BLOG: EEOC Delays Collection of EEO-1 Data Due to COVID-19

May 11, 2020
By Sara Nasseri
In light of the public health emergency caused by COVID-19, the Equal Employment Opportunity Commission (EEOC) announced that it will delay collection of EEO-1 Component 1 data until March 2021. Under federal law, businesses with at least 100 employees and federal contractors with at least 50 employees and a federal contract of $50,000 or more generally must file an EEO-1 form each year. This development gives government contractors a one-year extension to file their 2019 Component 1 data.

BLOG: FAR Council Rulemaking Error Requires GSA Contractors to Qualify As Small at Time of Award for Certain Orders

May 6, 2020
By Samuel S. Finnerty
As we recently wrote, the FAR Council published a final rule (Rule) on February 27, 2020 that amends the Federal Acquisition Regulation (FAR) to capture regulatory changes made by the Small Business Administration (SBA) in 2013, including those pertaining to size representation/certification. However, in drafting the Rule, the FAR Council made a critical change that not only deviate from SBA regulations, but also run counter to everything we know about when the size status of a contractor is determined. All small business concerns should be aware of this Rule change and should consult with counsel regarding their small business representation duties.

BLOG: For Contractors, an REA for Keeping Your People Safe and on the Job

April 30, 2020
By Jason A. Blindauer
In COVID-19 times, one of the ongoing challenges for contractors is how to obtain upward equitable adjustments for increased operating costs due to the crisis. These costs could include more janitorial services, reconfiguring and/or refurnishing workspaces, changing processes and/or systems, overcoming supply chain fluctuations, enabling more remote work, compartmentalizing work groups, implementing shift work, allotting administrative time for health checks, giving more transportation and parking benefits, providing Personal Protective Equipment ("PPE"), adding headcount made necessary by changes, as well as recouping the costs for any lost efficiencies due to the foregoing. This blog examines paths to a Request for Equitable Adjustment ("REA") that may be available for government contractors.

BLOG: HHS Provides Guidance on the CARES Act's Provider Relief Fund

April 24, 2020
By Francis G. Massaro
Under the CARES Act, Congress set aside $100 billion for the Public Health and Social Services Emergency Fund (the Provider Relief Fund) to reimburse healthcare providers for healthcare-related expenses or lost revenues attributable to the Coronavirus (COVID-19); the Paycheck Protection Program and Health Care Enhancement Act, which President Trump signed into law, will provide an additional $75 billion to the Provider Relief Fund. Eligible healthcare providers that provide diagnoses, testing, or care for individuals with possible or actual cases of COVID-19 may receive grants of funds for expenses related to, among other things, medical supplies and equipment, increased workforce and trainings, surge capacity, and construction of temporary structures. However, these funds may not be used to reimburse expenses that other funding sources have reimbursed or are obligated to reimburse. Healthcare providers in the Provider Relief Fund's programs should maintain proper records and cost documentation to show compliance with the program and eligibility for reimbursements.

BLOG: Do You Meet the Unique Eligibility Requirements for a PPP Loan?

April 20, 2020
By Jon Williams
If you missed the first batch of loans under the Paycheck Protection Program ("PPP") and want to determine if you are eligible for the next wave of funding that is expected to be added soon, this is what you need to know.
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