Weekly Update for Government Contractors and Commercial Businesses – October 22, 2020

If you have questions concerning the content below, please visit this link . WEBINAR: SBA’s Final Rule on Mentor-Protégé Programs: Key Changes for Government Contractors, October 28, 2020, Pamela Mazza and Peter Ford . Read more here . WEBINAR: Mergers and Acquisitions in Healthcare: Getting Your House in Order, November 11, 2020, Kathryn Hickey . Read more here . 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 .” Contact covid19@pilieromazza.com for immediate assistance. BUSINESS & CORPORATE BLOG: Important Considerations When Structuring . . . Read More

PilieroMazza Donates Funds to Gates Foundation Fight Against COVID-19

As part of our ongoing efforts to help support the communities in which we serve, PilieroMazza ’s Corporate Social Responsibility Committee recently made a monetary donation to the Bill & Melinda Gates Foundation to assist in the fight against COVID-19. The Foundation is currently working to create a safe, effective COVID-19 vaccine that will likely be ready by early next year. The hope is that this development will give the world a chance to eliminate the threat of the pandemic—and return to a semblance of normalcy. Donations go towards a . . . Read More

False Claims Act Considerations for PPP Loan Forgiveness Applications

The Paycheck Protection Program (PPP) created through the Coronavirus Aid, Relief, and Economic Security (CARES) Act offered much-needed financial relief to businesses directly impacted by the COVID-19 pandemic. Through the program, eligible businesses could obtain a loan designed to keep employees on the company payroll, even when company revenues were impacted by stay-at-home and social distancing orders. And, in many cases, PPP loans are eligible for total forgiveness, saving companies from the additional financial burden of paying back an often . . . Read More

Important Considerations When Structuring M&A Transactions for Government Contractors: Post-Transaction Pitfalls—Part 3 of a 3-Part Series

M&A transactions involving government contractors are subject to a host of regulatory and industry-specific considerations. This blog series covers key concerns that can impact a deal. Parts 1 and 2 focus on common problems that arise before and during a transaction. They are available here and here . Below we drill down on post-transaction pitfalls in government contractor M&A transactions that can jeopardize the value of the target company. Security Clearances Many contracts require a company to maintain a facility security clearance. . . . Read More

PilieroMazza Summarizes SBA’s Final Rule on Mentor-Protégé Programs

Today, SBA issued its final rule making changes to its rules on joint ventures, the mentor protégé program, the Section 8(a) program, and much more.  In developing this final rule, SBA reviewed and considered the many comments it received, and PilieroMazza believes that the final rule makes many positive changes that will simplify its procedures for small businesses, particularly 8(a) program participants.  Below we summarize major changes in the final rule.  If you have questions concerning SBA’s final rule on its Mentor Protégé Programs, . . . Read More

SBA Adopts Critical Rule Change on Small Business Recertification: Tweaking Its “Technical Correction”

As we recently highlighted , on October 16, 2020, the U.S. Small Business Administration (SBA) enacted a final rule (Rule) that merges the 8(a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé Program and makes a number of other significant changes that impact the small business contracting community. One modifies SBA’s recertification rules and will directly affect a contractor’s ability to pursue options and orders set aside under pre-existing contracts. SBA’s regulations require a concern to recertify its small business size / socio-economic . . . Read More

Weekly Update for Government Contractors and Commercial Businesses – October 15, 2020

If you have questions concerning the content below, please visit this link . WEBINAR: Revisiting Executive Compensation and Employee Incentive Plans, October 20, 2020, Nichole Atallah and Kathryn Hickey COVID-19 has left many companies to balance competing responsibilities. While the primary focus is on taking care of employees and ensuring business continuity, new challenges are arising in appropriately managing executive compensation. This webinar will focus on achieving business goals through attracting, incentivizing, and managing employees. [ Read More ] COVID-19 Client Resource Center: To access resources for . . . Read More

8 Tips to Manage Risks in Healthcare Transactions

In a typical investment or acquisition, the buyer conducts due diligence of the target company. Due diligence involves extensive review of the target company’s history, finances, and operations, including its contracts, customer and supplier relationships, and employees, to understand the risks and opportunities associated with the investment or acquisition. Healthcare companies have their own unique requirements and structures, so a buyer’s due diligence must consider and thoroughly evaluate these additional factors to mitigate the buyer’s risk post-closing. Professional Corporations and . . . Read More

WOSB Certification Required Beginning October 15 – Are You Ready?

As a reminder, beginning on October 15, 2020, all women-owned small businesses (WOSBs) and economically disadvantaged women-owned small businesses (EDWOSBs) pursuing WOSB/EDWOSB set-asides, as well as solicitations with pools reserved for WOSBs/EDWOSBs, must be certified as a WOSB/EDWOSB, either by SBA or a third-party certifier.  The application for certification by SBA is free and may be completed at beta.certify.sba.gov .  Beginning October 15, if you have not completed the certification application, this will impact your ability to bid on WOSB/EDWOSB set-aside . . . Read More

Exiting the Valley of the Shadow of Death: Growth Strategies for Small Businesses Moving to Mid-Tier

Exiting the Valley of the Shadow of Death: Growth Strategies for Small Businesses Moving to Mid-Tier Exceeding your size standard as a small business federal contractor can be a death knell. It can prevent you from bidding new work, recompeting for old work, or with long-term contracts, receiving follow-on options after the 5th year of the contract. Faced with a potential move to the mid-tier, many small business owners look for a possible exit through the sale of their company . . . Read More