VA Proposes Significant Changes to Its VOSB/SDVOSB Verification Program
On November 6, the Department of Veterans Affairs (VA) issued a proposed rule amending its regulations governing the VA’s verification program for veteran owned small businesses (VOSBs) and service-disabled veteran owned small businesses (SDVOSBs). 80 Fed. Reg. 68795 . The VA proposed both minor, technical changes as well as substantive amendments with the aim of striking a balance between preventing fraud and providing a process that would make it easier for VOSBs and SDVOSBs to become verified. The most notable change is the VA’s . . . Read More
The 10 Most Common Mistakes in Employment Handbooks That Can Lead to Legal Liability
In this article, we decided to focus on 10 common mistakes that can expose your company to potential legal liability: Using a “one-size fits all” approach. It’s tempting to use a handbook template you find online as your own. It may be okay to use one as a place to start, but you should not rely on a template when drafting a handbook. Each business is unique with different policies and workforces, not to mention each may be subject . . . Read More
Kingdomware Vs. the VA: Supreme Court Case to be Dismissed?
First, if you are not familiar with the Kingdomware case, please review this blog post as it will give you a good overview of the case background . If you are already aware of the Kingdomware case, you will likely be surprised to hear that on November 4, 2015, the U.S. Supreme Court issued an order to the parties in the Kingdomware case to submit briefs on whether the case is moot and should, therefore, be dismissed. In its order, the Supreme Court basically asked the parties whether the contract at issue has already been performed and, . . . Read More
Reporting Executive Compensation: What If You Don’t Report?
Government contractors are accustomed a myriad of reporting requirements. One such requirement that has caused much consternation is the FAR’s executive compensation clause which, as of October 1, 2015, applies to all contracts exceeding $30,000, as opposed to the pre-inflationary adjustments threshold of $25,000. The clause requires contractors to report their five most highly-paid executives and list their total compensation for the preceding fiscal year. Most contractors are–not surprisingly, given the nature of the information–very reluctant to disclose such information . . . Read More
SBA Gradually Approves of Hiring Key Personnel from an Alleged Ostensible Subcontractor
By Julia Di Vito The Small Business Administration (“SBA”) is undergoing a gradual shift in its views on small business prime contractors proposing to hire “key personnel” from their subcontractors in the context of the ostensible subcontractor rule. As most small business subcontractors who have been involved in a size protest know, the ostensible subcontractor rule provides that when a prime contractor is unusually reliant on the subcontractor, SBA will deem the prime contractor affiliated with its subcontractor in performing . . . Read More
SBA Approval of 8(a) Joint Ventures – What Is Required Beyond the Regulations?
By Kimi Murakami Over the past several months, our firm has been approached by Section 8(a) companies throughout the country who have been advised by their SBA district offices that their 8(a) joint ventures would not be approved by the SBA. This disappointing news came in spite of the fact that the 8(a) company felt it had met the requirements for 8(a) joint ventures in the SBA rules (see 13 C.F.R. § 124.513). Based on the varied reasons for these . . . Read More
Counterfeit Parts Rule: Do You Know Where Your Parts Came From?
By Michelle Litteken You may have heard about DFARS 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System, also known as the “Counterfeit Parts Rule.” The rule requires contractors who provide electronic parts to the Department of Defense (“DOD”) to establish a counterfeit electronic part detection and avoidance system. When the Counterfeit Parts Rule was issued in May 2014, it drew a great deal of criticism from contractors because of the obligations and risks that it imposed. Up until now, . . . Read More
UPDATED: Dissatisfied with an Unsatisfactory Rating? Contractor Options for Challenging CPARS
By Megan Connor In March 2014, we published a blog about challenging an unfavorable interim or final Contractor Performance Assessment Report System (“CPARS”) rating. Because of changes in the regulations, we wanted to update that post for contractors interested in challenging their CPARS. The FAR provides that contractors must be given a minimum of 14 calendar days to submit comments, rebutting statements, or additional information upon receipt of a CPARS. If you disagree with anything in a CPARS, you should . . . Read More
DC Proposes New Law Requiring 16 Weeks of Paid Family and Medical Leave
By Corey Argust On October 6, the Council of the District of Columbia introduced the Universal Paid Leave Act of 2015. As written, the proposed bill would provide District employees with the ability to take up to 16 weeks of paid family and medical leave within a 12-month period. If adopted, the new law would provide employees working in the District with the most generous paid family leave in the United States, surpassing the current maximum of six weeks of . . . Read More
SBA Proposes Simplified Affiliation Tests for Business Loan Programs
Keep it simple, says SBA, in a recent proposed rule that would redefine the rules of affiliation for firms applying to SBA’s business loan programs, including the 7(a) Loan Program and 504 Loan Program (collectively, the “Business Loan Programs”). Per the proposed rule, changing conditions in the economy and a constantly-evolving small business community have spurred SBA to seek ways to improve the efficiency of its Business Loan Programs. To that end, SBA is proposing to simplify guidelines for determining . . . Read More