 2021, President Biden marked the 100-year anniversary of the Tulsa Race Massacre by announcing the Biden-Harris Administration’s plan to increase small disadvantaged business (SDB) contracting goals by fifty percent. The White House also released new information regarding President Biden’s American Jobs Plan. Below are key details on the new SDB contracting goals for government contractors. Biden’s announcement launched an all-of-government effort to expand contracting opportunities for
Partner Todd M. Reinecker Joins PilieroMazza’s Growing Litigation Team
PilieroMazza is pleased to announce that Todd M. Reinecker joined the Firm as a Partner in its growing Litigation & Dispute Resolution Group. “Todd’s impressive trial record and the diversity of his litigation practice make him a key asset of our expanding team,” said Matt Feinberg, Chair of the Group. “Clients will benefit from his wealth of experience and practical, comprehensive approach to litigation and to helping clients avoid litigation where possible.” Commenting on his transition to
Northrop Realty Continues Expansion with New Office & Community Center in Quarry Lake
The newly merged Singer Black Frankle Sacks will anchor Northrop Realty’s newest location at Quarry Lake CLARKSVILLE, Md.— Northrop Realty, A Long & Foster Company, announced the opening of its new location at Quarry Lake in Baltimore County. Last month, Northrop Realty opened its Bethany Beach coastal headquarters and an office in Millsboro, Delaware, allowing the brokerage to grow by 50 real estate agents between the three new offices. “Even before this recent market surge, we were experiencing
DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know
As we previously reported, Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (2018 NDAA) required the Department of Defense (DOD) to issue new regulations to establish more detailed and comprehensive post-award debriefing rights. In March 2018, DOD issued a class deviation to implement some, but not all, of the rights required by the 2018 NDAA. On May 20, 2021, DOD published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement to make permanent
PHOENIX PHYSICAL THERAPY EXPANDS WITH NEW CLINIC IN ELLICOTT CITY
MARRIOTTSVILLE, M.D., Jun. 2, 2021 — Phoenix Physical Therapy (“Phoenix”) has opened its Ellicott City clinic in Marriottsville, MD, offering patients a convenient location for physical therapy. The clinic is conveniently located just north of I-70 off Marriottsville Road. The Ellicott City team provides personalized physical therapy care services to treat orthopedic conditions, pre-and post-surgical rehabilitation and work injuries. This clinic is led by clinic director and local resident Amanda
SBA Proposes to Increase Small Business Eligibility for Loan Programs Through Size Standard Revisions
On May 25, 2021, the Small Business Administration (SBA) issued a proposed rule that would increase size standards for 49 industries in the Wholesale Trade (Sector 42) and Retail Trade (Sectors 44-45) sectors. The North American Industry Classification System (NAICS) codes under these sectors are not used to classify government acquisitions for supplies. Instead, procurements for supplies are classified under a manufacturing or supply NAICS code. Therefore, SBA estimates that this rule would not have any
Ratification of Defective Corporate Actions Under the Virginia Stock Corporation Act
In 2019, the Commonwealth of Virginia adopted a variety of amendments to the Virginia Stock Corporation Act (VSCA). While many of those amendments are already effective, some of the amendments will go into effect on July 1, 2021, including those addressing how a corporation may ratify defective corporation actions. These new provisions provide corporations with vital tools to ensure that actions taken by the corporation, which might otherwise be found to be void or voidable under Virginia law, are valid
Operating Agreement Drafting Considerations: Removal of a Member
When establishing a multi-member limited liability company, it is important to plan for the worst. It may seem cynical to think about the end before the beginning, but every company has a half-life. And while relationships at the outset of any venture are typically strong, it often becomes necessary to remove or dissociate a member who is negatively impacting those relationships—or even the business. If no protection is built into the organizational documents, the members’ recourse is limited to
Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 3 of 3)
This is the final part of our three-part series on revenue clawbacks. The scenario: a customer or teaming partner goes bankrupt and then they (or a trustee) demand you return money they already paid you for services or goods duly rendered. In the first entry, we discussed the definition of preferences and the policy purpose of preference actions. In the second, we identified five specific actionable items to take to limit your exposure to them. In this finale to the series, we discuss critical steps that
Restaurants are Prime Targets for FLSA Lawsuits: 6 Tips for Employers Relying on the Tip Credit
