Weekly Update for Government Contractors and Commercial Businesses – March 12, 2020

GOVERNMENT CONTRACTS LAW

GSA to Clarify Agency Physical Security Standard Responsibility
The General Services Administration (GSA) issued a proposed rule to revise the Federal Management Regulation to clarify the responsibilities of agencies for maintaining physical security standards in federally owned and leased facilities in light of current law, executive orders, and updated standards. The revision will also update nomenclature and reorganize the subparts for better readability and clarity. Comments are due May 4, 2020. Read the published version here.

DOD Adjusts Civil Monetary Penalties for Inflation
The Department of Defense (DOD) issued a final rule to adjust its statutory civil monetary penalties (CMP) to account for inflation. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, requires the head of each agency to adjust for inflation its CMP levels in effect as of November 2, 2015, under a revised methodology that was effective for 2016 and for each year thereafter. This rule was effective March 6, 2020. Read the published version here.

CRS Report: Defense Authorization and Appropriations Bills: FY 1961–FY 2020
The Congressional Research Service (CRS) updated its defense authorization and appropriations bills report. The report is a research aid that lists DOD authorization bills and appropriations bills for Fiscal Year (FY) 1961–FY 2020. It includes pertinent information on the passage of these bills through the legislative process: bill numbers, report numbers, dates reported and passed, recorded vote numbers and vote tallies, dates of passage of the conference reports with their numbers and votes, vetoes, substitutions, dates of final passage, and public law numbers. Significant definitions are also included. Read the full report here.

ANNOUNCEMENT: PilieroMazza Welcomes Government Procurement Attorney Justin Haselden to Government Contracts Team, March 5, 2020
After nine years representing the federal government, PilieroMazza is pleased to announce the addition of Justin Haselden as an associate in the Firm’s Government Contracts and Litigation & Dispute Resolution practice groups. Commenting on Mr. Haselden’s arrival, Practice Group Chair Tony Franco said, “Justin’s in-agency experience, combined with his private practice, provides a 360-degree view of federal procurements and agency decision-making that will be invaluable to our clients. We couldn’t be more pleased to have him join our team.” [Read More]

Related Government Contracts Law Presentations by PilieroMazza

WEBINAR: Force Majeure? Understanding Your Rights and Responsibilities as a Government Contractor Impacted by COVID-19, March 16, 2020, Speakers: Jon Williams, Ben McMartin (Public Spend Forum), Elizabeth Jochum (Smith Pachter McWhorter), and Mark Ries (Crowell & Moring LLP). 

WEBINAR: CMMC Is Coming: Are You Ready?, March 17, 2020, Speakers: Jon Williams and Anna Wright. [Read More]

WEBINAR: PCI Subcontracting Summit 2020: Risk Management, March 24, 2020, Speaker: Isaias “Cy” Alba, IV. 

WEBINAR: The False Claims Act: 2019 Takeaways and 2020 Trends, March 31, 2020, Speakers: Matt Feinberg and Jackie Unger. [Read More]

LABOR & EMPLOYMENT LAW

Bloomberg Law: More Than Half of NLRB Regional Offices Have Top-Level Vacancies
A majority of the National Labor Relations Board’s (NLRB) 26 regional offices have at least one vacancy or temporary appointment in leadership, creating top-level personnel gaps. The regional offices handle a heavy volume of work and are responsible for processing unfair labor practice charges and representation petitions, investigating cases, issuing complaints when charges have merit, authorizing union elections, and litigating matters before administrative law judges.Read more here.

Bloomberg Law: Rare NLRB Order Requires Company to Reopen
According to Bloomberg Law, a federal labor board required a New York business owner, who closed down a truck repair shop and fired two workers after learning that they wanted to join a union, to reestablish the business, rehire the workers, and recognize their union. Per the article, the ruling demonstrates that businesses risk a particularly burdensome remedy if they engage in what the board has traditionally viewed as hallmark violations of federal labor law, including closing down a business in response to union organizing, firing all union-eligible workers, or packing the proposed bargaining unit with new employees who are less sympathetic to organized labor. Read more here.

DOL Revises Forms Required by Labor Organizations Under LMRDA
The Department of Labor (DOL) issued a final rule that revises the forms required by labor organizations under the Labor-Management Reporting and Disclosure Act (LMRDA). Under the LMRDA, specified labor organizations file annual reports (Form T-1) concerning trusts in which they are interested. A Form T-1 covers a trust’s most recently concluded fiscal year, and a Form T-1 is required only for trusts whose fiscal year begins on or after June 4, 2020. A trust’s “most recently concluded fiscal year” is the fiscal year beginning on or before 90 days before the filing union’s fiscal year. The rule provides appropriate instructions and revises relevant sections relating to such reports. This rule is effective April 6, 2020; however, no labor organization is required to file a Form T-1 until 90 days after the conclusion of its first fiscal year that begins on or after June 4, 2020. Read the published version here.

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES

SBA Seeks Comments on Proposed Changes to Community Advantage Pilot Program
The Small Business Administration (SBA) issued a notice of changes to the Community Advantage (CA) Pilot Program and request for comments. The CA Pilot Program is a pilot program to increase SBA-guaranteed loans to small businesses in underserved areas. To support SBA’s commitment to expanding access to capital for small businesses and entrepreneurs in underserved markets, SBA issued the notice to revise the requirements for refinancing non-SBA guaranteed, same-institution debt in certain circumstances. Further, SBA revised the number of loans a CA lender must make before it can begin processing loans under its delegated authority. Finally, SBA has provided guidance on the expiration and process for renewal of CA lenders’ Loan Guaranty Agreements (SBA Form 750CA). The changes took effect March 2, 2020. The CA Pilot Program will remain in effect until September 30, 2022. Read the published version here.

SBA Proposes to Remove Intermediary Lending Pilot Program Regulations
SBA issued a proposed rule to remove three regulations governing the application and selection process for Intermediary Lending Pilot (ILP) program intermediaries:

• Section 109.200, Application To Become an ILP Intermediary;

• Section 109.210, Evaluation and Selection of ILP Intermediaries; and

• Section 109.220, Loan Limits—Loans to ILP Intermediaries.

These regulations are no longer necessary because SBA is no longer authorized to select new ILP intermediaries. Comments are due May 4, 2020. Read the published version here.

LITIGATION & DISPUTE RESOLUTION

Related Litigation & Dispute Resolution Presentations by PilieroMazza

WEBINAR: The False Claims Act: 2019 Takeaways and 2020 Trends, March 31, 2020, Speakers: Matt Feinberg and Jackie Unger. [Read More]

CYBERSECURITY & DATA PRIVACY

Related Cybersecurity & Data Privacy Presentations by PilieroMazza

WEBINAR: CMMC Is Coming: Are You Ready?, March 17, 2020, Speakers: Jon Williams and Anna Wright. [Read More]