The Weekly Update March 24, 2017

SMALL BUSINESS ADMINISTRATION Small Business Investment Companies: Passive Business Expansion and Technical Clarifications The delayed effective date for SBA’s final rule on Passive Business Expansion and Technical Clarifications occurred on March 21, 2017, when SBA re-opened the rule for additional public comments. SBA requires additional time to consider this final rule and determine whether any further changes are required. This final rule will go into effect on May 20, 2017. 82 Fed. Reg. 14428 GOVERNMENT CONTRACTS Homeland Security Acquisition Regulation (“HSAR”) – Extension of . . . Read More

The Weekly Update March 17, 2017

SMALL BUSINESS ADMINISTRATION “SBA Administrator Honors Nation’s Top Small Businesses.”  Small Business Administration Press Release, March 16, 2017. Retrieved from https://www.sba.gov. Administrator Linda McMahon, the head of the U.S. Small Business Administration (“SBA”), announced today this year’s Small Business Person of the Year winners from the 50 states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands. All of the winners have been invited to attend ceremonies in Washington, D.C on April 30 – May 1 where . . . Read More

The Weekly Update March 10, 2017

OTHER NEWS “Senate Narrowly Passes Repeal of Obama Fair Pay, Safe Workplace Rule.”  Government Executive, March 6, 2017.  Retrieved from  http://www.govexec.com . The Senate narrowly approved, by a vote of 49-48, a House-passed Congressional Review Act resolution of disapproval, overturning President Obama’s Fair Pay, Safe Workplaces Executive Order (“EO”) and handing a victory to contractors who had blasted the EO and the Department of Labor’s (“DOL”) rule to implement it as “blacklisting.”  The EO aimed to protect contractor employees from wage theft . . . Read More

The Weekly Update March 3, 2017

GOVERNMENT CONTRACTS Presidential Executive Order on Enforcing the Regulatory Reform Agenda This Executive Order instructs the head of each agency to designate an agency official as its Regulatory Reform Officer (“RRO”) within 60 days. Each agency RRO will oversee the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms including (1) offsetting the number and cost of new regulations; (2) regulatory planning and review; and (3) the termination of programs and activities that . . . Read More

The Weekly Update February 24, 2017

GOVERNMENT CONTRACTS Procedural Rules and Regulations The National Labor Relations Board (“NLRB”) amended its procedural rules and regulations to (1) reflect modern technology, such as E-Filing, and eliminate references to telegraphs, carbon copies, and the requirements for hard copy submissions and multiple copies; (2) use more plain language and eliminate legalistic terms such as “therefrom,” “thereupon,” “therein,” “herein,” and “said;” (3) reorganize the rules and add headings so that the subject matter is easier to find; (4) incorporate current practices . . . Read More

The Weekly Update February 10, 2017

SMALL BUSINESS ADMINISTRATION Civil Monetary Penalties Inflation Adjustments The Small Business Administration has issued an interim final rule amending its regulations to adjust for inflation the amount of certain civil monetary penalties that are within the jurisdiction of the agency. These adjustments comply with the requirement in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, to make annual adjustments to the penalties. This rule is . . . Read More

The Weekly Update February 3, 2017

GOVERNMENT CONTRACTS Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs On January 30, 2017, President Trump issued an executive order requiring for every one new federal regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.  In addition, for fiscal year 2017, the heads of all agencies are directed that the total incremental cost of all new regulations, including repealed regulations, . . . Read More

The Weekly Update January 27, 2017

GOVERNMENT CONTRACTS Executive Order Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects On January 24, 2017, President Trump issued an executive order for agencies to streamline and expedite environmental reviews and approvals for all infrastructure projects, including projects that are high priority, such as improving the U.S. electric grid, telecommunications systems, and repairing and upgrading critical port facilities, airports, pipelines, bridges and highways.  The executive order also directs the White House Council on Environmental Quality to decide within . . . Read More

The Weekly Update January 20, 2017

GOVERNMENT CONTRACTS Recognition of Tribal Organizations for Representation of VA Claimants The Department of Veterans Affairs (“VA”) is amending its regulations concerning recognition of certain national, state, and regional or local organizations for purposes of VA claims representation.  Specifically, this final rule allows the Secretary to recognize Tribal organizations in a similar manner as the Secretary recognizes state organizations.  The final rule allows a Tribal organization that is established and funded by one or more Tribal governments to be recognized . . . Read More

The Weekly Update January 16, 2017

GOVERNMENT CONTRACTS Federal Acquisition Regulation; Federal Acquisition Circular 2006-95 This Federal Acquisition Circular provides a summary presentation of final rules issued by the Department of Defense (“DOD”), the General Services Administration (“GSA”) and National Aeronautics and Space Administration and agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council. The Small Entity Compliance Guide for these final rules can be found here . Item I – Uniform Use of Line Items (FAR Case 2013-014) This final rule . . . Read More