The COVID-19 pandemic has been particularly difficult for the food and beverage industry. With stay-at-home orders, operational capacity restrictions, and indoor dining limitations imposed on restaurants and bars across most of the country throughout 2020 and into 2021, the impact has been significant. The hospitality industry lost hundreds of billions of dollars in anticipated revenues; beloved local eateries closed their doors temporarily or permanently; and millions of restaurant workers lost their
SBA Extends the HUBZone Map Freeze to June 30, 2023
Today, the Small Business Administration (SBA) issued a direct final rule extending the HUBZone map freeze from December 31, 2021, to June 30, 2023. The direct final rule (available here) takes effect on June 21, 2021. This is the latest in a series of developments for the HUBZone Program in 2021; read PilieroMazza’s previous coverage on the developments impacting the HUBZone Program here and here. Several years ago, SBA froze the HUBZone maps until December 31, 2021, to ensure that firms would have
COFC Denies DOJ/Microsoft Motion to Dismiss Amazon JEDI Protest
On April 28, 2021, the U.S. Court of Federal Claims issued a sealed decision denying the Department of Justice’s (DOJ) and Microsoft’s motions to dismiss Amazon Web Services’ (Amazon) bid protest of the Pentagon’s $10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud contract. Amazon claims repeated prejudicial errors against Amazon Web Services due to influence from then-President Donald Trump and other high-level government officials aiming to harm Amazon. DOJ and Microsoft failed to
A Decision Right Up an Employee’s Alley: Recent Virginia Federal Court Opinion Weakens Protections for Companies Utilizing Consultants and Independent Contractors
Government contractors and commercial businesses alike frequently retain consultants and independent contractors to perform certain types of work, particularly in the construction, healthcare, and information technology industries. This is so because utilizing independent contractors, as opposed to employees, can offer some attractive benefits to companies. For instance, utilizing independent contractors may reduce company overhead, general and administrative, and fringe benefit expenses; it may allow for
Kevin Barnett and Eric Valle Join PilieroMazza’s Expanding Government Contracts Team
PilieroMazza is excited to announce the latest additions to the Firm’s growing Government Contracts Team, new Counsel Kevin Barnett and Associate Eric Valle. Chair of the Group, Jon Williams, remarked: “We welcome Kevin and Eric into our ranks and look forward to them being invaluable resources for our clients in the federal procurement space.” Kevin advises clients in all aspects of government contracts law, including preparing, negotiating, and prosecuting claims, requests for equitable adjustment,
GAO Holds Solicitation Requirement Violates SBA’s Regulations Regarding Small Business Mentor-Protégé Joint Ventures
In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation, as the solicitation impermissibly required that a protégé and mentor in a joint venture have the same level of experience as other offerors. This is an important decision for companies that are parties to a joint venture, and a reminder to carefully review a solicitation’s requirements before submitting a proposal. As relevant background, the Small Business Administration
Biden Signs EO to Increase Federal Contractor Minimum Wage Rate to $15.00 an Hour
Yesterday, President Biden signed an executive order (Biden Order) that will increase the applicable minimum wage rate to be paid to workers performing work on or in connection with federal contracts from $10.95 to $15.00 per hour beginning January 1, 2022. As early as his second day in office, President Biden committed to modifying an Obama-era executive order to get one step closer to a national minimum wage increase of the same magnitude. Below are key details on the applicability of the Biden Order
Return to Work: Employer-Mandated COVID Vaccination Policies and Accommodating Employee Disabilities and Religious Beliefs
With over 50% of the adult population in the United States having received at least one dose of a vaccine to combat the novel coronavirus (COVID), many businesses and employers are looking forward to a “return to normal” and their employees coming back to the workplace. One common consideration is whether an employer should implement mandatory COVID vaccination requirements as part of their return-to-work policies. Employers must be mindful of ensuring that their return-to-work policies, including any
10 Questions to Ask for a Successful Government Contractor Change of Name Submission
Government contractor name changes, whether through a standard name change or through a restructuring, present unique regulatory hurdles. One such challenge is the preparation, submission, and execution of a change of name package with the U.S. government. While the change of name package itself is a hurdle, there are additional factors that impact its success. Below are ten questions government contractors should ask, which can make the difference between a successful or unsuccessful change of
