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President Trump Signs Paycheck Protection Program Flexibility Act

President Trump today signed into law the Paycheck Protection Program Flexibility Act of 2020 (PPP Flexibility Act), which was passed by the House of Representatives last week and by the Senate on Wednesday night. The PPP...more

SBA Issues Additional Guidance Regarding PPP Loan Forgiveness and PPP Loan Review Process

The Small Business Administration (SBA) issued two interim final rules on May 22 providing, respectively, additional clarifications regarding Paycheck Protection Program (PPP) loan forgiveness (the Forgiveness Rule) and...more

SBA Releases PPP Loan Forgiveness Application and Issues Formal Guidance Regarding PPP Loan Forgiveness

This alert, originally published May 19, 2020, was updated to reflect further guidance issued by the SBA on May 22, 2020 regarding PPP loan forgiveness. The Small Business Administration (SBA) has released the first major...more

SBA Issues Additional Guidance on “Need” Certification, Extends Safe Harbor Date to May 18

Just one day before the May 14 safe harbor date for borrowers to repay loans under the Paycheck Protection Program (PPP), the Small Business Administration (SBA) issued additional guidance regarding the good faith “need”...more

Overview of New SBA and IRS Guidance Regarding Paycheck Protection Program, Including the “Need” Certification and PPP Loan...

This alert has been updated to reflect further guidance issued by the Small Business Administration (SBA) on May 5, 2020 indicating that forthcoming rule changes will extend the repayment date for the safe harbor discussed...more

Senate Approves $380 Billion Expansion of CARES Act Small Business Loan Programs

In an effort to dramatically expand the amount of aid made available to small businesses under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the U.S. Senate yesterday approved over $320 billion in additional...more

Are You an Affiliate? Guidance for Physician Practice Management Companies under the Paycheck Protection Program

With the much-anticipated release of the Small Business Administration (SBA) Interim Final Rule on affiliation under the Paycheck Protection Program (PPP) late on April 3, those waiting with bated breath for any clarification...more

Increased Progress Payments: DoD Adjusts Procurement Rules to Increase Liquidity

While the health of our citizens is, as it must be, the primary focus of the response, Congress and the Executive Branch are scrambling to ensure that companies have sufficient liquidity to continue operations, and continue...more

CARES Act: SBA Loan Program Expansion

On March 25, 2020, the Senate unanimously passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in response to COVID-19, and the House is scheduled to vote on the CARES Act on March 27, 2020. President...more

GAO Recommends Steps to Ensure VA FSS Program Remains Useful

The Department of Veteran Affairs (VA) manages nine healthcare related ‘schedules,’ groups of umbrella contracts used to order medical supplies and services, under the Federal Supply Schedules (FSS) program. These schedules...more

Are Vendor Lists Technically Technical Data?

A recent dispute between a government contractor and the Army in the Court of Federal Claims has raised the issue of whether procedures for validating restrictions on technical data apply to military contractors’ vendor...more

Merging Mentoring Programs: SBA’s Proposed Rule to Simplify its Mentor-Protégé Programs

On November 8, 2019, the Small Business Administration (SBA) released an expansive proposed rule to merge its two mentor-protégé programs, while also modifying a number of rules applicable to participants in the program....more

Covering the Basics: CISA Announces Cybersecurity Essentials for Small Businesses

In line with recent actions taken across the government to enhance the resilience of the nation’s cybersecurity apparatus, the Cybersecurity Infrastructure Security Agency (CISA) recently released a set of best practices for...more

Trump Revokes "Right of First Refusal" for Employees on Predecessor Contracts

On October 31, 2019, President Trump signed Executive Order (EO) 13897 – “Improving Federal Contractor Operations by Revoking Executive Order 13495.” Taking effect immediately, EO 13897 revokes EO 13495 previously issued by...more

How Do Mergers & Acquisitions Impact Pending Bids?

Given the continued high volume of mergers and acquisitions (M&A) transactions in the federal marketplace, buyers and sellers need to be aware of the developing body of case law at Government Accountability Office (GAO) and...more

Software Developer Acquiescence Dooms Bid for Copyright Infringement against Navy

A recent decision by the U.S. Court of Federal Claims in Bitmanagement Software GMBH vs. The United States determined the United States was not liable for copyright infringement because, based on the interactions between the...more

First Small Business Administration OIG Review of the All Small Mentor-Protégé Program Finds Areas for Improvement

In 2016, the Small Business Administration (SBA) established a new government wide mentor-protégé program for small businesses called the All Small Mentor-Protégé Program (ASMPP). The purpose of the program was for...more

DoD’s Recently Released Draft Framework Signals Significant Changes in Cybersecurity Requirements

A major shift in cybersecurity requirements for Department of Defense (DoD) contractors is about to come into effect—earlier this month the DoD released for public comment the long-anticipated Version 0.4 of the draft...more

Equitable Adjustment Appropriate Where Agency Assumed Contractor’s Duty to Identify SCA Positions

A recent decision in Sotera Defense Solutions, Inc. v. Department of Agriculture, CBCA 6029, 6030, by the United States Civilian Board of Contract Appeals (CBCA), upheld a contract provision that imposed greater obligations...more

Vulnerable Systems: Contractor Protection of Controlled Unclassified Information at Risk

The Department of Defense (DoD) Inspector General recently issued a report summarizing the findings of an audit into the protection of Controlled Unclassified Information (CUI) on contractor networks. Based on an in-depth...more

SBA OHA Clarifies Present Effect of “Indications of Interest” When Determining Size Status

Late last month, the Small Business Administration’s (SBA) Office of Hearings & Appeals (OHA) issued a decision adhering to its prior line of cases discussing when present effect will be given to an indication of interest...more

SBA’s Busy Year End Yields Lots of Potential Changes for Small Businesses in 2019

December of 2018 brought many potential changes to the U.S. Small Business Administration’s (SBA) regulations that impact small businesses. First, on December 4, 2018, the SBA issued a lengthy proposed rule implementing...more

Agencies Continue to Shy Away from Awarding SBIR Funds to VC/Private Equity-Backed Small Businesses

On December 21, 2018, the U.S. Government Accountability Office (GAO) published a report analyzing contract and grant awards of Small Business Innovation Research (SBIR) funding to small businesses owned by multiple venture...more

The Christian Doctrine Strikes Again … To Require Performance and Payment Bonds in all Construction Contracts

On November 5, 2018, the Federal Circuit held in a precedential decision that bonding requirements in FAR 52.228-15, “Performance and Payment Bonds—Construction,” were read into all construction contracts by operation of law...more

CFIUS Pilot Program Creates New Obligations and Challenges

• Mandatory declarations of certain transactions now required • Certain changes to pre-existing regulations also announced and effective immediately • Mandatory declaration requirement may not ease burden on parties...more

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