NVTC's COVID-19 Resource Center
At NVTC, the health and safety of our members and everyone in our community is of the utmost importance. During these unprecedented times, NVTC remains committed to providing our members with the most relevant and timely content regarding COVID-19. We will continue to closely monitor the pandemic and update this web page as necessary. If you have information that you would like to see include here, please send an email to Kara Mauceri, NVTC's Communications & Marketing Manager. (firstname.lastname@example.org)
Update on the CARES Act
On Tuesday, April 21, 2020, the White House and Congressional leaders reached agreement on, and the Senate passed, a $484 billion interim coronavirus funding bill, titled the Paycheck Protection Program and Health Care Enhancement Act (the “Interim Funding Bill”). The House of Representatives is expected to take action on the Interim Funding Bill this week. The Interim Funding Bill would amend the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) that became law on March 27, 2020.
Williams Mullen: The SBA's Evolving Guidance on PPP Loan
Baker Bott's Firm Thought Leadership: The $484B Interim Coronavirus Funding Bill - What's in the Bill, What's Not, and When Will PPP Funds Run Out Again?
PwC's CARES Act: Accounting for the stimulus (updated April 30, 2020)
Paycheck Protection Program (PPP) Loans: Ineligibility of 501(c)6 Associations
On April 8, 2020, the Small Business Administration (SBA), in consultation with the Department of the Treasury, provided additional guidance to address borrower and lender questions concerning the implementation of the Paycheck Protection Program (PPP), established by section 1102 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act).
You can read more about the available small business assistance offered under the CARES Act on the Department of Treasury's website.
In the guidance, Treasury affirms that 501(c)3 non-profit organizations are eligible for Paycheck Protection loans but, by omission, 501(c)6 associations are not eligible. NVTC, TECNA (the national association of regional technology councils) and many individual TECNA members have been actively advocating with their congressional delegations and the White House to expand the PPP to include 501(c)6 associations. In addition, NVTC had asked TECNA to compose a letter, signed by its members, urging 501(c)6 inclusion and TECNA did so on April 6. Read the full letter here.
7(a) Loan Program Eligibility Under the CARES Act: Status of Small Businesses with Equity Investors
The National Venture Capital Association (NVCA) is working to ensure that venture-funded startups are also eligible for SBA-PPP loans and grants. NVTC is assisting NVCA's efforts and, while the post-legislation rule-making process developed slowly, NVCA thinks there is a clear path for venture funded companies. According to the NVCA:
Eligible Startups (must be impacted by COVID-19 and show need): Startups with minority equity investors where no single investor has the power to prevent a quorum or otherwise block action by the board of directors or shareholders should be eligible and not trigger the SBA affiliation rule. These controls are embedded in various ownership documents so startups will have to do document reviews to determine eligibility. For early-stage startups who do trigger the affiliation with their investors rule, they may still be eligible if the other companies in which their investors trigger affiliation don’t add up to 500 employees in total (or a larger number for some industries like biotechnology).
Deference to Lenders: The interim final rule contained a provision providing banks deference in the processing of applications by allowing them to accept applications without having to render judgment on several aspects of eligibility, including affiliation. This means that lenders should be able to process applications of startups without the manual process of rendering judgment on each company’s charters, by-laws, shareholders agreements etc. Had this not been included, there was little chance the program could have scaled to process a significant amount of applications of small businesses with equity investors. This also means that startup applicants must work particularly closely with company counsel to ensure that their ownership structures do not trigger affiliation, as lenders can approve loans that SBA could subsequently challenge, exposing the company and individual applicant to legal and political risks.
Negative control terms: One aspect from Friday’s guidance was that it appears the SBA will not review certain negative controls combined together to create a “totality of circumstances” which can trigger affiliation. This clears up some ambiguity in the affiliation rules.
Contracting Community: CARES Act Section 3610 Updates
Please read the DFARS framework for implementation of Sec 3610 of the CARES Act on reimbursing contractors for keeping workforce on paid leave and in ready state where they are not able to access federally approved facilities. This guidance appears to differ from the CIA and DNI guidance – the DOD guidance appears to allow costs going back to Jan 31 (instead of March) and applies to contractor facilities, not just federal facilities. NVTC strongly supports this.