Rescue Plan Update: The State of FFCRA and Other State COVID-19 Paid Leave
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARPA) into law, providing an estimated $1.9 trillion in stimulus to aid in the COVID-19 pandemic. Among the various relief provisions are updates to the Families First Coronavirus Response Act (FFCRA) paid leave requirements. While there is no mandate for employers to continue providing FFCRA leave, an employer who chooses to do so can still take the associated tax credits for an additional period of time, subject to certain
SBA Pivots to Say HUBZone Firms in Redesignated QDA Cannot Maintain 10-Year Principal Office Eligibility Through Long-Term Investment
In January, we issued a client alert discussing how HUBZone firms in redesignated areas could plan to maintain their HUBZone status after the end of 2021. One of the primary strategies we discussed in the client alert was based on Small Business Administration (SBA) guidance about long-term investments in qualified disaster areas (QDAs). At the time, based on SBA guidance, we understood that HUBZone firms located in redesignated areas could qualify their current HUBZone principal office location as HUBZone
PilieroMazza Founding Partner Pam Mazza Inducted Into WIPP 2021 Legacy Circle
PilieroMazza is pleased to announce that the Firm’s Founding Partner Pam Mazza is an inductee into the inaugural Women Impacting Public Policy (WIPP) Legacy Circle recognizing past leaders who worked tirelessly towards the organization’s success. In response to receiving this distinction, Pam stated, “I’m of course honored to be named an inductee and am proud to be in the company of such accomplished women. For many years, I worked alongside a group of remarkable women who helped advance WIPP’s mission to
PilieroMazza Earns #1 Spot for Government Contracts Thought Leadership on JD Supra
PilieroMazza attorneys and their thought leadership have taken the #1 government contracting position—for a fourth consecutive year—in JD Supra’s Readers Choice Awards. Cy Alba and Nichole Atallah, partners in PilieroMazza’s Government Contracts and Labor & Employment for Government Contractors practice groups, respectively, were recognized as the Firm’s leading authors, earning a place among JD Supra’s top 10 authors in government contracting. “This is a great achievement for Cy, Nichole, and
Whistleblower Retaliation Liability Under the False Claims Act for PPP Loan Recipients
Earlier this year, my colleague, Matt Feinberg, and I reviewed the False Claims Act (FCA) statistics for 2020. We forecasted that the Paycheck Protection Program (PPP) and other small business loan programs initiated through the Coronavirus Aid, Relief, and Economic Security (CARES) Act would generate a surge in new FCA matter reporting. This month, a former employee of a government contracting firm filed a complaint against the firm under the federal FCA anti-retaliation clause and Florida state
5 Fundamentals of the Corporate Transparency Act: Impacts on Small Businesses
On January 1, 2021, Congress enacted the 2021 National Defense Authorization Act. In an effort to strengthen the fight against money laundering and the funding of terrorist activities, it included broad amendments to the U.S. Anti-Money Laundering Act, the most significant of which was the Corporate Transparency Act (CTA). The CTA will greatly impact the way businesses are formed and how they operate, and it will require regular reporting practices that businesses need to prepare for before the CTA takes
Keeping Your PPP from Turning into FCA
Last month, I had the privilege of being a panelist during the Federal Bar Association’s 2021 Qui Tam Conference. Referred to as “the Oscars for False Claims Act nerds,” this year’s conference included such speakers as Senator Chuck Grassley and focused on the False Claims Act (FCA) in times of crisis. The panel I spoke on, titled “Civil Fraud Issues Arising from SBA’s CARES Act Programs,” covered the Small Business Administration’s (SBA) Paycheck Protection Program (PPP), FCA liability risks small
PPP Eligibility Increases Under American Rescue Plan Act, but Deadline to Apply Remains March 31
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (Act). The Act allotted an additional $7.25 billion in Paycheck Protection Program (PPP) funding for small businesses. Moreover, nonprofit entities and digital media companies are now allowed to receive funding. Below are key PPP eligibility updates made under the Act and details on the borrower application deadline. Under the Act, eligible nonprofits now include those employing 500 or fewer employees per physical location (300
PilieroMazza Litigators Win Dismissal for Defense Industry Government Contractor in Employment Litigation Case
ALEXANDRIA, VA, MARCH 16, 2021: PilieroMazza is pleased to announce the Firm obtained a full dismissal, with prejudice, of an employment and security clearance litigation in the U.S. District Court for the Eastern District of Virginia on behalf of a government contractor in the defense industry. “This victory highlights the collaborative nature of our practice,” said Matt Feinberg, Chair of PilieroMazza’s Litigation & Dispute Resolution Group and lead counsel on the client’s litigation. “Our
