Restaurant Industry Headed To U.S. Supreme Court Over Tipping Practices
In 2014, the U.S. Department of Labor (“DOL”) Wage and Hour Division launched an aggressive enforcement initiative aimed at ensuring companies in the restaurant and food service industry comply with the federal minimum wage, overtime, and record-keeping requirements of the Fair Labor Standards Act (“FLSA”). Plaintiff-side employment lawyers took note immediately and began advertising to their target audience. It is not surprising, therefore, that servers, bartenders, and seasonal or event staff have advanced employee complaints based on alleged improper wage- . . . Read More
Recertifications of Size or Status: What Contractors Need to Know Confirmation
Presented by Megan Connor and Katie Flood Click here to view the recorded session.
Comments on Notice–MV–2017–01, Evaluation of Existing Acquisition Regulations
The U.S. General Service Administration’s (“GSA”) is seeking input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales programs, that may be appropriate for repeal, replacement, or modification. We represent many small businesses that participate in the various procurement programs administered by GSA, in particular contract vehicles under GSA’s Federal Supply Schedule program. Although there are many issues that touch upon small business concerns that hold these contracting vehicles . . . Read More
SBA Seeks Comments on Reducing Unnecessary Regulatory Burden
On August 15, 2017, the U.S. Small Business Administration (“SBA”) released a request for information (“RFI”) seeking input from the public as to which SBA regulations should be repealed, replaced, or modified because they are obsolete, unnecessary, ineffective, or burdensome. The RFI is prompted by various Executive Orders seeking to reduce the number and costs of federal regulations, including Executive Order 13771, signed by President Trump on January 30, 2017, requiring agencies to identify two existing regulations that the agency may cancel for every new . . . Read More
Subcontractor Size Status Representations – Not Identical to Rules Governing Prime Contractors
If you are a prime contractor with a small business subcontracting plan, you may wonder “when” a small business subcontractor should render its size representation, and what are the subcontractor’s obligations to rerepresent its size status, such as after a merger or acquisition. Both the SBA size regulations and the FAR are clear that a subcontractor’s representation of its size status at the time it submits its offer for the subcontract governs the subcontractor’s size status for the subcontract. Thus, subcontractors’ size . . . Read More
The Weekly Update August 11, 2017
FEDERAL AGENCIES “Defense Federal Acquisition Regulation Supplement: DFARS Subgroup to the DoD Regulatory Reform Task Force, Review of DFARS Solicitation Provisions and Contract Clauses.” Federal Register, August 10, 2017. Retrieved from federalregister.gov The Department of Defense published a proposed rule in the Federal Register seeking input on Defense Federal Acquisition Regulation Supplements solicitation provisions and contract clauses that may be appropriate for repeal, replacement, or modification. The public comment period is extended to September 11, 2017. “Report to Congress Restructuring the . . . Read More
SBA Launches New HUBZone Map
The Small Business Administration (“SBA”) recently launched a new version of the Historically Underutilized Business Zone (“HUBZone”) map on the SBA website. The new HUBZone map designates areas as eligible HUBZone locations and indicates whether an address qualifies as one or more HUBZone designations, such as census tract, county, Indian land, disaster area, closed base area, or redesignated area. For certain types of HUBZones, like redesignated areas, disaster areas, and closed base areas, the map also indicates the date when . . . Read More
The Weekly Update August 4, 2017
SMALL BUSINESS ADMINISTRATION “SBA Launches New HUBZONE Maps and Partners with U.S. Digital Service to Streamline and Enhance Online Services for Small Businesses” U.S. Small Business Administration Press Release, July 31, 2017. Retrieved from sba.gov The U.S. Small Business Administration announced that it has launched a new Historically Underutilized Business Zones map . The HUBZone map is the first step in the modernization effort of SBA’s federal contracting programs. SBA has partnered with the U.S. Digital Service to streamline and enhance online services for small . . . Read More
Do I Need to Recertify My Company’s Size for this Task Order?
In the small business government contracting world, one of biggest advantages to winning a GWAC, like Alliant, CIO-SP3, OASIS or SEWP, is that you will be considered a small business for the contract and any orders awarded to you, despite your natural growth. This is because the general rule is that a contractor’s size for purposes of a multiple award contract is established at the date of proposal with price. Effectively, a contractor is locked in as a small business . . . Read More
H&W is Increasing and Includes Offsets for Mandated Sick Leave. What Now?
Effective August 1, 2017, the Service Contract Act (“SCA”) health and welfare (“H&W”) benefit amount increased from $4.27 per hour to $4.41 per hour. See, Department of Labor (“DOL”) All Agency Memorandum Number 225, issued on July 25, 2017. A different H&W rate of $4.13 per hour is now applicable to employees performing work on contracts covered by Executive Order 13706 (“EO”). This EO mandated that certain federal contractors provide up to 56 hours of sick leave to employees. The . . . Read More