April 17, 2020 -- Office of Management and Budget (OMB): Preserving the Resilience of the Federal Contracting Base in the Fight Against the Coronavirus Disease 2019 (COVID-19)
Washington Technology article: White House outlines how agencies can help contractors during pandemic
Letters from the Office of the Under Secretary of Defense
Click here to access the Defense Pricing and Contracting’s website for its COVID-related publications. This website also contains COVID-related publications by the Military Components, as well as the Office of Management and Budget, which are relevant to the contracting community.
Previous updates on the CARES Act (H.R. 748)
President Trump signed off on the The Coronavirus Aid, Relief, and Economic Security Act (CARES) on Friday, March 27, 2020.
Meeting our critical national security needs requires us to maintain a skilled and highly trained workforce. The CARES Act within the Stimulus Package offers relief to our employees who are unable to work due to government facility closures during this national emergency. We thank our Virginia Congressional delegation, led on this issue by Senator Warner, and national congressional and executive branch leadership for their recognition of this critical component of our economy during this unprecedented period.
SEC. 3610. FEDERAL CONTRACTOR AUTHORITY.
Notwithstanding any other provision of law, and subject to the availability of appropriations, funds made available to an agency by this Act or any other Act may be used by such agency to modify the terms and conditions of a contract, or other agreement, without consideration, to reimburse at the minimum applicable contract billing rates not to exceed an average of 40 hours per week any paid leave, including sick leave, a contractor provides to keep its employees or subcontractors in a ready state, including to protect the life and safety of Government and contractor personnel, but in no event beyond September 6 30, 2020. Such authority shall apply only to a contractor whose employees or subcontractors cannot perform work on a site that has been approved by the Federal Government, including a federally-owned or leased facility or site, due to facility closures or other restrictions, and who cannot telework because their job duties cannot be performed remotely during the public health emergency declared on January 31, 2020 for COVID–19: Provided, That the maximum reimbursement authorized by this section shall be reduced by the amount of credit a contractor is allowed pursuant to division G of Public Law 116–127 and any applicable credits a contractor is allowed under this Act.
Read the complete H.R. 748 text.
Read Baker Botts' Alert: CARES Act (including information on the Paycheck Protection Plan and SBA loans)
Read Baker Botts' Alert: Federal Reserve Actions (including information on the Main Street Lending Program)
Read PNC's Summary of Recent Government Actions Supporting U.S. Businesses
Read Pillsbury's CARES Act Analysis
Read Pillsbury's Understanding SBA Loan Opportunities Under the CARES Act
Read U.S. Senate Committee on Small Business & Entrepreneurship--The Small Business Owner's Guide to the CARES Act
Read Venable's CARES Act Summary
NVTC and Others Response to CARES Act for Startups/Small Tech Firms
Read the letter
that NVTC co-signed regarding immediate action to ensure startups/small tech firms can access emergency relief under the newly enacted CARES Act. In less than 48 hours (on a weekend), a total of 126 pro-startup local, state, regional and national groups representing 39 states signed on to the letter. NVTC was proud to be part of this action on behalf of our members.
March 20, 2020 Under Secretary of Defense and the DHS Director of the Cyber & Infrastructure Security Agency--Memorandum regarding COVID-19: DoD/DHS Defense Industrial Base Essential Critical Infrastructure Workforce
March 20, 2020 OMB Memo on Managing Federal Contract Performance Issues Associated with the Novel Coronavirus (COVID-19)
Back to Work Resources
COVID-19: Reaction, Resilience, Recovery, New Reality
Restarting America: Getting back to work safely
-- A risk-based approach and digital toolkit to get employees back to the workplace
How do I lead in a new reality of work?
-- Disruption can be a catalyst. Meet the needs of both employees and leadership with a new and flexible workforce.
Act quickly: get ahead of compensation issues in the era of COVID-19
-- Eight questions to ask to help you adjust your compensation programs for the new environment.
