GOVERNMENT CONTRACTS
SBA Seeks Comments on Proposed Updates to the HUBZone Program, and Clarifications to Other Small Business Programs, PilieroMazza Blog
On August 23, 2024, the Small Business Administration (SBA) published a proposed rule that would make changes to its regulations for the Historically Underutilized Business Zone (HUBZone) Program to clarify certain policies. In 2019, SBA made significant revisions to these regulations to enhance the program’s efficiency and effectiveness. The proposed rule aims to further clarify and refine some of these changes, particularly by requiring that any certified HUBZone small business to be eligible as of the date of offer for any HUBZone contract. Additionally, the rule proposes several amendments to SBA’s size and 8(a) Business Development (BD) regulations, along with technical adjustments to the Women-Owned Small Business (WOSB) and Veteran Small Business Certification (VetCert) programs.Top of FormBottom of Form Public comments on SBA’s proposals are currently due by October 7, 2024. Government contractors that participate in any of SBA’s small business programs should take note of the proposed changes and consider whether to address them through public comment. Read more here.
Small Business Administration (SBA) Interim Final Rule: Business Loan Program Temporary Changes, Paycheck Protection Program (PPP), Lender Records Retention Requirements
On August 23, SBA published an interim final rule and requested comments regarding extending the length of time records should be retained for lenders under the PPP. This rule also extends the statute of limitations for criminal charges and civil enforcement actions. The rule is available here and is effective as of August 22, 2024. Comments close September 23, 2024.
DLA’s Mentor-Protégé Program to Help Small Businesses with Contracting, Technical Processes, Federal News Network
“We were very interested in starting our program through the DoD umbrella to help us with creating a resilient industrial base,” Daniele Kurze said. The Defense Department’s “oldest continuously operating federal” program is coming to the Defense Logistics Agency. The DLA’s Office of Small Business programs has just rolled out its mentor-protégé program, which will help small businesses navigate the federal contracting space and enhance their technical and business processes. Read more here.
Government Accountability Office (GAO) Report: Veterans Community Care Program, VA Needs to Strengthen Contract Oversight
On August 21, GAO released a report reviewing the Department of Veterans Affairs’ (VA) management of community care contracts. The report found that program staff currently do not have clearly defined procedures, such as how to track and communicate about problems, and the VA eliminated program manager positions. GAO found that those issues could reduce VA oversight of large contracts and impact the quality of care. Read more here.
GSA Will Update Its Property Management Regulations to Reflect Gender-Inclusive Pronouns, Government Executive
A final rule implementing the tweaks, alongside some other grammatical errors, to a portion of the Federal Management Regulations, the rules that undergird how the federal government handles its physical footprint, is slated for publication in the Federal Register Thursday. In the filing, GSA described the changes as “technical amendments” that are not significant enough to require a notice-and-comment period. Most of the changes appear to be the simple replacement of “his/her” with “their.” In other places, the rule removes the presumption that the GSA administrator is a man, replacing male pronouns with “the administrator.” Read more here.