Facilities Management Companies' Essential Role in Returning to a Safe Work Environment
As we slowly return to offices, schools, and other in-person environments, facilities management companies will be essential to returning to a safe environment. The legal team at PilieroMazza expects that in the coming months, your company may need to increase staff to meet the demand of new business opportunities. With this in mind, below are links to valuable content concerning labor and employment law that may impact you and your workforce in 2021 and beyond. We also invite you to subscribe to
Do Corporations Have Fifth Amendment Rights Against Self-Incrimination? The Corporate Designee’s Rights in a FRCP 30(b)(6) Deposition
Anyone who has watched a courtroom television drama is aware of their Fifth Amendment privilege against self-incrimination. But “pleading the Fifth” is not something a witness can invoke blanketly to avoid answering questions, especially where a witness is testifying on behalf of a corporation as a corporate designee under Federal Rule of Civil Procedure 30(b)(6). In those circumstances, knowing your available options when preparing a corporate designee witness is key to managing any risks of potential
PilieroMazza’s M&A Team Advises Senture in Its Sale to Kingswood Capital
LONDON, KY, MARCH 3, 2021: PilieroMazza is pleased to announce the successful sale of our client Senture, LLC—a leader in large-scale, complex, multi-channel contact center and knowledge management solutions for commercial clients, government agencies, and systems integrators—to private equity group Kingswood Capital Management. Senture’s combination of flexible technology, proprietary training, dedicated staff, and speedy response to the COVID-19 pandemic enabled it to further accelerate its significant
Changes to Pay Equity Law Are Coming: It’s Time to Consider Auditing Your Pay Practices
Amidst all of the promises and actions taken by the Biden Administration, the topic of pay equity is gaining more and more attention. While there has been growing momentum on the issue for years now, the Biden Administration is making it clear that that momentum will materialize into actual changes in the law on the federal front. As such, it is critical that commercial businesses and federal contractors take proactive measures now, including conducting proactive pay analyses with legal counsel, in an
COVID-Related Construction Claims: 4 Key Strategies for Recovery
The construction industry has seen increased costs and contract performance concerns resulting from the impacts of COVID-19. For construction firms contracting with the government, it is critical to understand how to posiiton the firm to recover increased costs. Following are four key recovery strategies to better prepare you before filing a claim or request for equitable adjustment (REA).1. Understand How Contract Provisions Help Carefully examine the contract to identify provisions that may excuse
ANNOUNCEMENT: Michael Thurmond Joins PilieroMazza’s Business & Transactions Group
PilieroMazza is pleased to announce that Michael Thurmond has joined the Firm as an Associate in its Business & Transactions Group. He supports clients in mergers and acquisitions and private equity transactions. “Michael’s understanding of business priorities in M&A and 360-degree approach to private equity deals are a perfect fit for our team—and our clients,” said Kathryn Hickey, Practice Group Chair for the Business & Transactions Group. Michael conducts all phases of due diligence investigations,
Government Purpose Rights in Technical Data and Software Developed with DOD Funding
When you develop technical data or software, in whole or in part, with government funding, it is important to know the scope of data rights that the government will obtain at the outset, both with respect to components that were developed solely at private expense and those that were developed with government funding. However, because technical data and software are often developed with multiple funding sources and are continually updated and improved, it can be difficult to determine these data
SBA Takes Steps to Address PPP Validation Error Problems
On February 10, 2021, the Small Business Administration (SBA) announced new policy changes to the Paycheck Protection Program (PPP) meant to address an ongoing issue loan applicants face regarding validation error codes. These error codes serve as validation checks to combat fraud and prevent improper loans from being issued to ineligible businesses. However, many eligible businesses have received such error codes during the application and forgiveness process, delaying necessary economic relief. SBA’s
The First 100 Days: President Biden’s Buy American Executive Order, What Government Contractors Need to Know
