DOD Receives Section 889 Waiver from Director of National Intelligence
On August 12, 2020, Director of National Intelligence John Ratcliffe issued a memorandum to the Department of Defense (DOD) that waives DOD’s requirements under Section 889 of the National Defense Authorization Act for Fiscal Year 2019. The Federal Register published an interim rule on July 14, 2020, that implemented Section 889, which prohibits agencies from procuring telecommunications equipment and services from Huawei Technologies Company, Hangzhou Hikvision Digital Technology Company, Hytera Communications Company, Dahua Technology Company, and ZTE Corporation. The DOD originally released a . . . Read More
Prohibitions on Use of Some Chinese Telecommunications Equipment by Government Contractors Effective August 13, 2020
Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019—prohibiting government agencies and government contractors they work with from using certain covered telecommunications equipment or services from China—goes into effect on August 13, 2020. The FAR Council issued an interim rule implementing Section 889(a)(1)(B) by making a number of changes to 48 CFR Parts 1, 4, 13, 39, and 52. While the interim rule will be effective as of August 13, comments to the . . . Read More
SBA Issues More New Guidance on PPP Loan Forgiveness
In a new FAQ published on August 4, 2020, SBA clarified some additional points from the use of scanned documents to support the application to the forgiveness eligibility of costs incurred or paid during the chosen covered period. As always, PilieroMazza wants to bring this to the attention of all of our clients as we know many firms are currently preparing their forgiveness applications and these may be critical updates. General Loan Forgiveness If you are a sole proprietor/1099 or . . . Read More
California Consumer Privacy Act Enforcement Effective July 1
Despite requests for delay due to COVID-19, California Attorney General Xavier Becerra has affirmed that enforcement of the California Consumer Privacy Act (CCPA) has started, effective July 1, 2020. The CCPA is a huge step forward in data privacy law, granting California consumers robust data privacy rights and increased control over their personal information. Previous PilieroMazza coverage of the CCPA can be viewed here and here . While the CCPA has been in effect since January 1, 2020, companies that do business with California . . . Read More
GSA and SBA Issue Additional Guidance on Bidding Through Joint Ventures for STARS III
As we wrote on July 16th, SBA was interpreting 13 CFR 124.513(a)(2) as prohibiting awards of STARS III to both an 8(a) firm, individually, and a joint venture where that same 8(a) firm was the entity upon whom eligibility for the JV was based. Below we address additional guidance as to SBA’s interpretation of the prohibitions for 8(a) firms seeking to bid on STARS III—as well as compliance requirements—which are important to note as firms prepare their bidding strategies. As of Friday evening, SBA . . . Read More
Virginia First State to Adopt Workplace Safety Standards Amidst COVID-19 Pandemic
On July 15, the Virginia Safety and Health Codes Board approved temporary emergency standards to prevent the spread of the coronavirus in Virginia workplaces. Expected to go into effect during the week of July 27, the new workplace safety standards are the first of their kind in the country. The regulations will impose large monetary penalties on companies that fail to implement various COVID-19 safety measures. Virginia state officials, under the direction of Governor Ralph Northam, purportedly spearheaded implementation of the . . . Read More
STARS III: Simultaneous Bidding as Prime Contractor and Managing Member of JV, or Bidding as Managing Member Under Multiple JVs
PilieroMazza has received a flood of questions related to STARS III and Cy Alba gave a presentation ( link ) earlier today walking through a number of keys issues and our interpretation of key requirements in the RFP. As a part of that, one key question being asked is whether clients are able to bid themselves as a prime contractor and also as the managing member of a joint venture? While there is nothing in the STARS III RFP that expressly disallows submitting an offer . . . Read More
Senate Passes PPP Loan Application Deadline Extension, More Than $130 Billion Still Unclaimed
Last night, the Senate unanimously passed a bill that would extend the Small Business Administration’s (SBA) Paycheck Protection Program (PPP) application deadline through August 8, 2020. The bill is now set to be taken up by the House. The PPP provides forgivable loans to cover payroll and overhead expenses for small businesses. On June 27, 2020, SBA reported that over $134 billion in unclaimed funds remained of the $669 billion program. Unless Congress repurposes them, leftover funds will be returned to the . . . Read More
DC Launches Paid Family Leave Program July 1—What Employers Need to Know
Effective today, employees in DC are eligible for paid family leave pursuant to the DC Paid Family Leave Act (the Act). Below is our brief primer on what employers need to know and what to expect when administering paid family leave. The Act is an insurance program. It does not govern whether an employee is eligible for the leave itself but whether an employee will be eligible for paid leave benefits. Whether an employee is entitled to leave itself is . . . Read More
SBA and Treasury Release New PPP Application Forms
As we reported in our previous alert , President Trump signed the Paycheck Protection Program Flexibility Act (“Flexibility Act”) into law. The bill makes numerous changes to the Paycheck Protection Program (“PPP”) aimed at improving loan forgiveness procedures and loosening restrictions on PPP funds. In accordance with the Flexibility Act, the Small Business Administration (“SBA”) and Department of the Treasury (“Treasury”) released revised application forms for businesses participating in the PPP. The new PPP application forms differ substantially from their previous . . . Read More