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
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,
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
News Release: 4/26/2021
Brightstar Care of Howard County in conjunction with Chris Marcinek Photography (BWN member) launch a campaign for positive aging. The campaign is a contest among Senior Living Communities (all are welcome in Maryland). We are looking for nominations that highlight the importance of strong vibrant women within their community and their families. Share with us via email what a beautiful person they are or what a beautiful life they have lived. The winner will be treated to a private photo shoot complete
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
KatzAbosch Principal Recognized in CFMA’s First-Ever 40 Under 40 Class
Baltimore, Md., (April 20, 2021) — Kristin Bailey, CPA, CCIFP, CCA, Principal at KatzAbosch, has been recognized in CFMA’s first ever 40 Under 40 Class. Kristin Baily started at KatzAbosch as an intern, and quickly rose to the challenge of leading the firm’s construction services group. She is one of the youngest teammates to play a pivotal role in managing the firm’s construction relationships. From early on she has proved an integral part of the group’s success by training and mentoring staff. Kristin
KatzAbosch’s Release’s Government Contracting Community COVID-19 Industry Impact Survey
Baltimore, Md., (April 20, 2021) — The COVID-19 pandemic has created many challenges and uncertainties for government contractors for a year now. To get a sense of how contractors have adapted and continue to respond KatzAbosch is reaching out to our clients and contacts and inviting them to participate in our peer survey. Our goal is to provide general benchmarking data to government contractors around the impact COVID-19 has had and give insight on how companies are responding and performing a year into
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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