President Biden signed an executive order (EO) on January 25, 2021, titled “Ensuring the Future Is Made in All of America by All of America’s Workers.” Referring broadly to all statutes, regulations, rules, and executive orders that relate to Buy America, Buy American, or domestic sourcing requirements as “Made in America Laws,” the EO expresses the new administration’s policy that the U.S. government should maximize the use of domestic products and services and “should, whenever possible, procure goods,
The First 100 Days: President Biden’s Plan to Secure a Sustainable Public Health Supply Chain, 3 Tips for Government Contractors
In November, we published a post on potential Biden administration use of the Defense Production Act of 1950 (DPA) in response to the COVID-19 pandemic. In his first week in office, President Biden invoked the DPA and signed an executive order to secure a sustainable public health supply chain. The executive order gives insight into how the Biden administration may use the DPA going forward. The following explains the Biden administration’s goals for pandemic preparedness and potential DPA use and
Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 2 of 3)
This is part two of our three-part series on revenue clawbacks. Once again, the scenario: a customer goes bankrupt, and then they (or a trustee) demand you return money you were already paid for services or goods duly rendered. In this three-part series, we discuss strategies for protecting your company against these revenue “clawbacks” and how to implement these strategies before and after a customer’s or teaming partner’s bankruptcy filing. In part one, we discussed the definition of preferences and the
Maryland Essential Workers’ Protection Act: How It May Impact Maryland Employers
Although many employers have taken discretionary measures to protect essential employees, there are currently few mandated health and safety requirements at the federal or state level. On January 20, 2021, the Maryland General Assembly’s Senate and House of Delegates introduced the Maryland Essential Workers’ Protection Act. With the bill, Maryland is now considering joining the growing group of states that are imposing requirements on employers who employ essential workers or require employees to work
How Government Contractors Should Prepare for Biden’s Mask-Wearing Mandate
On his first day in office, President Biden signed Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing (EO), which requires federal agencies to issue guidance that complies with the Center for Disease Control’s (CDC) recommended public health measures for combatting COVID-19, such as physical distancing and mask-wearing. On January 24, 2021, the Office of Management and Budget (OMB), in accordance with the EO, issued a memorandum to assist agencies in preparing their COVID-19
Healthcare Blog Series: CMS and HHS-OIG Issue Final Rules Updating the Anti-Kickback Statute and Stark Law
***This is an update to the second installment of the blog series, which detailedproposed revisions to the Anti-Kickback Statute and the Stark Law.*** On November 20, 2020, over one year after releasing proposed changes to the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law (Stark Law), the Department of Health and Human Services’ Office of the Inspector General (HHS-OIG) and the Centers for Medicare and Medicaid Services (CMS) issued two final rules, revising the AKS and Stark Law safe
Top Bases for REAs and Claims Arising Under COVID-19
COVID-19 has increased costs for government contractors in almost every sector. Requests for Equitable Adjustment (REAs) and claims are available to contractors seeking compensation. But when should you submit an REA or claim? Below are top bases for filing REAs or claims that government contractors should look for when facing cost increases due to COVID-19.Delays Delays in contract performance are a common driver of increased costs and/or the need to extend a contract’s period of performance for
The End of An Area: Planning Now for Potential Loss of HUBZone Status
2021 is an important year for the many HUBZone firms located in redesignated areas that will lose HUBZone status after 12/31/21. For these firms, the time is now to plan for maintaining HUBZone status in 2022 and beyond. Here’s what you need to know. If you are located in a redesignated area that loses HUBZone eligibility after this year, you could make plans this year to move your office to a new location that will still be HUBZone eligible after the end of the year. Before going that route, however, you
ANNOUNCEMENT: PilieroMazza Builds on Strategic Plan for the Future
WASHINGTON, DC, JANUARY 5, 2021: PilieroMazza announces that, effective January 1, 2021, Tony Franco became Managing Partner, assuming the role held for over three decades by Founding Partner Pam Mazza. Commenting on the change, Pam remarked, “Tony is a proven leader with a solid understanding of not only the practice of law, but also the business of law. He is more than capable of leading us into the future.” “Rotating the responsibilities of managing partner is an essential part of PilieroMazza’s
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