Analysis of SBA's Proposed Rule to Create a New Mentor-Protege Program for All Small Businesses

February 6, 2015
On February 5, 2015, the U.S. Small Business Administration (SBA) has issued a proposed rule to amend its regulations to implement provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013, 80 Fed. Reg. 6618. Based on authorities provided in these two statutes, the proposed rule would establish a Government-wide mentor-protégé program for all small business concerns, amend current joint venture provisions and make additional changes to current size, 8(a) Office of Hearings and Appeals or HUBZone regulations, among other proposed changes. This memorandum provides our analysis of the proposed rules.

Analysis of SBA's Proposed Rule Regarding Limitations on Subcontracting

January 7, 2015
On December 29, 2014, the Small Business Administration (SBA) published its proposed rule to implement provisions of the National Defense Authorization Act of 2013 (NDAA) that change the way firms calculate compliance with the limitation on subcontracting rule on small business set-asides. SBA’s proposed rule also proposes changes dealing with the nonmanufacturing rule, including affiliation and joint ventures, among other topics. This memorandum provides our analysis of the new rules.

SBA Issues Final Rules on the Use of Set-Asides for Multiple Award Contracts

October 7, 2013
On October 2, 2013, SBA issued its long-anticipated final rule addressing the use of set-asides on multiple award contracts and clarifying the regulations on bundling and contract consolidation. The final rule implements sections of the Small Business Jobs Act of 2010. SBA had issued a proposed rule on these issues in May 2012, and solicited comments. Likewise, DOD, GSA, and NASA published an interim rule in November 2011 providing agencies with initial guidance regarding the use of set-asides on multiple award contracts. With certain exceptions, the final rule adopts most of the changes contained in the May 2012 proposed rule. Because the issues addressed in the final rule impact multiple SBA programs, SBA is promulgating many additions and amendments to several sections of its rules. This Client Alert highlights many of the key provisions in the final rule.

The Shutdown Labor & Employment Top 10

October 3, 2013
With the federal government shut down heading into its second week, many employers, especially contractors, have been faced with difficult decisions regarding laying off and furloughing employees. If your company has faced or is facing theses decisions, keep in mind the following labor and employment issues that could expose the company to liability.

OFCCP Rules Regarding Veterans and the Disabled will be Effective March 24, 2014

September 25, 2013
Two new rules affecting the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”), governing protected veterans, and Section 503 of the Rehabilitation Act (“Section 503”), governing persons with disabilities were published in the Federal Register on September 24, 2013. The rules become effective on March 24, 2014 and federal contractors and subcontractors must largely come into compliance with the rules by that date. Contractors with affirmative action programs in place on March 24, 2014 may maintain them until the end of the current plan year, delaying compliance with only the affirmative action requirements of the new rules until the start of the next plan year.
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