Government Contracts

President Trump Signs Small Business Runway Extension Act of 2018 into Law

December 18, 2018
By Emily J. Rouleau
On December 17, 2018, President Trump signed the Small Business Runway Extension Act (H.R. 6330) into law. As we discussed in our previous blog, the Small Business Act previously measured a company's size under the prescribed size standards on a basis of the company's average annual receipts from the previous three years; the new law extends this time to the previous five years.
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Key Considerations for Government Contractors Facing a Government Shutdown

December 14, 2018
By Nichole D. Atallah and Jacqueline K. Unger
A government shutdown is looming once again. Congress has already passed five of the twelve FY 2019 funding bills, which fund 70% of the government through September 2019, through two vehicles. H.R. 6157 includes funding for the Departments of Defense, Labor, Health and Human Services, Education, and related agencies. H.R. 5895 provides funding for the Departments of Energy, the Interior (Bureau of Reclamation only), Veterans Affairs, and related and independent agencies, as well as the Army Corps of Engineers civil works projects, and the legislative branch. However, the remaining departments and agencies have yet to be funded for FY 2019, leading to a potential partial government shutdown as of December 21st if another Continuing Resolution or funding measures are not passed.
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Congress Passes New Receipts Calculation for Determining the Size of Small Businesses

December 12, 2018
By Emily J. Rouleau
On December 6, 2018, the Senate passed the Small Business Runway Extension Act (HR 6330), which amends the Small Business Act by changing the time period for determining a company's size based on average annual receipts. Initially, the Small Business Act required a company's compliance with the size standards to be prescribed on the basis of the company's average annual receipts from the previous three years; the Small Business Runway Extension Act extends this time to the previous five years. The House passed the bill on September 25, 2018, and on December 11, 2018, it was presented to President Trump to be signed into law.
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Important Changes Governing Limitations on Subcontracting Immediately Affecting All DoD Procurements

December 7, 2018
By Kathryn V. Flood
In a welcome step towards regulatory conformity, on December 4, 2018, the FAR Council finally issued its proposed rule to bring the FAR into compliance with the statutory requirements of § 1651 of the NDAA for FY 2013, which governs limitations on subcontracting. The proposed rule will conform the FAR's limitations on subcontracting clause, FAR 52.219-14, with how SBA performs the calculation, codified at 13 C.F.R. § 125.6.
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SBA Proposes Significant Changes to Its Small Business Regulations

December 7, 2018
By Samuel S. Finnerty
On December 4, 2018, the U.S. Small Business Administration ("SBA") issued a proposed rule ("Rule") to implement several provisions of the National Defense Authorization Acts ("NDAA") of 2016 and 2017 and the Recovery Improvements for Small Entities After Disaster Act of 2015 ("RISE Act"), as well as other clarifying amendments. The Rule will likely garner a lot of attention in the coming weeks, as it proposes a number of sweeping amendments that could have a significant impact on small business government contracting. Indeed, the proposed revisions address key small business issues such as subcontracting plans, the non-manufacturer rule ("NMR"), Information Technology Value Added Reseller ("ITVAR") procurements, limitations on subcontracting ("LOS"), recertification, size determinations, and the ostensible subcontractor rule. Below, we summarize some of the more notable amendments that will impact small business procurement.
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