The American Rescue Plan Act of 2021 (the Act), signed into law by President Biden on March 11, 2021, extends Section 3610 of the CARES Act (previously discussed here, here, and here) through September 30, 2021. The extension allows federal agencies to reimburse contractors for six additional months of paid-leave costs if
CARES Act
Fastest 5 Minutes: NDAA FY2021, Section 3610, Executive Order 13950
This week’s episode covers important developments concerning the nationwide court order enjoining the Executive Order on Combating Race and Sex Stereotyping, GAO’s annual report regarding protest filings, extension of the reimbursement period for Section 3610 of the CARES Act, and the National Defense Authorization Act for Fiscal Year 2021, and is hosted by partners Peter …
Section 3610 of the CARES Act Extended Until March 31, 2021
On Sunday, President Trump signed a combined COVID-Relief and Omnibus Spending Bill, The Consolidated Appropriations Act of 2021, which funds the Federal Government for FY 2021 and includes a variety of COVID-19-related relief measures. Among those measures, Section 1002 of the Act extends the reimbursement period for Section 3610 of the CARES Act, which…
New DoD Guidance Clarifies, and Restricts, Recovery under § 3610
On August 18, 2020, the Acting Principal Director for Defense Pricing and Contracting (DPC) issued updated guidance regarding contractor and subcontractor reimbursement of paid leave costs under the CARES Act § 3610, including two key Class Deviations, both effective immediately. First, it issued Revision 1 to Class Deviation 2020-O0013, which revises and supersedes…
The Paycheck Protection Program and False Claims Act Risk
In this episode, hosts Jacinta Alves and Mana Lombardo discuss the Paycheck Protection Program, which was established by the CARES Act, and FCA risks associated with receipt of those funds. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.
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Funds Today, Investigation Tomorrow: SBA OIG Warns of Serious Concerns of Rampant Fraud with COVID-19 Relief Funds and Calls for Immediate Action
On July 28, 2020, the U.S. Small Business Administration (SBA) Office of the Inspector General (OIG) issued a report titled, “Serious Concerns of Potential Fraud in the Economic Injury Disaster Loan Program Pertaining to the Response to COVID-19.” The report identifies and summarizes OIG’s “serious concerns” of potential fraud and calls for “immediate attention and…
PRAC Report Confirms OIG Focus on Combatting Fraud Related to Emergency Funding Programs
On June 17, 2020, the Pandemic Response Accountability Committee (PRAC) issued its first report, “Top Challenges Facing Federal Agencies: COVID-19 Emergency Relief and Response Effort” (the “Report”). PRAC was established by the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). It consists of the twenty-one offices of inspectors general (OIGs) that oversee the…
Coronavirus Update: The SBA Changes the PPP Eligibility Ground Rules – Providing New Calculation of Employee Count for Affiliates With Questions Remaining on Applicable Headcount for Applicants
On May 18, 2020, the Small Business Administration (SBA) released a new interim final rule addressing the confusion raised by the SBA’s FAQ 44 on how PPP applicants are to count employees of foreign and U.S. affiliates for purposes of determining eligibility against the 500 or fewer employee size standard provided for in the CARES…
Coronavirus Update: Government Adds FAQ Demanding Repayment of Paycheck Protection Program Loans from Companies with “Adequate Sources of Liquidity”
On April 23, 2020, Treasury drastically complicated the landscape for the Paycheck Protection Program (PPP) by updating a Frequently Asked Questions document with a response to the question: “Do businesses owned by large companies with adequate sources of liquidity to support the business’s ongoing operations qualify for a PPP loan?”
The PPP application requires applicants…
CARES Act Section 3610 Guidance
Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) permits government agencies to modify the terms of existing contracts or other agreements, without consideration, to reimburse at the minimum applicable contract billing rates not to exceed an average of 40 hours per week for any paid leave, including sick leave, a…