Upcoming Government Contract Presentations
TRAINING: Navigating the FAR/DFARS: The Most Confusing and Little-Known Clauses, September 10, 2024, Eric Valle, Daniel Figuenick, III
SEMINAR: 16.207 – Firm-Fixed-Price, Level-of-Effort Term Contracts, September 11, 2024, Isaias “Cy” Alba, IV
TRAINING: Unlocking the Secrets of Debriefings, Government Evaluation of Proposals and Protests, September 26, 2024, Katherine B. Burrows, Eric Valle
SEMINAR: Common Scenarios Triggering False Claims Act Violations, Part 1: Government Contracts and Cybersecurity, September 26, 2024, Matthew E. Feinberg, Jacqueline K. Unger, Mark F. Rosenow
SEMINAR: Common Scenarios Triggering False Claims Act Violations, Part 2: Construction and Workforce Issues, October 1, 2024, Matthew E. Feinberg, Jessica A. duHoffmann, Sarah L. Nash
SEMINAR: Common Scenarios Triggering False Claims Act Violations, Part 3: Claims and Investigations, October 10, 2024, Matthew E. Feinberg, Mark F. Rosenow
WEBINAR: Requests for Equitable Adjustment: Optimizing Recovery from Changes to Government Contracts, October 10, 2024, Lauren Brier
TRAINING: Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, October 16, 2024, Katherine B. Burrows, Daniel Figuenick, III
TRAINING: Joint Venture and Mentor-Protege Bidding Strategies, October 17, 2024, Peter B. Ford, Meghan F. Leemon
CONFERENCE: What’s New in GovCon? Important Legal Updates for Government Contractors, October 30, 2024, Isaias “Cy” Alba, IV
CONSTRUCTION / LABOR & EMPLOYMENT
Department of Labor (DOL) News Release: DOL Seeking Input from South Carolina Highway Construction Industry for Wage Survey to Establish Prevailing Wage Rates
On August 21, the DOL announced that it is requesting employers and stakeholders in South Carolina’s highway construction industry to participate in a statewide survey to help its Wage and Hour Division establish prevailing wage rates for construction workers on federally funded and assisted construction projects. Read more here.
LABOR & EMPLOYMENT
House Lawmakers Plan to Force a Vote on Bill to Kill Provision That Cuts Some Feds’ Retirement Pay, Government Executive
The Social Security Fairness Act would abolish two tax provisions that reduce retirement benefits for some federal workers. A bipartisan pair of lawmakers announced Monday that they would act to force a vote on the House floor on a measure that would repeal a pair of controversial tax rules that negatively impact some federal employees’ retirement income. Read more here.
Upcoming Labor & Employment Presentations
CONFERENCE: Why Should Business Leaders Care About HR? It’ll Cost You If You Don’t, September 27, 2024, Nichole D. Atallah
CORPORATE & ORGANIZATIONAL GOVERNANCE
94% of U.S. Business Owners at Risk of Fines from the Financial Crimes Enforcement Network, Greenley Tribune
Small businesses across Greeley and the U.S. may soon face massive fines from the federal government as the deadline for a new report looms. Business owners who don’t meet the deadline could face a fine of nearly $600 per day or even imprisonment of up to two years. Read more here.
First Look at New York State’s LLC Transparency Act, The CPA Journal
On December 22, 2023, New York Governor Kathy Hochul signed the LLC Transparency Act as Chapter 772 of the Laws of 2023. The act is modeled on the federal Corporate Transparency Act, which requires the disclosure of the identities of beneficial owners upon a company’s formation or registration, and the publishing of beneficial owners’ names to the U.S. Department of the Treasury. Read more here.
CYBERSECURITY & DATA PRIVACY
FTC Cracks Down on AI Impersonation Scammers, Government Executive
The Federal Trade Commission is looking to extend its authority to target fraudsters impersonating individuals in scams. The proposed rule covers the misuse of generative artificial intelligence and other technologies. Read more here.
VA Launches a New Platform to Help Veterans Identify and Report Scams, Government Executive
Scammers have increasingly targeted veterans and their beneficiaries, particularly after the PACT Act expanded benefits and health services for retired service members. Read more here.
Small Business Administration (SBA) Press Release: SBA to Host Third Annual Small Business Cyber Summit During Cybersecurity Awareness Month
On August 21, SBA announced that it would host its leading Small Business Cyber Summit on October 16 and 23. The cybersecurity series builds on the Biden-Harris Administration’s National Cybersecurity Strategy to equip with tools and resources to bolster the cybersecurity infrastructure. In collaboration with multiple federal agencies, the SBA’s Small Business Cyber Summit will offer advice, interactive forensic assessments, and cyber-expert panelists discussing local and federal resources. Read more here.
PRIVATE EQUITY & VENTURE CAPITAL
New SEC Rule Provides Break To Smaller Venture Funds, Law360
The U.S. Securities and Exchange Commission has approved rules that would raise thresholds before certain venture capital funds can be regulated as investment companies, enacting a congressional mandate aimed at easing costs for small funds. Read more here (subscription required).
