Coronavirus in the Workplace—What Employers Need to Know
As the potential spread of coronavirus disease 2019 (COVID-19) in the United States becomes a very real possibility, employers should prepare to address the condition and concerns in the workplace. The Center for Disease Control and Prevention and the Occupational Safety and Health Administration recently issued guidance on steps to mitigate the spread of COVID-19. In light of this guidance, employers should consider implementing certain policies and procedures to continue to ensure a safe and healthy workplace. The policy can . . . Read More
CMMC Is Coming: Are You Ready?
PilieroMazza previously blogged at length regarding the draft releases of the Cybersecurity Maturity Model Certification (CMMC) guidelines in anticipation of its final release. The Department of Defense (DOD) released the final version of the CMMC guidelines on January 31, 2020. For government contractors, the release signals the start of their preparation, in earnest, for CMMC certification to improve their chances of doing business with the DOD. IT system audits are set to begin in mid 2020, and DOD plans to require certification . . . Read More
The 2020 NDAA’s Impact on Government Contractors
On December 17, 2019, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2020, sending it to the White House for the President’s signature. As with prior NDAAs, the 2020 NDAA includes a number of provisions that affect procurement policy, management, and related matters. Below, we summarize some of the more notable provisions that will impact government contractors. Section 823 – Modification of Justification and Approval Requirement for Certain Department of Defense Contracts Section 823 of . . . Read More
Effective January 6, 2020: SBA Adopts Five-Year Receipts Calculation
Effective January 6, 2020, SBA will change the period of measurement for receipts-based size calculations from three years to five years. This change is the result of the Small Business Runway Extension Act of 2018 and SBA’s final rulemaking on December 5, 2019. This is a long-awaited change and will have far-reaching impacts for government contractors. Importantly, SBA is adopting a two-year transition period, until January 6, 2022, during which firms may choose to use either the current three-year calculation or the new . . . Read More
SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know
On November 29, 2019, the U.S. Small Business Administration (“SBA”) issued a final rule (“Rule”) that will implement several provisions of the National Defense Authorization Acts (“NDAA”) of 2016 and 2017 and the Recovery Improvements for Small Entities After Disaster Act of 2015 (“RISE Act”), as well as other clarifying amendments. As we outlined nearly a year ago when the Rule was first proposed, these changes address key small business issues for government contractors, including: subcontracting plans, the non-manufacturer rule (“NMR”), Information Technology Value . . . Read More
Changes to SBA’s HUBZone Program Are Here: Their Impact on Your Business Goals
Effective December 26, 2019, the Small Business Administration (SBA) will implement final rules overhauling regulations for the Historically Underutilized Business Zone Program (HUBZone Program). The new rules will (1) offer HUBZone firms reduced regulatory burdens, (2) help government agencies by eliminating ambiguities in the regulations, and (3) make it easier for HUBZone firms to understand and comply with Program requirements. Below is a practical guide on how the final rules will impact the business goals of government contractors in the HUBZone Program. . . . Read More
This Just In! SBA’s Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon
On November 12-13, 2019, the U.S. Small Business Administration (SBA) hosted its 5th Annual Mentor Protégé Conference where SBA’s John Klein, Associate General Counsel for Procurement Law, answered questions from the audience regarding various mentor-protégé issues. Mr. Klein provided some key insights regarding recent and upcoming SBA rulemakings that will have a significant impact on small business government contractors. We outline some of these updates below, and will also host a breakfast seminar on November 18, 2019 where Mr. Klein . . . Read More
SBA Publishes Important Proposed Rule Changes to 8(a) and Mentor-Protégé Programs
Today, SBA published a proposed rule to merge its mentor-protégé programs and amend many of its rules governing the 8(a) program and small businesses. The proposed rule would have significant implications for the government contracting community. Comments are due by January 17, 2020, and PilieroMazza will host a seminar on November 18, 2019, from 7:30 AM – 10:30 AM EST at The Ritz-Carlton, Tysons Corner. Our seminar will feature Pamela Mazza , Managing Partner of PilieroMazza , and John Klein , Associate General Counsel for Procurement Law at the Small Business Administration (SBA) and . . . Read More
Impact of DOL’s Changes to FLSA Salary Basis Test on Government Contractors and Commercial Businesses
EEOC Announces New EEO-1 Pay Data Reporting Deadline
September 30, 2019 marks the newly announced deadline for employers who submit annual EEO-1 reports to report employee 2018 pay data to the Equal Employment Opportunity Commission (EEOC). The EEOC revealed the new deadline in a federal court submission last week. UPDATE: Since the original blog on this topic was published, the court issued an order confirming the September 30, 2019 deadline, and requiring the EEOC to collect a second year of data in addition to the 2018 pay information. The EEOC . . . Read More