SAM’s New Ownership Disclosure Requirements

The System for Award Management (“SAM”) administrator recently issued a new requirement for identification of your entity’s ownership in order to maintain an active registration in SAM. The notice, which was issued Nov. 1, informs small business owners of new ownership questions that are now required to be answered in order to keep their SAM registration active.  The notice is included below: Effective November 1, 2014, a new Federal Acquisition Regulation (FAR) Subpart 4.18 – Commercial and Government Entity Code (CAGE) requires you to . . . Read More

Finally! Sole Source Authority for the WOSB Program

By Megan Connor On December 2, 2014, the House Armed Services Committee and Senate Armed Services Committee released the text of an agreement they have reached on the National Defense Authorization Act for FY 2015 (“NDAA”). Section 825 of the FY 2015 NDAA creates, for the first time, sole source authority for small business concerns owned and controlled by women. This legislation will bring parity to the WOSB Program which, until now, was the only small business procurement program without sole source authority. WOSBs will not see the impact immediately. . . . Read More

Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations

The U.S. Department of Veteran Affair’s (“VA”) Center for Veterans Enterprise (“CVE”) has a tough and sometimes thankless job. Its role is to serve as a “gatekeeper” for VA contracting programs for service-disabled, veteran-owned small businesses (“SDVOSB”), so that purported SDVOSBs which are, in fact, no such thing or are otherwise ineligible, do not receive benefits under these programs. Even so, it is no secret that legitimate and eligible SDVOSBs have sometimes had unexpected and significant difficulties with CVE in . . . Read More

Court of Federal Claims Affirms Due Process Rights for Service-Disabled Veteran-Owned Small Businesses

By Brian Wilbourn The United States Court of Federal Claims recently issued an important decision affirming the due process rights of Service-Disabled, Veteran-Owned Small Businesses (“SDVOSBs”). The case, AmBuild Company, LLC v. United States (Fed. Cl., Oct. 2014), involved an SDVOSB that had been decertified without first giving the company notice and an opportunity to respond to the specific compliance issue on which the decertification was based. AmBuild Company, LLC (“AmBuild”) was the awardee under a SDVOSB set-aside solicitation issued . . . Read More

“What are my chances of winning this protest at GAO?” Assessing Odds at the Government Accountability Office

By Megan Connor Every week, clients call us with potential bid protests.  Usually, they’ve received an unsuccessful offeror letter from the agency and they believe that the evaluation was flawed.  After discussing the viable protest grounds, clients always ask, in one form or another, “What are our chances of winning at GAO ?”  If “winning” means a GAO decision sustaining the protest—that is, a finding that the protest had merit—the answer is low, based on the GAO’s recent Annual Report. On . . . Read More

Don’t Slip Up: The “Boilerplate” Provisions of Your Contracts Deserve Equal Attention

Webster’s dictionary offers the following as an alternative definition of the term boilerplate: “tightly packed, icy snow.” No one would knowingly pay little heed to such a potentially treacherous condition, yet every day in contract negotiation parties devote the vast majority of their efforts to the business terms, while glossing over the “boilerplate” provisions. Oftentimes, the assumption is “if it ain’t broke, don’t fix it”—that is, those standard (read: boilerplate) terms you used in past contracts will work just as . . . Read More

OHA Sheds Some Light on What Constitutes a “Class” of Stock

In my recent article about the impact of separate stock classes on veteran-owned firms , I discussed how having more than one class of voting stock can complicate an ownership analysis under both the Department of Veterans Affairs ’ program for Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses and the U. S. Small Business Administration’s (“SBA”) program (the “SBA Program”) for Service-Disabled Veteran-Owned Small Business Concerns (“SDVO SBCs”). Citing an SDVO SBC status determination for illustration purposes, I explained how the analysis–which may appear straightforward and mechanical at first look–is not so cut and dry when the initial inquiry entails making a . . . Read More

Business Entity Alphabet Soup – GP, LP, JV, LLC, C, S, QSSS – What do they mean?

By Kimi Murakami As government contractors, the business universe is likely filled with familiar acronyms. However, one may not be as familiar with the meaning behind the alphabet letters that comprise the different business entities in the corporate world. Choosing the form of legal entity for your company was most likely a threshold issue for starting your business. By forming a company, you can shield yourself from liabilities that will arise by the business. Whether just starting out or if . . . Read More

What Every Business Owner Needs to Know About Implementing the New Tangible Property Regulations

By Eric Fletcher, Principal with Thompson Greenspon Over the last several years, the IRS has published a series of regulations and rulings that dramatically change how taxpayers must account for the costs of acquiring, repairing, improving and even disposing of tangible property. These new rules represent some of the most significant changes in tax law since the Tax Reform Act of 1986 and they must be adopted no later than the tax year beginning on or after January 1, 2014. . . . Read More

First Zombies, Now Ebola, then What? Preparing for Communicable Diseases in the Workplace

Oh the good ol’ days, when employees were awaiting a fictional zombie apocalypse and getting them to pay attention to prevention and preparedness was easy thanks to zombie animation from the Centers for Disease Control and Prevention (CDC) . However, the coming of Ebola has eclipsed not only zombies but common cold and flu preparedness. It is only natural that Ebola seems much more menacing to us than the flu or other common illnesses, but for employers the threats and risks associated with deadly diseases such as Ebola, HIV, and Hepatitis or more . . . Read More