PwC's Return to Work Considerations and Tools to Help
When your priority is your people‒you want to be able to help enable safe return to work protocols and protect them from unnecessary risk. Most companies have already pivoted to a ‘new normal’ that follows a series of workforce dimensions:
Responding to the crisis: Protecting people
Ensuring work gets done: Secure & productive work
Managing Liquidity: Workforce cost management
Preparing for recovery: Recovery readiness
As you plan return to work scenarios, you need tools to support those working essential jobs and protecting their privacy while reducing their risk. PwC created Check-In ‒a precision insights platform that keeps you connected to your people and provides a near real-time view of your workforce productivity and risk exposure, so you can quickly take action and reduce impact. Learn more about Check-In here
Society for Human Resource Management (SHRM)
A Toolbox to Build a New World of Work
-- SHRM is here to help CEOs, policy makers, HR professionals and workers navigate what’s ahead with the latest research, insights and practical tools across 5 pivotal topics.
COVID-19 Healthcare Coalition
This coalition is a private sector response to coordinate collection, aggregation, and analysis of COVID-19 data and best practices. Mayo Clinic, Leavitt Partners and several MIT faculty leaders were among the first to form this effort and asked MITRE to help coordinate the real-time data analytics effort. For more information, visit: https://c19hcc.org
Large donations (6 figures + of N95s for example) should be coordinated through the Virginia Emergency Operations Center (VEOC) and the Virginia Emergency Support Team (VEST). Visit their website for more information
. You can also email VEST.email@example.com
Inova is currently experiencing a shortage of blood supply and inventory is expected to continue to drop with the shortage of donors due to COVID-19. Inova Blood Donor Services has implemented extra precautions to protect donors - it is safe to give blood, and your donation will save a life. Make an appointment at www.inovablood.org
View a complete listing of NVTC's upcoming webinars here.
Many of our recent presentations from our business continuity webinar series were recorded. You can access these recordings here.
Governor Northam Executive Orders Related to COVID-19
Order of Public Emergency Two - Order of the Governor and State Health Commissioner Declaration of Public Health Emergency ~ March 25, 2020
Executive Order 53: Temporary Restrictions on Restaurants, Recreational, Entertainment, Gatherings, Non-essential Retail Businesses, and Closure of K-12 Schools Due to Novel Coronavirus (COVID-19) ~ March 23, 2020
Order of Public Emergency One - AMENDED ORDER OF THE GOVERNOR AND STATE HEALTH COMMISSIONER DECLARATION OF PUBLIC HEALTH EMERGENCY. ~ March 20, 2020
EO-52 Increases in Hospital Bed Capacity in Response to Novel Coronavirus (COVID-19) ~ March 20, 2020
EO-51 Declaration of a State of Emergency Due to Novel Coronavirus (COVID-19) ~ March 12, 2020
U.S. Department of Labor
The U.S. Department of Labor will be hosting a national online dialogue to provide employers and employees with an innovative opportunity to offer their perspective as the Department develops compliance assistance materials and outreach strategies related to the implementation of the Families First Coronavirus Response Act (FFCRA). The ideas and comments gathered from this dialogue will inform compliance assistance guidance, resources, and tools, as well as outreach approaches, that assist employers and employees in understanding their responsibilities and rights under the FFCRA. We need your input by March 29, 2020. Anybody who is interested can participate online here
from March 23 through March 29, 2020 or can join a Twitter chat hosted by @ePolicyWorks on March 25, 2020 at 2 p.m. using the hashtag #EPWChat.
April 1, 2020 Temporary Rule: Paid Leave under the Families First Coronavirus Response Act
-- U.S. Department of Labor announces new paid sick leave and expanded family and medical leave covered underthe Families First Coronavirus Response Act (FFCRA)
March 27, 2020 U.S. Department Of Labor Publishes More Guidance for Workers and Employers Explaining Paid Sick Leave, Expanded Family and Medical Leave Benefit
March 26, 2020 U.S. Department of Labor’s Wage and Hour Division (WHD) has announced more guidance to provide information to workers and employers about how each will be able to take advantage of the protections and relief offered by the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020.
Business Continuity Resources
Accenture’s latest point of view article: “Human resilience: What your people need now”
Appian's HIPAA-compliant COVID-19 Response Management application
KPMG COVID-19 Resources: Resetting, Recovery, New Reality
--Working together to meet the unprecedented challenges of a rapidly changing landscape to establish clarity, emerge with strength, and inspire the future of business.
