More Work Needed to Improve the HUBZone Program
The HUBZone Program needs some TLC. After a peak of 14,000 SBA-certified participants in 2009, the HUBZone Program has seen a significant drop in participation over the past few years due to various factors. This, in turn, has led to a marked downturn in federal spending on HUBZone firms, while other set-aside categories have consistently met or exceeded the federal spending goals. In a 2015 report, GAO recommended ways for SBA to improve HUBZone Program oversight as well as communication . . . Read More
Employer Potentially Responsible for Employee’s Shooting Rampage
By Corey Argust What Kind of Risk Might Employers Face Because of an Employee’s (Unexpected) Behavior? On September 15, 2016, the U.S. District Court for the District of Columbia allowed claims of negligent supervision and retention to proceed against the government contractors who employed the person responsible for the 2013 mass shooting at the Washington Navy Yard. DeLorenzo v. HP Enterprise Services, LLC, et al., Case 1:15-cv-00216-RMC (D.D.C. Sept. 15, 2016). In denying motions to dismiss the claims of negligent supervision . . . Read More
Category Management: What Contractors Need To Know
By Michelle Litteken Published in Law360 on September 14, 2016. In December 2014, the Office of Management and Budget announced a new initiative called Category Management, a successor to the Federal Strategic Sourcing Initiative (“FSSI”) that was implemented in 2010. This policy could dramatically change the way the federal government purchases goods and services and the competitive landscape that government contractors face. Category Management has three primary goals: increasing savings, reducing the number of new contracts, and increasing the amount . . . Read More
PilieroMazza Recently Submitted Testimony to the House Small Business Committee Regarding the HUBZone Program
Our law firm represents numerous small businesses operating across the government contracting spectrum, including many businesses that participate in the HUBZone program. We are strong proponents of the HUBZone program and its important and unique place among the federal government’s small business set-aside programs. In representing many HUBZone firms, we have seen first-hand how HUBZone firms benefit from participation in the HUBZone program and, in turn, provide positive impact and many benefits to the people living in underserved communities. However, we have also seen first-hand the . . . Read More
What You Need to Know About Fair Pay and Safe Workplaces Executive Order Implementation
The Federal Acquisition Regulation and related Department of Labor Guidance required to implement Executive Order 13673, Fair Pay and Safe Workplaces, were published on August 25, 2016 (Final Rule and Guidance). With over 200 pages of implementing regulations, many contractors are finding it difficult to determine what they need to know now to be prepared for its implementation. After all, contractors will be required to report violations of over 14 labor laws during the proposal process and on SAM, track . . . Read More
Recent Changes to the 8(a) Program Application Process
“They’re asking for what?” This is a not-so-uncommon response from small businesses applying to SBA’s 8(a) Business Development Program (“8(a) Program”), which is notorious for the amount of information – and paper – that applicants are required to provide SBA to demonstrate eligibility. However, a recent SBA final rulemaking implemented changes to the 8(a) Program application process to eliminate certain requirements which, according to SBA, impose an unnecessary burden on program applicants. For example, SBA has done away with the . . . Read More
Three Big Reasons Government Contractors Should Complete Seller-Side Due Diligence
By Michael de Gennaro and Dana Livne If approached properly, selling your business will rank among the most significant and rewarding moves of your career, representing the culmination of years of patience, hard work and vision. Whether you are planning a sale or just considering it a possibility down the road, there are good reasons as a seller to be proactive about due diligence. Due diligence involves a thorough analysis of your business that will identify not only its assets . . . Read More
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
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