The Department of Justice (DOJ) recently announced that it obtained more than $2.68 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending September 23, 2023. DOJ reports that “matters that...more
In the Armed Services Board of Contract Appeals (ASBCA) appeal of McCarthy HITT – Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (Dec. 20, 2023), a contractor brought suit for a collection of COVID-19-related claims on...more
On January 30, 2024, the Biden administration proposed a rule (the Salary Rule) that would amend the Federal Acquisition Regulation (FAR) to “prohibit contractors and subcontractors from seeking and considering information...more
2/9/2024
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Minimum Salary ,
New Rules ,
Proposed Rules ,
Regulatory Mandates ,
Vaccinations
On January 30, 2023, the Biden administration stated that it intends to extend the previously declared COVID-19 national emergency and the separately declared public health emergency until May 11, 2023, and then end both...more
More than ten months ago, on September 9, 2021, President Biden issued Executive Order 14042, which imposed a COVID-19 vaccine mandate on many federal contractors and subcontractors. As we have previously reported, the order...more
More than seven months ago, on September 9, 2021, President Biden issued Executive Order 14042, which imposed a COVID-19 vaccine mandate on many federal contractors and subcontractors. As we have previously reported, the...more
In 2022, there will inevitably be an uptick in the number of appeals of Small Business Administration (SBA) loan decisions in the Paycheck Protection Program (PPP) context. This is due simply to the passage of time, to the...more
As promised, on September 24, 2021, the Safer Federal Workforce Task Force issued Guidance for Federal Contractors and Subcontractors about the implementation of President Biden’s Executive Order 14042, which imposed a...more
9/28/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
New Guidance ,
Remote Working ,
Solicitation ,
Subcontractors ,
Vaccinations ,
Workplace Safety
With Delta variant infections on the rise, the Biden administration recently announced that “every federal government employee and onsite contractor will be asked to attest to their vaccination status,” and that anyone who...more
The Biden administration recently announced that “every federal government employee and onsite contractor will be asked to attest to their vaccination status,” and that anyone who “does not attest to being fully vaccinated...more
The Small Business Administration (SBA) recently issued an interim final rule that extends the deferment period for Paycheck Protection Program (PPP) borrowers who appeal final SBA loan review decisions.
Prior to the...more
The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency’s use of its other transaction agreement (OTA) authority....more
On January 13, 2021, the Small Business Administration (SBA) issued an interim final rule to, among other things, amend § 124.2 of its regulations to incorporate the optional program term extension for small business concerns...more
As part of Bradley’s continued reporting on issues arising from the CARES Act and the Paycheck Protection Program (PPP) that uniquely impact government contractors, we summarize here a new Small Business Administration (SBA)...more
We previously reported on a series of issues arising from the CARES Act and Paycheck Protection Program (PPP) that uniquely impact government contractors. We have cautioned that government contractors should be mindful of the...more
The Government Accountability Office (GAO) recently issued a report to Congress titled COVID-19: Opportunities to Improve Federal Response and Recovery Efforts. Of note, the GAO reports that government-wide contract...more
Under the Paycheck Protection Program (PPP), borrowers can seek loan forgiveness of the full principal amount of loans as early as eight weeks after disbursement of the loan proceeds. On May 22, 2020, the U.S. Small Business...more
5/31/2020
/ Applications ,
Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
FTEs ,
Interim Final Rules (IFR) ,
Lenders ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Popular ,
Safe Harbors ,
SBA ,
Small Business
The Small Business Administration issued an important update to its answers to frequently asked questions about the Paycheck Protection Program (PPP) on May 13, 2020:
Question: How will SBA review borrowers’ required...more
The Small Business Administration (SBA) updated its answers to frequently asked questions about the Paycheck Protection Program (PPP) on May 5, 2020, as follows:
Question: FAQ #31 reminded borrowers to review carefully the...more
On April 30, the Federal Reserve announced substantial changes to the initial terms of its Main Street Lending Program originally released on April 9, 2020:
After receiving over 2,200 comment letters and consulting with...more
5/5/2020
/ Borrowers ,
CARES Act ,
Commercially Reasonable Efforts ,
Coronavirus/COVID-19 ,
Federal Loans ,
Federal Reserve ,
Financial Stimulus ,
Lenders ,
Main Street Lending Programs ,
Main Street New Loan Facility ,
SBA ,
SPVs ,
Term Sheets ,
U.S. Treasury
We recently reported on a series of Paycheck Protection Program (PPP) issues that uniquely impact government contractors. As we noted, particularly concerning for federal contractors is that agencies may seek credits or...more
In the last few days, the Small Business Administration (SBA) provided additional answers to frequently asked Paycheck Protection Program (PPP) questions and published yet another interim final rule on the administration of...more
On April 24, 2020, the Paycheck Protection Program and Health Care Enhancement Act was signed into law and provided an additional $310 billion for the Paycheck Protection Program (PPP). The Small Business Administration (SBA)...more
On April 23, 2020, the Small Business Administration (SBA) updated its Answers to Frequently Asked Questions about the Paycheck Protection Program (PPP). Among the most noteworthy updates is the following answer provided by...more
Many federal contractors have already taken advantage of the Paycheck Protection Program (PPP), which was established by the CARES Act to help small businesses and other eligible applicants survive the economic impact of the...more