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Weekly Update Newsletter - June 2018 #2

CAPITOL HILL - Vets First? An Examination of VA’s Resources for Veteran-Owned Small Businesses - On June 7, 2018, the House Committee on Small Business Subcommittee on Investigations, Oversight, and Regulations...more

SAM Registration Update: Notarized Letter Requirement Change and New Deadline Looming

As most government contractors may know by now, in order to proactively fight against alleged fraudulent activity in the System for Award Management (SAM), the General Services Administration (GSA) issued a rule that required...more

The Risk of Certifying as Small Without Tax Returns

We are regularly contacted at this time of year, before tax returns are due, by companies that wish to pursue small business set-aside contracts but have not yet filed their tax returns. These inquiries stem from the belief...more

FAR’s Signature Requirements Strictly Enforced

Though we live in the electronic age, the pen’s power endures in the government contracts world—at least when it comes to signatures for certified claims. The Armed Services Board of Contract Appeals (“ASBCA”) recently held...more

DBE Contracting Opportunities under the Trump Administration

With President-elect Trump’s promise to turn America’s crumbling infrastructure into an opportunity for accelerated economic growth, there are likely to be significant investments in the next four years in transportation,...more

Office of Management and Budget ( OMB ) Circular A-xxx

Re: Proposed New OMB Circular A-xxx - Dear Ms. Dillon: We are writing to submit comments on the above-referenced proposed Office of Management and Budget (“OMB”) Circular, issued on October 7, 2016, 81 Fed. Reg....more

SBAs 8(a) Annual Reporting Requirements

Overview - - Why the Annual Report Matters for Concerns Owned by Individuals - Why the Annual Report Matters for Concerns Owned by Tribes, ANCs, & NHOs - Consequences of Misreporting - Form 1450 Areas...more

The SBA’s Two New Recertification Rules

The Small Business Administration (“SBA”) has issued two more regulations that will require that small businesses recertify their size when they engage in a merger and/or acquisition (“M&A”). The regulations, published in...more

Understanding SBA's New Government-Wide Small Business Mentor-Protege Program

OVERVIEW - Small Business Mentor-Protégé Program - Mechanics - Eligibility - Compliance Requirements - Application - All Small Business Joint Ventures - Other Important Rule Changes...more

Comments on FAR Case 2015-015 Regarding the Federal Strategic Sourcing Initiative - FSSI

Dear Ms. Flowers: We are writing to submit comments on the above-referenced notice of proposed rulemaking, issued on June 20, 2016, 81 Fed. Reg. 39,883. Our firm represents small business federal contractors. We submit...more

Set-Aside Alert - The DOJ's Enforcement of Small Business Regulations

With the Small Business Administration's new limitations on subcontracting rules going into effect on June 30.... Originally published in the Set-Aside Alert on June 10, 2016. ...more

The GAO’s Report on Contracting with ANC-Owned 8(a) Firms And Its Potential Impact on Tribally-Owned 8(a) Firms

The Government Accountability Office (GAO) recently issued a report, titled “Alaska Native Corporations: Oversight Weaknesses Continue to Limit SBA’s Ability to Monitor Compliance with 8(a) Program Requirements.” The report...more

4/28/2016  /  Federal Contractors , GAO , SBA , Small Business

Do's and Dont's for Teaming Agreements & Subcontracts for 8(a) Contracts

Overview - - Teaming Agreements & Subcontracts - What are they? - What provisions should you include? - What are the key considerations for primes? - What are the key considerations for...more

The SBA’s Final Rule on the 8.73 Percent Inflationary Adjustment to the Monetary-based Size Standards can be Confusing

On January 25, 2016, the Small Business Administration (“SBA”) issued a final rule, effective immediately, adjusting the monetary-based size standards for inflation by 8.73%. While this final rule may suggest that the size...more

Timing Matters, Not Just Size When Protesting Long Term Contracts

Operating in a very competitive market, many small businesses are increasingly filing size protests to eliminate competitors against which they have lost contracts. These protests are not only filed on small business set...more

12/4/2015  /  Federal Contractors , HUBZone , SBA , SDVOSB , WOSB

Reporting Executive Compensation: What If You Don’t Report?

Government contractors are accustomed a myriad of reporting requirements. One such requirement that has caused much consternation is the FAR’s executive compensation clause which, as of October 1, 2015, applies to all...more

A Look At The Numbers: 2015 Government Contracting Annual Report

Some very interesting data, trends, and analysis of government contracting, which should be of interest to government contractors, was published in a recent report by the National Contract Management Association (NCMA) and...more

The Trade Agreements Act: An Unknown Compliance Issue for Small Businesses

Small businesses often enter into government contracts unaware of all the laws and regulations that may apply when selling to the government. One of the laws that is often overlooked is the Trade Agreement Act (TAA). ...more

Reporting Requirements and Diminishing Profits for Government Contractors

Firms bidding on government contracts are well-advised to sharpen their pencils in the current, highly-competitive market. Doing so usually means one thing: lowering prices. With procuring agencies placing a premium on...more

Yet Another Recertification Rule

On December 29, 2014, the Small Business Administration (“SBA”) issued a proposed rule to implement the subcontracting limitation requirements mandated by the National Defense Authorization Act of 2013. Buried therein was a...more

DOT's New DBE Utilization Rules

The Department of Transportation’s (“DOT”) new Disadvantaged Business Enterprise (“DBE”) regulations went into effect on November 3. These new rules will have a significant impact on the highway construction industry,...more

Bid Protests - Seven Things Every Contractor Should Know

In this presentation: - Success of GAO bid protests - Things you didn’t know you can protest (but can) - The importance of intervention - What must be protested prior to award - The...more

Small Business Legislative and Regulatory Update

In this presentation: - GSA Schedule Contracts: Veterans First? - 2013 National Defense Authorization Act (“NDAA”): - NDAA Revisions To LOS - New Mentor Protégé Program - NDAA Impact On MP...more

Comprehensive Joint Venture Agreements

In this presentation: - What Is A Joint Venture - About Joint Ventures - Structuring A Joint Venture - Joint Ventures: Management Structure And Labor - General Provisions That Must Be...more

Relying on an Affiliate for Past Performance to Win A Contract

When a company lacks past performance experience, it can find itself at a significant competitive disadvantage against its competitors. Companies without track records often try to address the problem by relying on the...more

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