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
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
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
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
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
5/6/2020
/ Borrowers ,
CARES Act ,
Certificate of Need ,
Certifications ,
Federal Loans ,
Federal Taxes ,
Final Rules ,
Loan Forgiveness ,
New Guidance ,
Paycheck Protection Program (PPP) ,
Safe Harbors ,
SBA ,
Small Business
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
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
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
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
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
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
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
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
11/21/2019
/ Best Practices ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Defense (DOD) ,
Information Technology ,
National Security ,
Popular ,
Small Business
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
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
10/29/2019
/ Acquisitions ,
Bid Protests ,
Buyers ,
COFC ,
Due Diligence ,
Federal Contractors ,
GAO ,
Mergers ,
Risk Mitigation ,
Sellers ,
Standing
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
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
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
10/1/2019
/ Auditors ,
Certification Requirements ,
Controlled Unclassified Information (CUI) ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Defense (DOD) ,
Federal Contractors ,
Public Comment ,
Third-Party Service Provider
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
9/23/2019
/ Appeals ,
CBCA ,
Contract Claims ,
Contract Disputes ,
Contract Terms ,
Department of Labor (DOL) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Liability ,
Service Contract Act ,
Wage and Hour
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
8/7/2019
/ Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
National Security ,
NIST ,
Risk Mitigation
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
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
1/11/2019
/ Federal Contractors ,
Independent Contractors ,
NAICS ,
NDAA ,
New Legislation ,
Proposed Amendments ,
Proposed Regulation ,
Public Comment ,
Recertification ,
SBA ,
Set-Aside Contracts ,
Small Business ,
Subcontractors ,
Trump Administration
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
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
• 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
11/1/2018
/ Acquisitions ,
CFIUS ,
Controlled Foreign Corporations ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Mandatory Declarations ,
National Security ,
New Rules ,
Notice Requirements ,
U.S. Treasury