Impact of Recent OHA decision on Size and Status Recertifications

March 16, 2018
By Samuel S. Finnerty
Published by Set-Aside Newsletter: The new year brought a ruling from the Small Business Administration's Office of Hearings and Appeals (OHA) clarifying the effect of SBA's recertification rules. These rules require recertification of size or socio-economic status within 30 days of an approved contract novation, merger, sale, or acquisition, and every five years for any long-term contract exceeding five years.

Do Millennials Pose a Retention Risk? According to GAO, It’s Reasonable For Agencies to Consider It

March 6, 2018
By Isaias Alba IV
Published by Set-Aside Newsletter: The common assumption is that Millennials move quickly between jobs, never truly laying down roots for the long-term. The United States Government Accountability Office (“GAO”) conducted its own study, which focused on employee engagement and attrition, and found slightly higher rates of attrition for Millennials, which decreased as groups increased in age, which, for the oldest of the millennial groups, was only a 1.3% different from non-millennial groups.

The Importance of a Carefully-Drafted Work-Share Provision

June 23, 2017
By Peter B. Ford
Published by Set-Aside Alert Newsletter: Subcontracts contain a number of important provisions that shape the relationship between a prime contractor and its subcontractor. However, there is one provision that overshadows the rest in terms of its significance to the parties' agreement: work-share. The work-­share provision dictates the amount and types of work the subcontractor will perform.

New Option for Past Performance Ratings

May 26, 2017
By Patrick T. Rothwell
Published by Set-Aside Alert Newsletter: The difficulties faced by new small businesses lacking past performance ratings in winning federal contracts are well-known. For small businesses that lack past performance ratings as federal prime contractors, and that perform as first-tier subcontractors under federal contracts for which there is a required subcontracting plan, Congress has established a new "pilot program," under section 1822 of the recently-enacted 2017 National Defense Authorization Act (NDAA).

Untangling Service Contract Act Vacation and Sick Leave Requirements

April 28, 2017
By Nichole D. Atallah
Published by Set-Aside Alert Newsletter: Untangling Service Contract Act Vacation and Sick Leave Requirements Complying with Service Contract Act ("SCA") leave requirements is challenging, even more so if service employees live in a state or county with local sick leave laws or if the contract is subject to Executive Order 13706, Sick Leave for Federal Contractors. Each of these laws and regulations has unique requirements that must be woven together to develop a compliant leave policy.
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