Weekly Update Newsletter - July 2016 #3

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GOVERNMENT CONTRACTS

Small Business Mentor-Protégé Programs
The U.S. Small Business Administration (“SBA”) is amending its regulations to implement provisions of the Small Business Jobs Act of 2010, and the National Defense Authorization Act for Fiscal Year 2013. Based on authorities provided in these two statutes, the rule: (1) establishes a government-wide mentor-protégé program for all small business concerns, consistent with SBA’s mentor-protégé program for participants in SBA’s 8(a) Business Development (“BD”) program; (2) makes minor changes to the mentor-protégé provisions for the 8(a) BD program in order to make the mentor-protégé rules for each of the programs as consistent as possible; (3) amends the current joint venture provisions to clarify the conditions for creating and operating joint venture partnerships, including the effect of such partnerships on any mentor-protégé relationships; (4) makes several additional changes to current size and 8(a) Office of Hearings and Appeals; and (5) makes changes to HUBZone regulations concerning, among other things, ownership and control, changes in primary industry, standards of review, and interested party status for some appeals. The final rule is scheduled to be published on July 25, 2016; however, to see a pre-publication of the final rule, click here.

DEPARTMENT OF JUSTICE

Civil Monetary Penalties Inflation Adjustment
In accordance with the provisions of the Bipartisan Budget Act of 2015, the Department of Justice is adjusting, for inflation, civil monetary penalties assessed, or enforced, by components of the department. The amounts of the adjustments were determined according to a formula set forth in the Inflation Adjustment Act, 81 Fed. Reg. 42491. This rule is effective August 1, 2016 and comments are due on, or before, August 29, 2016.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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