Comments to Proposed Rule on Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments, February 7, 2020 -
In its role as advocate to small businesses operating in the government contracting...more
3/2/2020
/ Acquisitions ,
Anti-Kickback Statute ,
Armed Services Board of Contract Appeals ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Fair Chance Act ,
False Claims Act (FCA) ,
Federal Contractors ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mentor-Protege Program ,
Mergers ,
NDAA ,
OIG ,
Proposed Rules ,
SBA ,
SDVOSB ,
Small Business ,
Whistleblowers
CLIENT ALERT: SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know -
On November 29, 2019, the U.S. Small Business Administration (SBA) issued a final rule that will...more
12/12/2019
/ Business Development ,
Department of Labor (DOL) ,
Federal Contractors ,
Mentor-Protege Program ,
NDAA ,
OFCCP ,
OIG ,
Proposed Rules ,
SBA ,
SDVOSB ,
Small Business ,
Small Business Runway Extension Act
Effective January 6, 2020, SBA will change the period of measurement for receipts-based size calculations from three years to five years. This change is the result of the Small Business Runway Extension Act of 2018 and SBA’s...more
LITIGATION & DISPUTE RESOLUTION -
The Supreme Court Clarifies Vague Arbitration Clauses Affecting Class Disputes for Growing Businesses -
For most small to medium-sized businesses, the threat of a class action is not...more
10/18/2019
/ Consolidated Appropriations Act (CAA) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
FOIA ,
HUBZone ,
Joint Venture ,
Limited Liability Company (LLC) ,
Partnerships ,
Professional Corporation ,
SBA ,
Small Business ,
Tipped Employees
SMALL BUSINESS PROGRAMS & ADVISORY SERVICES -
PilieroMazza Submits Comments in Response to RIN 3245-AG75, Proposed Rule on Women-Owned Small Business and Economically Disadvantage Women-Owned Small Business Certification...more
Today, SBA will issue an interim final rule increasing the receipts-based size standards for inflation. An unpublished version of the rule is available here. The change should be effective August 17, 2019, 30 days after the...more
SMALL BUSINESS PROGRAMS & ADVISORY SERVICES -
SBA Issues Proposed Rule Changing Receipts Calculation to 5 Years, Implementing Small Business Runway Extension Act -
On June 24, 2019, the Small Business Administration...more
7/1/2019
/ Comment Period ,
Department of Labor (DOL) ,
Federal Contractors ,
FOIA ,
General Services Administration (GSA) ,
Kisor v Wilkie ,
Proposed Rules ,
Public Comment ,
SBA ,
SCOTUS ,
Small Business ,
State and Local Government
On June 24, 2019, the Small Business Administration (SBA) published its long-awaited proposed rule changing the period of measurement for a receipts-based size calculation from three years to five years. This change was...more
Earlier this month, SBA published its final rule adopting a revised size standards methodology. My colleagues, Jon Williams and Tim Valley, previously described the proposed changes to the methodology in a blog last year. The...more
GOVERNMENT CONTRACTING -
The Department of Defense (DoD) updated its list of product categories for which the Federal Prison Industries’ (FPI) share of the DoD market is greater than 5%, as required by statute. The product...more
3/4/2019
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Department of Defense (DOD) ,
DFARS ,
Equal Pay Act ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
NLRA ,
NLRB ,
Paid Family Leave Law ,
Small Business ,
Title VII ,
TSA
I spoke at the TRI-Association Small Business Advisory Panel (TRIAD) Winter Meeting a couple weeks ago in Nashville, and a number of attendees asked me questions about how often a large prime contractor must require its small...more
RULES AND REGULATIONS -
Proposed Rules -
The Small Business Administration (SBA) published a proposed rule amending its regulations and implementing provisions of the NDAAs of 2016 and 2017 as well as the Recovery...more
12/10/2018
/ Arbitration ,
DFARS ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Services Administration (GSA) ,
Mandatory Arbitration Clauses ,
NDAA ,
OFCCP ,
Proposed Amendments ,
Proposed Regulation ,
SBA ,
Small Business ,
Title VII
DEFENSE DEPARTMENT -
Federal Acquisition Regulation: Evaluation Factors for Multiple-Award Contracts -
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space...more
Congress is considering changing the receipts calculation for small businesses. Currently, a company’s size is determined based on the average annual receipts of the three recently completed fiscal years. However, in the...more
SMALL BUSINESS ADMINISTRATION -
Small Business HUBZone Program and Government Contracting Programs and Consolidation of Mentor-Protégé Programs -
The U.S. Small Business Administration (SBA) announces that it is holding...more
6/11/2018
/ CBO Report ,
Clawbacks ,
Department of Defense (DOD) ,
DFARS ,
False Claims Act (FCA) ,
Federal Contractors ,
HUBZone ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
McDonalds ,
Mentor-Protege Program ,
NDAA ,
Race Discrimination ,
SBA ,
SCOTUS ,
Sexual Harassment ,
Small Business
GOVERNMENT CONTRACTING -
Contractors Oppose Proposed Limit on Federal Bid Protests -
According to an article in govexec.com, the Senate Armed Services Committee on May 22, 2018 began its markup of the fiscal 2019...more
5/30/2018
/ Bid Protests ,
Competitive Bidding ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Contractors ,
Intellectual Property Protection ,
Mandatory Arbitration Clauses ,
Murphy Oil v NLRB ,
NLRA ,
SBA ,
SCOTUS ,
Small Business ,
Veterans
The topics in the Legal Advisor focus primarily on corporate and business matters, federal contracting, employment law, intellectual property and electronic commerce. We encourage our readers to communicate their views to us...more
Over a year ago, SBA released its final rule implementing changes in how limitations on subcontracting are calculated for set-aside prime contracts. Not a day goes by that we do not field questions from clients as to what...more
Financial growth and success are important goals for every small business contractor. However, one potential pitfall of that success and continuous growth is eventually exceeding of the size standards attached to your...more
8/18/2017
/ 8(a) Program ,
Design-Build ,
EDWOSB ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
HUBZone ,
NAICS ,
Recertification ,
Small Business ,
Subcontractors ,
WOSB
In the small business government contracting world, one of biggest advantages to winning a GWAC, like Alliant, CIO-SP3, OASIS or SEWP, is that you will be considered a small business for the contract and any orders awarded to...more
GOVERNMENT CONTRACTING –
2016 GAO Bid Protest Annual Report: Sustain Rate Hits Nine Year High, Up More Than 10% from 2015 –
GAO recently released its annual report to Congress, which included data concerning its...more
On December 23, 2016, the U.S. Small Business Administration (“SBA”) issued a technical correction to its July 25, 2016 final rule regarding the new mentor-protégé program for all small business concerns to address an...more
As of November 1st, SBA’s certify.sba.gov portal is operational and accepting applications for the new Small Business Mentor-Protégé program. By now, you’ve heard of the program and are considering its potential value for...more
On October 24, on the eve of its implementation, the U.S. District Court for the Eastern District of Texas issued a nationwide order halting the implementation of the bulk of Executive Order 13673, Fair Pay Safe Workplaces,...more
When the SBA issued its final rule concerning its new Small Business Mentor Protégé Programs, it adopted a major change for 8(a) and small business joint ventures: no more populated joint ventures. Instead, the rule provides...more