How Can My Unpopulated Small Business Joint Venture Get a Clearance?
By Megan Connor When the SBA issued its final rule concerning its new Small Business Mentor Protégé Programs, it adopted a major change for 8(a) and small business joint ventures: no more populated joint ventures. Instead, the rule provides that where a joint venture is formed as a separate legal entity, like a limited liability company, it may not have its own separate employees to perform contracts awarded to the joint venture. For contractors well-versed in the National Industrial Security Program Operating . . . Read More
Category Management: What Contractors Need To Know – Michelle Litteken – Law360
Now is the Time for a Joint Venture Checkup – Jon Williams, Set-Aside Alert
SBA Will Begin Accepting Applications for the New Small Business Mentor-Protégé Program on October 1, 2016
Late last month, SBA published its final rule establishing a government-wide mentor-protégé program for all small business concerns called the All Small Mentor-Protégé Program. The rule is set to become effective on August 24, 2016. Click here to read our analysis of the final rule and the new program. SBA recently announced that it will begin accepting applications for the All Small Mentor-Protégé Program on October 1, 2016. The application, approval, and monitoring process will be centralized in SBA’s headquarters in Washington, . . . Read More
The SBA’s Two New Recertification Rules
The Small Business Administration (“SBA”) has issued two more regulations that will require that small businesses recertify their size when they engage in a merger and/or acquisition (“M&A”). The regulations, published in conjunction with the final limitation on subcontracting regulation and the new mentor-protégé program, further limit the ability of small businesses to engage in acquisitions that could impact their continued performance of small business set-aside contracts. Both are certain to make it more difficult for small businesses to engage . . . Read More
PilieroMazza Legal Advisor – Third Quarter
In this Issue: Category Management: What Contractors Need to Know Aftermath of the Kingdomware Decision: Where Does the VA Go From Here? Estate and Succession Planning Essentials for Small Business Owners Size Recertification Now Required for Pending Proposals After Merger or Acquisition
PilieroMazza Legal Advisor – Third Quarter 2016
In this Issue: Category Management: What Contractors Need to Know Aftermath of the Kingdomware Decision: Where Does the VA Go From Here? Estate and Succession Planning Essentials for Small Business Owners Size Recertification Now Required for Pending Proposals After Merger or Acquisition
Out With the Old “Mad Men” Era Sex Discrimination Guidelines for Federal Contractors
By Final Rule on August 15, 2016, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) updated its sex discrimination guidelines, in an effort to ensure that companies doing business with the federal government refrain, in accordance with current law and today’s workplace environment, from discriminating against their employees, based on their sex. The OFFCP had previously determined that the original guidelines and regulations, which enforce Presidential Executive Order (E.O.) 11246 and date back as far as . . . Read More
Our Comments in Response to FAR Case 2015-15 Regarding the Federal Strategic Sourcing Initiative – FSSI
PilieroMazza recently submitted comments to the General Services Administration stating that the proposed rule should not be applied in small business set-asides, the brief analysis should allow for flexibility, and the notice of proposed rulemaking understates the impact on small businesses. Click here to read the proposed rule Click here to read our comments submitted to SBA
DOJ Doubles Penalties for Violation of the False Claims Act
By Ambi Biggs The Department of Justice (“DOJ”) has issued an interim final rule that dramatically increases the dollar amount for civil penalties that can be assessed against an entity or individual who violates the False Claims Act (“FCA”). Under the FCA, 31 U.S.C. § 3729, et seq., anyone who knowingly presents a “false or fraudulent” claim to the government for payment or approval or knowingly makes or uses a false record or statement material to a false or fraudulent claim . . . Read More