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WEBINAR: Revisiting Executive Compensation and Employee Incentive Plans, October 20, 2020, Nichole Atallah and Kathryn Hickey
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 [email protected] for immediate assistance.
CLIENT ALERT: DOL Publishes Guidance on Diversity Training Executive Order, October 8, 2020, Nichole Atallah, Sarah Nash, and Sara Nasseri
On September 22, 2020, the Trump administration issued Executive Order 13950 prohibiting workplace training that involves “sex stereotyping” or “scapegoating.” The order is applicable to federal employees, the military, and private entities that receive grants or federal government contracts. While there is much we do not know about the implications of the order, this client alert examines the Department of Labor’s (DOL) limited guidance, which sheds some light on the order’s requirements and its implications for government contractors who violate the order. [Read More]
Upcoming Labor & Employment Presentations
SBA and Treasury Announce Simpler PPP Forgiveness for Loans of $50,000 or Less
The Small Business Administration (SBA), in consultation with the Treasury Department, released a simpler loan forgiveness application for Paycheck Protection Program (PPP) loans of $50,000 or less. This action was intended to streamline the PPP forgiveness process to provide financial and administrative relief to small businesses.
Read SBA’s related release here.
GSA Wants to Know What IT Services to Include on Polaris
Nextgov reported that, while the General Services Administration (GSA) has ideas for its new government-wide small business IT contract, Polaris, GSA also wants to know what kinds of emerging technologies the government contracting, IT, and other industry communities want to see among the offerings. Indeed, a blog on GSA’s Interact website, posted on October 7, 2020, requests customers’ feedback on certain technology offerings and states that a survey asking more-detailed questions about customer experiences with same will be released later in October. Read more here.
GSA Announces Important Dates for Schedule Contractors
GSA announced key upcoming dates for contractors:
- The new GSA Federal Acquisition Service (FAS) ID launched on October 10, 2020. The FAS ID is a new way for contractors to access GSA applications (including eBuy) using multi-factor authentication. More information on the FAS ID can be found here.
- The deadline for contractors to submit updated catalog information to GSA Advantage has been extended to March 31, 2021. Contractors are required to update their catalogs after accepting the consolidated mass modification. More information on the catalog updates can be found here.
Read more here.
Bloomberg Government reported that the leaders of the U.S. Senate’s and House of Representatives’ Armed Services Committees recently hinted at a timeline for the 2021 National Defense Authorization Act (NDAA). According to the article, Senator James M. Inhofe (R-OK) said he did not expect formal conferees, especially in the House, to be appointed until about November 16th. House Armed Services Committee Chairman Adam Smith (D-WA) commented that they plan to have a negotiated conference report on the NDAA on the floor of the House during the first week of December.
Civilian Agency Contract Spending Reaches Record High in Fiscal Year 2020
Government Executive reported that civilian agencies’ contract spending hit a record high of $228 billion in fiscal year 2020, an increase of 17% ($33.5 billion) from fiscal year 2019. According to the article, the surge in spending is mainly attributed to the novel coronavirus pandemic. Read more here.
USAID’s Section 889 Telecommunications Waiver
The United States Agency for International Development (USAID) received a telecommunications waiver for internet and phone services related to Section 889 of the 2019 NDAA, which was originally scheduled to expire on September 30, 2020. USAID reports it received approval to extend this waiver through September 30, 2022. Read more here.
DOD Acquisition Chief Praises Reform Milestone
The Department of Defense (DOD) reported that Undersecretary of Defense for Acquisition and Sustainment, Ellen Lord, lauded the completion of updates to DOD Directive 5000.01, the overarching directive describing the principles governing the Defense Acquisition System, which was created to develop a more lethal force and transform DOD’s acquisition practices. Read more here.
DOD Unveils First Enterprise-Wide Data Strategy
Nextgov reported that DOD unveiled its first data strategy. The 11-page document describes the broad vision for what good data management should look like across the Pentagon. Read more here.
Senate Raises Concerns Regarding JEDI Program
The U.S. Senate Committee on Finance sent a letter to DOD with concerns regarding the Joint Enterprise Defense Infrastructure (JEDI) program. The letter notes an appearance of a conflict of interest, as well as improprieties on the part of the DOD. It ends with a list of questions that DOD must answer by October 19, 2020, regarding the JEDI program and the contracting process. Read more here.
Army Triples Use of OTAs as It Pushes for Modern Technology
FedScoop reported that in the last three years, the U.S. Army has more than tripled its use of other transaction agreements (OTA)—contracts that circumvent typical acquisition regulations to promote rapid, innovative contracting—as it prototypes and tries to field new technology. Read more here.
VA Rule on Disclosure of Certain Protected Records Without Written Consent
The Department of Veterans Affairs (VA) published a final rule which amends the VA’s regulations on the disclosure of certain records. Recent changes in law, to include the VA MISSION Act of 2018, now authorize the VA to disclose certain protected records to non-VA entities for purposes of providing healthcare or performing other healthcare-related activities or functions to include recovering or collecting reasonable charges for care furnished. The rule goes into effect on November 9, 2020. Read more here.
Upcoming Government Contracts Presentations
Upcoming Business & Transactions Presentations
WEBINAR: Mergers and Acquisitions in Healthcare: Getting Your House In Order, November 11, 2020, Kathryn Hickey. [Read More]