COFC Confirms Rule of Two Analysis Applies Before Agency Decides to Utilize a Multiple-Award Vehicle

On November 30, 2020, the U.S. Court of Federal Claims (COFC) issued a decision that supported the Small Business Administration’s position regarding the Rule of Two analysis requirements for government acquisitions. [1] The central question surrounding the case was whether the U.S. Army could cancel a Federal Acquisition Regulation (FAR) Part 8 service-disabled veteran-owned small business (SDVOSB) set-aside procurement under the General Services Administration’s Federal Supply Schedule (FSS) and move the requirement to a multiple-award indefinite-delivery, indefinite-quantity (MAIDIQ) contract vehicle that . . . Read More

SBA Issues More New Guidance on PPP Loan Forgiveness

In a new FAQ published on August 4, 2020 (found  here ), 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 . . . Read More

BLOG: Investing in or Acquiring a Medical Provider? Costs of Improperly Reporting Medicare Changes in Ownership (CHOW)

When an investor desires to invest in or acquire a medical provider, the investor must understand how the transaction may affect the provider’s Medicare enrollment. Depending on the structure of the transaction, the provider must report certain changes in the provider’s ownership to the Centers for Medicare & Medicaid Services (“CMS”). Compliance with CMS’s notification requirements permits the provider to continue participating in the Medicare program under its provider agreement with minimal, if any, delays or issues. However, if the . . . Read More

ANNOUNCEMENT: PilieroMazza Welcomes Former DOJ Litigator Ora Nwabueze to Litigation Team

PilieroMazza  is pleased to welcome  Ora Nwabueze  to the Firm’s  Litigation & Dispute Resolution Group .  “Ora is a welcome addition to our growing litigation team,” said the Group’s Practice Chair  Matt Feinberg .  “His diverse experience in high stakes business litigation matters in both government and private practice will greatly benefit our clients.”   Ora offers PilieroMazza clients full-circle representation and adept knowledge in matters involving complex commercial litigation and dispute resolution. Furthermore, he has substantial prior engagements defending business clients in various areas, including corporate finance, healthcare, mass . . . 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

Matt Feinberg Talks to Law360 on Litigation Funding Companies’ Interest in Funding FCA Cases

An unprecedented decision backing a whistleblower’s use of third-party legal funding in a Medicare billing suit has raised concerns that future False Claims Act lawsuits may be motivated more by corporate strategy than protecting the government against fraud. The first-of-its-kind June decision from the Eleventh Circuit revived relator Angela Ruckh’s Medicare fraud judgment against nursing facility operator CMC II LLC despite the company’s objections to Ruckh’s appeal being funded by a third party, sparking considerable debate over the propriety of such . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – July 27, 2020

If you have questions concerning the content below, please visit this  link . COVID-19 Client Resource Center: To access resources for businesses navigating the COVID-19 crisis, we invite you to visit PilieroMazza’s “ COVID-19 Client Resource Center .” Please contact  covid19@pilieromazza.com  for immediate assistance. CYBERSECURITY & DATA PRIVACY CMMC Heads to the STARS: Important Cybersecurity Provisions in GSA’s 8(a) STARS III RFP, July 22, 2020,  Jon WilliamsCy AlbaMeghan Leemon , and  Anna Wright One of the hottest topics for government contractors is the General Services Administration’s (GSA) recent release of the updated 8(a) STARS III . . . Read More

BLOG: CMMC Heads to the STARS: Important Cybersecurity Provisions in GSA’s 8(a) STARS III RFP

One of the hottest topics for government contractors is the General Services Administration’s (GSA) recent release of the updated 8(a) STARS III request for proposal (RFP). With proposals due by August 19, 2020, many contractors are knee deep in preparing responses to this critical multiple-award RFP. The RFP includes provisions to address the Department of Defense’s (DOD) upcoming Cybersecurity Maturity Model Certification (CMMC). CMMC has not even gotten off the ground yet for DOD, but is included in the 8(a) . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – July 21, 2020

If you have questions concerning the content below, please visit this  link . COVID-19 Client Resource Center: To access resources for businesses navigating the COVID-19 crisis, we invite you to visit PilieroMazza’s “ COVID-19 Client Resource Center .” Please contact  covid19@pilieromazza.com  for immediate assistance. LABOR & EMPLOYMENT New DOL Rule Frees TRICARE Providers from OFCCP Audits and Enforcement, July 10, 2020,  Sara Nasseri On July 2, 2020, the Department of Labor (DOL) published a final rule, which clarifies that its Office of Federal Contract Compliance Programs (OFCCP) lacks authority over certain medical providers . . . 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