Comments on Proposed Rule Regarding the Women-Owned Small Business Federal Contract Program, RIN: 3245-AG72

We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule, issued May 1, 2015, 80 Fed. Reg. 24,846. Our firm represents small businesses, including women-owned and economically-disadvantaged women-owned small businesses (“WOSBs/EDWOSBs”), operating across the government contracting spectrum. Many of the WOSBs/EDWOSBs we represent and have talked to have been eagerly anticipating this rulemaking. The proposed rule places the SBA’s WOSB Program on equal footing with other SBA government contracting programs in providing for award . . . Read More

Analysis of SBA’s Proposed Rule to Create a New Mentor-Protege Program for All Small Businesses

On February 5, 2015, the U.S. Small Business Administration (SBA) has issued a proposed rule to amend its regulations to implement provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013, 80 Fed. Reg. 6618 .   Based on authorities provided in these two statutes, the proposed rule would establish a Government-wide mentor-protégé program for all small business concerns, amend current joint venture provisions and make additional changes to current size, 8(a) Office of Hearings . . . Read More

Analysis of SBA’s Proposed Rule Regarding Limitations on Subcontracting

On December 29, 2014, the Small Business Administration (SBA) published its proposed rule to implement provisions of the National Defense Authorization Act of 2013 (NDAA) that change the way firms calculate compliance with the limitation on subcontracting rule on small business set-asides. SBA’s proposed rule also proposes changes dealing with the nonmanufacturing rule, including affiliation and joint ventures, among other topics. This memorandum provides our analysis of the new rules.

SBA Issues Final Rules on the Use of Set-Asides for Multiple Award Contracts

On October 2, 2013, SBA issued its long-anticipated final rule addressing the use of set-asides on multiple award contracts and clarifying the regulations on bundling and contract consolidation. The final rule implements sections of the Small Business Jobs Act of 2010. SBA had issued a proposed rule on these issues in May 2012, and solicited comments. Likewise, DOD, GSA, and NASA published an interim rule in November 2011 providing agencies with initial guidance regarding the use of set-asides on multiple . . . Read More

The Shutdown Labor & Employment Top 10

With the federal government shut down heading into its second week, many employers, especially contractors, have been faced with difficult decisions regarding laying off and furloughing employees. If your company has faced or is facing theses decisions, keep in mind the following labor and employment issues that could expose the company to liability.

OFCCP Rules Regarding Veterans and the Disabled will be Effective March 24, 2014

Two new rules affecting the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”), governing protected veterans, and Section 503 of the Rehabilitation Act (“Section 503”), governing persons with disabilities were published in the Federal Register on September 24, 2013. The rules become effective on March 24, 2014 and federal contractors and subcontractors must largely come into compliance with the rules by that date. Contractors with affirmative action programs in place on March 24, 2014 may maintain them until . . . Read More

OFCCP Announces New Regulations on Disability and Veterans Employment

On August 27, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) announced new rules outlining how federal contractors should handle their affirmative action and nondiscrimination obligations for protected veterans and for individuals with disabilities under the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”), governing protected veterans, and Section 503 of the Rehabilitation Act (“Section 503”), governing persons with disabilities. The new rules attempt to measure federal contractors’ progress toward achieving equal opportunity for people with disabilities and protected veterans . . . Read More

New SBA Rule Imposes Stricter Standards Affecting Size and Status Representations

Last Friday, the U.S. Small Business Administration (“SBA”) issued the long-awaited final rule implementing provisions of the Small Business Jobs Act of 2010 (“Jobs Act”) pertaining to small business size and status integrity. The new rule, while softened from the proposed rule, implements a strict standard with wide-ranging consequences for contractors representing their size or status under the System for Award Management (“SAM”) database or submitting a proposal under a solicitation reserved or intended for small businesses or businesses participating . . . Read More