LiveSafe's Free COVID-19 Safety Resources App
MITRE White Paper: "Stopping COVID-19: Short-Term Actions for Long-Term Impact"
PwC’s COVID-19 Navigator--Assess the potential impact to your business and gauge your readiness to respond
Russell Reynolds Associates: Board Leadership and Performance in a Crisis
Safety4Data complimentary service for three months
- A Bridge Past COVID-19: The path for the economy
- Understanding the people impact of COVID-19 (Coronavirus)
- COVID-19: Insights on tax impacts
- Technology takes on greater prominence
- Adaptive, fact-based and humane
- A Bridge Past COVID-19 UPDATE: Charting the Economic Cliff – KPMG reviews the path for the economy from the impact of COVID-19.
- COVID-19 What now. What next. – Explore our podcasts and live discussions for business on leading through the pandemic. In this series, KPMG advisors address the human, financial, and operational issues of most concern now, and in the future.
- The CARES Act Executive Summary Main tax and nontax provisions on one page
- Financial services regulatory expectations for COVID-19: #2 – Continued response from regulators during the COVID-19 pandemic
Baker Botts Coronavirus (COVID-19) Crisis Response Group
Baker Donelson: Coronavirus (COVID-19): What You Need to Know
Cohn Reznick Coronavirus Resource Center
Erickson Immigration Group COVID-19 Resources
Hunton Andrews Kurth Coronavirus (COVID-19) Resource Center
Morrison Foerster Coronavirus Resource Center
Miles & Stockbridge Coronavirus Task Force
Perkins Coie: Coronavirus (COVID-19): Guidance for Businesses
Pillsbury COVID-19 Resources
Venable LLP Resources
Williams Mullen COVID-19 Legal Resources
Virginia Small Business Resources
Center for Innovative Technology (CIT): Resource guide on emergency financing programs available to Virginia's small businesses
WIOA Rapid Response Funding
In March 2020, Virginia Governor Ralph Northam announced the release of Workforce Innovation and Opportunity Act (WIOA) Rapid Response funding to support Northern Virginia employers to remain open during the Novel Coronavirus (COVID-19) emergency. These funds are intended to assist local employers to avert layoffs and support other operational needs, and prevent, or minimize the duration of, unemployment resulting from layoffs due to the COVID-19 crisis. Employers with fewer than 250 employees are able to submit an application and budget to the SkillSource Group, Inc.; grant requests must not exceed $25,000. Decisions for funding approval will be made within two business days. More information can be found online at https://vcwnorthern.com/covid19-rapid-response/.
U.S. Chamber of Commerce: Coronavirus Small Business Guide
--complete coronavirus coverage, updated daily with new resources to assist you and your business.
U.S. Chamber of Commerce: Coronavirus Emergency Loans--Small Business Guide and Checklist
Virginia SBDC Disaster Loan Application
Virginia SBDC Network Resources for Small Businesses
The Virginia SBDC is regularly hosting webinars to review the SBA Economic Injury Disaster Loans (EIDL) application process. You can watch a recording of a recent webinar here.
Virginia COVID-19 Information
--The most up to date information on Inova’s response to the COVID-19 pandemic can be found here
Northern Virginia Community College (NOVA) COVID-19 Emergency Student Relief Fund
Virginia.gov--The official site of the Commonwealth of Virginia
Fairfax County Economic Development Authority
Loudoun County Economic Development
Prince William Country Department of Economic Development
Virginia Tax Information
IRS Tax Information
--The federal income tax filing due date is automatically extended from April 15, 2020 to July 15, 2020. Taxpayers can also defer federal income tax payments due on April 15, 2020 to July 15, 2020 without penalties and interest, regardless of the amount owed. This deferment applies to all taxpayers, including individuals, trusts and estates, corporations and other non-corporate tax filers as well as those who pay self-employment tax. The IRS urges taxpayers who are due a refund to file as soon as possible. Most tax refunds are still being issued within 21 days. Visit the IRS website for the most up-to-date information.
News Articles of Interest
March 25, 2020 ExecutiveGov "House Supplemental Funding Bill to Allot $3B for Tech Modernization Fund
March 24, 2020 Federal Times "Federal contractors face great uncertainty as coronavirus spreads"
March 23, 2020 Government Executive "White House Releases Coronavirus Guidance for Federal Contractors"
Centers for Disease Control and Prevention (CDC)
Johns Hopkins University Global Cases Map
Virginia Department of Health website
World Health Organization (WHO)