The 2020 NDAA’s Impact on Government Contractors

On December 17, 2019, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2020, sending it to the White House for the President’s signature. As with prior NDAAs, the 2020 NDAA includes a number of provisions that affect procurement policy, management, and related matters. Below, we summarize some of the more notable provisions that will impact government contractors.   Section 823 – Modification of Justification and Approval Requirement for Certain Department of Defense Contracts Section 823 of . . . Read More

Effective January 6, 2020: SBA Adopts Five-Year Receipts Calculation

Effective January 6, 2020, SBA will change the period of measurement for receipts-based size calculations from three years to five years. This change is the result of the Small Business Runway Extension Act of 2018 and SBA’s final rulemaking on December 5, 2019. This is a long-awaited change and will have far-reaching impacts for government contractors. Importantly, SBA is adopting a two-year transition period, until January 6, 2022, during which firms may choose to use either the current three-year calculation or the new . . . Read More

Changes to SBA’s HUBZone Program Are Here: Their Impact on Your Business Goals

Effective December 26, 2019, the Small Business Administration (SBA) will implement final rules overhauling regulations for the Historically Underutilized Business Zone Program (HUBZone Program). The new rules will (1) offer HUBZone firms reduced regulatory burdens, (2) help government agencies by eliminating ambiguities in the regulations, and (3) make it easier for HUBZone firms to understand and comply with Program requirements. Below is a practical guide on how the final rules will impact the business goals of government contractors in the HUBZone Program. . . . Read More

This Just In! SBA’s Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon

On November 12-13, 2019, the U.S. Small Business Administration (SBA) hosted its 5th Annual Mentor Protégé Conference where SBA’s John Klein, Associate General Counsel for Procurement Law, answered questions from the audience regarding various mentor-protégé issues. Mr. Klein provided some key insights regarding recent and upcoming SBA rulemakings that will have a significant impact on small business government contractors.  We outline some of these updates below, and will also host a breakfast seminar on November 18, 2019 where Mr. Klein . . . Read More

SBA Publishes Important Proposed Rule Changes to 8(a) and Mentor-Protégé Programs

Today, SBA published a proposed rule  to merge its mentor-protégé programs and amend many of its rules governing the 8(a) program and small businesses. The proposed rule would have significant implications for the government contracting community. Comments are due by January 17, 2020, and  PilieroMazza  will host a seminar on November 18, 2019, from 7:30 AM – 10:30 AM EST at The Ritz-Carlton, Tysons Corner. Our seminar will feature  Pamela Mazza , Managing Partner of PilieroMazza , and  John Klein , Associate General Counsel for Procurement Law at the  Small Business Administration  (SBA) and . . . Read More

EEOC Announces New EEO-1 Pay Data Reporting Deadline

September 30, 2019 marks the newly announced deadline for employers who submit annual EEO-1 reports to report employee 2018 pay data to the Equal Employment Opportunity Commission (EEOC). The EEOC revealed the new deadline in a federal court submission last week. UPDATE: Since the original blog on this topic was published, the court issued an order confirming the September 30, 2019 deadline, and requiring the EEOC to collect a second year of data in addition to the 2018 pay information. The EEOC . . . Read More

SBA to Increase Size Standards with Inflationary Adjustment

Tomorrow, SBA will issue an interim final rule increasing the receipts-based size standards for inflation. An unpublished version of the rule is available here .  The change should be effective August 17, 2019, 30 days after the scheduled publication of the rulemaking.  Comments to the rule are due September 16, 2019.  For government contractors whose status changes in the System for Award Management (“SAM”) from “other than small” to “small,” as a result of the inflation adjustment, SBA advises that the . . . Read More

Impact of California Consumer Privacy Act on Government Contractors and Commercial Businesses

The California Consumer Privacy Act (“CCPA”) will go into effect on January 1, 2020. Similar to the European Union’s General Data Protection Regulation (“GDPR”), CCPA creates significant compliance challenges for government contractors and commercial businesses doing business in California, with several states following suit. Under CCPA, fines from the Attorney General for businesses that do not comply could be as high as $7,500 per violation, with CCPA also granting consumers the right to bring private action, exposing companies to actual . . . Read More

SBA Issues Proposed Rule Changing Receipts Calculation to 5 Years, Implementing Small Business Runway Extension Act

On June 24, 2019, the Small Business Administration (SBA) published its long-awaited proposed rule changing the period of measurement for a receipts-based size calculation from three years to five years. This change was prompted by the Small Business Runway Extension Act (the Runway Act), which became law on December 17, 2018.  SBA was slow to implement this change because SBA believes that the Runway Act amended a section of the Small Business Act that does not apply to SBA.  “Nevertheless,” SBA says, . . . Read More